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HomeMy WebLinkAboutCC 2013-06-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 13, 2013 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes June 13, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEM 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 ofMiami Page 2 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 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 13th day of June 2013, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Regular Commission Meeting was called to order by Chair Sarnoff at 9:19 a.m., recessed at 11:19 a.m., reconvened at 11: 39 a.m., recessed at 12: 23 p.m., reconvened at 2: 23 p.m., and adjourned at 5:11 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 23 a.m and Commissioner Carollo entered the Commission at 9:25 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Sarnoff (INAUDIBLE) welcome everybody to the June 13, 2013 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Wilfredo [sic] Willy'Gort, the Vice Chair; Frank Carollo; Michelle Spence -Jones; Francis Suarez; and myself, Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Attorney; and Nicole Ewan, the Assistant City Clerk. Oh, I apologize. It is not. It is now our City Clerk back from his leave. The meeting will be opened with a prayer by Commissioner -- 'cause Francis isn't -- oh, he's here -- Francis Suarez and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00672 PRESENTATION Honoree Mercy Hospital Nurses Barbara Simmons, CEO Jay Jefferson G.W. Carver Elem. Clarence Dickson Rtd. Miami Police Chief Dennis Pastrana Goodwill Industries South Florida Digital Alliance 13-00672 Protocol Item.pdf Presenter Protocol Item Mayor Regalado Proclamation Chairman Sarnoff Commissioner Spence Jones Commissioner Spence Jones Mayor Regalado Vice Chair Gort Salute Living Legend Salute Proclamation City ofMiami Page 3 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 PRESENTED 1. Mayor Regalado and Vice -Chair Gort presented a Proclamation to the South Florida Digital Alliance on behalf of Microsoft in acknowledgement of their dedication to elevating the quality of life for the residents of the City of Miami. 2. Mayor Regalado paid tribute to the Nurses of Mercy Hospital in recognition of Nurses Week for their contributions to the hospital's healthcare team and their fostering of high standards of clinical practice both in the hospital setting and community -at -large. 3. Commissioner Spence -Jones honored Living Legend'Chief Clarence Dickson in recognition of his impressive and outstanding career and powerful commitment to civic responsibility through excellence as a peace officer who aid not let us down'and who persevered in the Miami Police Department, overcoming institutional racism, to be appointed its First African American Chief of Police. 4. Commissioner Spence -Jones and Vice -Chair Gort recognized Dennis Pastrana, President and CEO of Goodwill Industries of South Florida, for his thirty-four years of dedication to shaping Goodwill Industries of South Florida into a powerful economic asset, structuring diversity and creativity in its business operations and enabling thousands of people with disabilities to become productive and self-supporting citizens. 5. Chair Sarnoff honored Jay Jefferson in honor of his outstanding service and leadership through his remarkable work as PTA President at George Washington Carver Elementary. Chair Sarnoff We'll now make the presentations and proclamations. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff Now we will get to -- are there any Commission meeting -- sorry, madam -- Mr. Clerk, sorry. Are there any Commission -- I was getting used to saying "Madam Clerk" -- meeting minutes that need to be approved? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the minutes from the May 9, 2013 Miami City Commission meeting. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez -- Commissioner Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. City of Miami Page 4 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 MAYORAL VETOES MV.1 13-00520 ORDINANCE END OF APPROVING MINUTES District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 40, ARTICLE IV, DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, DavidSarnoff FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, MORE PARTICULARLY BY AMENDING SECTION 40-255(M), TO EXCLUDE THE APPOINTED CHARTER POSITIONS OF CITY MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK FROM PENSION FORFEITURE PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00520 Memo - City Clerk.pdf 13-00520 Memo - Mayor.pdf NO ACTION TAKEN on the vetoed item 13381 Note for the Record: The Miami City Commission considered Item MV.1 and decided to take no action on the item. As a result, the veto is deemed sustained Chair Sarnoff Okay. Are there any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, we do have one mayoral veto that is on the agenda, and it pertains to an item -- an ordinance that was passed at the May 23 City Commission meeting. And you do have a procedures for addressing a mayoral veto handout in front of you, and so it's essentially the will of the Commission as to how they would like to proceed. Chair Sarnoff Okay. So option one is to take no action. If the Commission decides to take any action in the mayoral veto, then it will be deemed recorded as no action taken, and the veto would be deemed sustained. Option two, Commission takes action to override the veto. If the Commission decides to take that action on the mayoral veto, then the following motion will need to be made. Does anybody wish to make a motion? All right, then it dies. ORDER OF THE DAY Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. The City Attorney will then ask if the Administration -- City Clerk, I think it should say -- will then ask does the Administration has any items they wish to defer or withdraw, and we'll get to the rest of the meeting. Let's do the deferrals and then we'll get to two procedural issues we need to address. Julie O. Bru (City Attorney): Thank you, Mr. Chair, members of the Commission, Mr. Manager, Mayor, and the 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 section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours and at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell Vetoed City of Miami Page 5 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 phones or other noise -making devices. Silence them now. Any person making offensive remarks or who becomes unruly will be barred from attending the Commission meetings in the future. And anyone with a disability that requires auxiliary aids, please, contact the City Clerk. Thank you, Mr. Chair. Chair Sarnoff Thank you. Mr. Manager, any items you wish or the Administration wishes to defer, continue, or withdraw? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff You're recognized. Mr. Martinez: SR.1, the security screens, continue to July 11; RE.1, continue to July 11. Chair Sarnoff What was the -- what was that one? Mr. Martinez: RE.1. Chair Sarnoff RE.1. Mr. Martinez: RE.15, defer to June 27; RE.17, defer to June 27; and CA.7, withdraw. Chair Sarnoff CA.7, withdraw. Mr. Martinez: Withdraw. Would you like me to go over them again? Chair Sarnoff I -- Commissioner Spence -Jones: Yes. Commissioner Carollo: Please. Mr. Martinez: Yes. SR.1, the security screens, continue to July 11. Chair Sarnoff You mind if we continue that, Mr. Manager, at least till the end of July, 'cause it'll give us --? Mr. Martinez: Give more time. Chair Sarnoff And it'll give us time to have a workshop. Mr. Martinez: Good idea. Commissioner Spence -Jones: So we're not going to do it at all? Vice Chair Gort: Which one? Chair Sarnoff You're welcomed to discuss it, if you want. Commissioner Spence -Jones: No. Chair Sarnoff Whatl will tell you is we're going to have a workshop. Commissioner Spence -Jones: Okay. City of Miami Page 6 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff We're going to explain to everybody where all the money would be available, our PACE (Property Assessed Clean Energy) program, our Ygrene sponsor, coupled with the DDA (Downtown Development Authority) funding, coupled with the BID (Business Improvement District) funding, so that we'll have a meeting in the downtown area, then we'll have a second meeting in Coconut Grove. Vice Chair Gort: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Gort: Let me ask a question. When you do the -- that workshop that you're going to have, I think the Central Business District has been (UNINTELLIGIBLE)9: 47: 20 in all the growth within downtown area. If you could also look at the -- what's going to be happening in the next three years with Miami Center being finished, a lot of the new development being finished around the Central Business District, that might bring new use or some new uses to that area, andl think DDA should be looking into that, besides all the -- make it part of the whole comprehensive program. Chair Sarnoff Okay. Vice Chair Gort: Just food for thought. Chair Sarnoff No, no. That's -- and, you know, if we properly advertise it, if we want to have a little more robust conversation at the downtown meeting, we can. I just don't want to -- I want to give us the time necessary to have this workshop so at least the information could be disseminated. Anybody have anything else they want to --? Everybody understands. It's SR.1, RE.1, 15, 17, and CA.7. Is there a motion? Commissioner Spence -Jones: So moved. Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Gort. I'm sorry, the Vice Chair. Any conversation? Hearing none, all in favor, please say iiye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. City of Miami Page 7 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 CONSENT AGENDA CA.1 RESOLUTION 13-00582 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), A COST REIMBURSEMENT AGREEMENT, AND A VEHICLE USE AGREEMENT (COLLECTIVELY "AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FEDERAL BUREAU OF INVESTIGATION, FOR THE DEPARTMENT OF POLICE'S PARTICIPATION IN THE SOUTH FLORIDA CYBER TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ADMINISTRATION OF SAID MOU AND AGREEMENTS. 13-00582 Summary Form.pdf 13-00582 Legislation.pdf 13-00582 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0212 CA.2 RESOLUTION 13-00583 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FORA PERIOD OF ONE (1) YEAR, WITH AUTOMATIC RENEWALS FOR TWO (2) SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, FOR THE PURPOSE OF THE CITY OF MIAMI'S CONTINUED PARTICIPATION IN THE ENFORCEMENT OF FOR -HIRE TRANSPORTATION REGULATIONS. 13-00583 Summary Form.pdf 13-00583 Legislation.pdf 13-00583 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0210 Chair Sarnoff All right, I believe Commissioner Gort is recognized for CA.2. Vice Chair Gort: CA.2, I only have a question. The reason I'm bringing this up, can you explain the 96police officers, what are they going to be doing? What is their job? City of Miami Page 8 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Manuel Orosa (Chief of Police): Excuse me, Commissioner? Vice Chair Gort: My understanding, we have 96 police officers that going to be working on this with the Miami -Dade County agreement. What is the -- on the traffic -- for higher transportation. In other words, we going to be able -- I know the higher transportation under the -- Chief Orosa: There is no 96 officers working for this. What this is, is that each municipality used to be able to enforce -- Vice Chair Gort: Right. Chief Orosa: -- taxicabs. The County took it over. But the County couldn't do it by themselves, so the County reached agreements with different municipalities to be able to inspect and go after violations of taxicab. So we signed on a long time ago, and the agreement expired, and the County would like to renew the agreement. But it's not that we're putting 96 officers -- Vice Chair Gort: No, I understand. My understanding in reading the backup documents, that we have 96 officers that qualify. Chief Orosa: We have 96 officers that had been trained by the County -- Vice Chair Gort: Trained by the County, okay. Chief Orosa: -- but not that we're going to be deploying them. It's mostly our traffic people or motorcycles and stuff. Vice Chair Gort: The main reason I'm bringing this up, I know we have a lot of problems with the -- like we have areas where we have adjacent citizen and municipality next to us and we are not able to enforce. My understanding is, at one time we had an agreement with Coral Gables and South Miami and West Miami: Any event or any criminal activity would take place in the City ofMiami, they were able to cross and work at the other site also. Chief Orosa: We have MOUs (Memorandums of Understanding) with different municipalities that every once in a while they expire, and we bring it up to the Commission to accept a new agreement. Vice Chair Gort: Right. Chief Orosa: And -- but we still have cross jurisdictions in those municipalities. I'm not sure whether the Gables one expired and we have to renew it. I remember a couple months ago, we just renewed the one with Miami Beach. Vice Chair Gort: Super. What I'd like to see if they renewed the one with the West Miami -- Chief Orosa: Okay. Vice Chair Gort: -- and with Coral Gables, not only for the police, but Code Enforcement works out too. Thank you. Chief Orosa: Yes, sir. Chair Sarnoff You want to move it? City ofMiami Page 9 Printed on 7/8/2013 CA.4 13-00585 Department of Parks and Recreation City Commission Meeting Minutes June 13, 2013 CA.3 13-00584 Department of Parks and Recreation Vice Chair Gort: Yes, move it. Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Spence -Jones. Any further discussion? Hearing no further discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE FOURTH WEEKEND OF EACH JANUARYAS "THE LINCOLN-MARTI BOY AND GIRL SCOUTS CAMPOREE WEEKEND" AT THE CARLOS ARBOLEYA CAMPING AND PICNIC GROUNDS, LOCATED AT ROBERT KING HIGH PARK, 7025 WEST FLAGLER STREET, MIAMI, FLORIDA; FURTHER DECLARING THAT EACH FIRST JANUARY CITY COMMISSION MEETING WILL COMMENCE WITH A BRIEF OBSERVANCE OF "THE LINCOLN-MARTI BOY AND GIRL SCOUTS CAMPOREE WEEKEND". 13-00584 Summary Form.pdf 13-00584 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0213 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION VALUED AT APPROXIMATELY $45,000 FROM CONNOR SPORTS, FORA NEW BASKETBALL FLOOR AND ON -COURT SIGNAGE AT THE PROPOSED GIBSON PARK GYM LOCATED AT 401 NORTHWEST 12 STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. 13-00585 Summary Form.pdf 13-00585 Sponsorship Agreement. pdf 13-00585 Pre-Legislation.pdf 13-00585 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0211 Chair Sarnoff CA.4, Commissioner Spence -Jones is recognized for the record. City of Miami Page 10 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 CA.5 13-00589 Department of Parks and Recreation Commissioner Spence -Jones: Yes, Mr. Chairman. I just wanted to just bring notice to the fact -- I want to thank the Parks Department. This is a sponsorship from Connor Sports. This is a part of our film institute with the young people this past summer with Robert Townsend. As you know -- hopefully, you have gotten the invitations for the movie, and we'll be actually screening the movie next Sunday, and we're hoping that everyone comes out for it. But this is a perfect example of dollars that we put out into a program and seeing money come back for those dollars that we invest. So Connors [sic] is actually donating the court, the basketball court for the new Gibson Park gym as a part of their donation and support to our initiatives. And not only did they give this, but they also gave a $10, 000 contribution to support the job training program. So I wanted to acknowledge Juan, and hopefully all of that has finally worked out. I see it has. And I just wanted to let the Commission know about it. Chair Sarnoff Congrat -- Commissioner Spence -Jones: Thankyou. Chair Sarnoff By the way, congratulations. Commissioner Spence -Jones: Thankyou. Chair Sarnoff That's a fantastic gift. That's a fantastic amount of money, and that's a way of culling together parks and helping defray the costs from the citizens. Commissioner Spence -Jones: Yes. Thank you. And you're coming to the movie, right? Chair Sarnoff I'll come to the movie. Commissioner Spence -Jones: Okay, good. Vice Chair Gort: I might not be here. But ifI would have been here, I would have gone. Commissioner Spence -Jones: Okay. Chair Sarnoff All right, so CA. 4, I'll take that as a motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff We have a second by Commissioner Gort. Any further discussion? Hearing none, all in favor then, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MARCH 27, 2013, PURSUANT TO INVITATION FOR BID NO. 338289, FROM CARLON INC. D/B/A BROWARD NELSON FOUNTAIN SERVICE, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR BULK CO2 GAS ON A STAY FILL PROGRAM, 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 FROM THE USER DEPARTMENTS AND AGENCIES SUBJECT City ofMiami Page 11 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00589 Summary Form.pdf 13-00589 Award Recommendation Form. pdf 13-00589 Tabulation of Bids.pdf 13-00589 Detail by Entity Name.pdf 13-00589 Invitation for Bid.pdf 13-00589 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0214 CA.6 RESOLUTION 13-00525 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS and Recreation RECEIVEDAPRIL 18, 2013, PURSUANT TO INVITATION FOR BID NO. 362319, FOR THE PROVISION OF TRANSPORTATION SERVICES, FROM J & A HERNANDEZ CORPORATION, FOR CATEGORY 1, SCHOOL BUSES, AND FROM INTERNATIONAL LIMO OF SOUTH FLORIDA, LLC, FOR CATEGORY 2, PASSENGER VAN AND BUSES, 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. 13-00525 Summary Form.pdf 13-00525 Award Recommendation Form. pdf 13-00525 Tabulation.pdf 13-00525Addendum No. 1.pdf 13-00525 Invitation for Bid.pdf 13-00525 List of Parks & Proposed Filed Trips.pdf 13-00525 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0215 Adopted the Consent Agenda CA.7 13-00658 Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION City of Miami Page 12 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY INFINITI ASSURANCE INSURANCE COMPANY, AS SUBROGEE OF SIOMIR BORGES AND SIOMIR BORGES, INDIVIDUALLY, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $39,400.95, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL NON -BODILY INJURY CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, UPON THE EXECUTION OF GENERAL RELEASES OF ALL NON -BODILY INJURY CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 13-00658 Memo - Office of City Attorney.pdf 13-00658 Memo - Financial Signoff.pdf 13-00658 Legislation.pdf PA.1 13-00663 Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA Chair Sarnoff Okay, moving on now to the consent agenda. CA.1 -- no -- CA.7 has been taken out, right? Okay. So it's CA.1 through CA.6. Is there a motion for the consent agenda? Vice Chair Gort: I'd like to -- Commissioner Suarez: Move it. Vice Chair Gort: -- hear CA.2. Chair Sarnoff All right, well remove CA.2 for discussion. Commissioner Spence -Jones: And l just have a -- just quite small discussion on CA.4. Chair Sarnoff All right CA.4 and CA.2 will be removed for discussion. Do we have a motion on CA.1, 3, 5, and 6? Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Spence -Jones, second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE PRESENTATION REPRESENTATIVE JOSE JAVIER RODRIGUEZ, DISTRICT 112, TO ADDRESS THE CITY COMMISSION REGARDING THE 2013 LEGISLATIVE SESSION. City of Miami Page 13 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00663 Personal Appearance - Rep. Jose J. Rodriguez.pdf PRESENTED Chair Sarnoff All right, we have a personal appearance of Representative Jose Javier Rodriguez. He's right there. There he is. And Mr. Rodriguez represents -- happens to be by my area -- Brickell and whatnot. And you are recognized for the record, Mr. Rodriguez. Jose Javier Rodriguez: Thank you, Mr. Chair, Commissioners, Mr. Mayor. It's good to be here. I was here a couple months ago prior to the start of session. I appreciate -- you have a very busy agenda. I appreciate you making a couple of minutes just to again make a personal presentation. Thank you for those of you who made yourselves available. I know, Mr. Chair, you and Mr. Carollo, as well as others of you made yourselves available during the legislative session to talk about different issues. I wanted to give a brief update on a couple of different issues. I know your staff is going to give you a more full update on the legislative session that we just included. But I'll start off by just saying that live in Shenandoah, so I'm a resident of the City of Miami, but I also have the pleasure of representing District 112 in the Florida House. Just as you mentioned, it includes Brickell, Coconut Grove, but also Shenandoah, the Roads, Golden Pines, West Little Havana. And as I said, you know, I'm here to -- basically, to let you know that on a couple different issues, this was an okay year for us. For those of us who believe that education should really be the priority in the state budget, this was a decent year. This was the first year in many years where we had more state funds than the prior year. Obviously, thankfully, the economy's recovering, and the biggest beneficiary of that was our education system. The second thing I'll mention just briefly is that with respect to Citizens Property Insurance, this was the year where we held the line, and as many of you know, that is no easy task. On property insurance issues, generally, this was a year where we worked very closely as a Dade Delegation, crossed party lines, to really hold the line. There were forty -some odd bills that had to do with property insurance and Citizens Property Insurance, but specifically, one of them passed. We worked very hard to inoculate it. So there's nothing that passed that I believe would result in a direct increase in insurance rates. The third issue is, thankfully, after three years, we finally have a ban on texting and driving. It's a limited ban, but it is a ban, nonetheless. And so I just wanted to conclude by saying, once again, I invite you to reach out to my office if we can be of any help in convening some of the state agencies, some of the stakeholders on a lot of the issues that affect us in the City ofMiami, whether it's the Miami River, some of our roadways, like I know the Commissioner mentioned Brickell, but more specifically, it's not too early to get ready for next year. So for the next legislative session, for some of the budgetary items, some of the fiscal requests that we might have of the state, I encourage you to reach out, to start working early on those, 'cause as I said, it's never too early. So with that, if you don't have any questions or comments, which I'd be happy to take, I'll let you get on with your agenda. Chair Sarnoff I know you won't be here probably when we take up Brickell, but my understanding is that you do support the City jurisdictionally taking Brickell? Mr. Rodriguez: Well, so on the -- so what you're specifically talking about is an item that you're seeing today, which was deferred from your last meeting, which involves a swap of city streets so that the City ofMiami would take control of Brickell in return for the City ofMiami -- I'm sorry FDOT (Florida Department of Transportation) taking control of some cities -- some streets downtown. Chair Sarnoff Which we haven't defined those streets yet. Mr. Rodriguez: Right. City ofMiami Page 14 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Spence -Jones: Right. Mr. Rodriguez: Well, I think -- I'm not opposed to it. I think that the concept of it is a very good one. I think that there have been many proposals over the years of trying to get more local control over specifically Brickell in terms of pedestrian safety, roadway safety. I mean, it is not anywhere near where it should be. I think -- again -- and so I'm not opposed to it. And I hope to continue working on the parameters of that. I think the reason why I say I'm not opposed to it, again, is because I think it's a very good concept. I would just like to see it play out and see more information on it. But I commend you for the work you've done. I think, you know, it's not easy dealing with the Florida Department of Transportation. And so I think the work that you have done and the other city stakeholders have done in getting to this point I think is to be commended and it's excellent so. Chair Sarnoff Thank you. Vice Chair Gort: Let me tell you. Chair Sarnoff Go ahead. Vice Chair Gort: I'd like to thank you for taking the initiative to come in here and report to us and give us your report. I thank you very much. Mr. Rodriguez: Thank you. Chair Sarnoff Thank you. Anybody else have any questions? Commissioner Carollo: There is one issue that I brought to this Commission and something that I had mentioned in the past, that usually during -- it's not even before legislative session. Sometimes during legislative sessions, it just pop up, that we need to address with the Legislature. And one happened this year, which was Havana Palms. They received a lot of publicity, 'cause it's a -- it's really a sad issue, what occurred. And we passed a resolution, that I sponsored, requesting that the Division of Florida Condominiums, instead of just outright giving a green light to a condo conversion, that they would reach out to the local municipalities with regards to us -- letting us knowing [sic], being able to do our due diligence prior to just a automatic okay of any apartment building being converted into condos. I know it's not in your district, but it's very close to your district. Andl know it died in the House Judiciary Committee, which you're not a part of. But I still wanted to take this opportunity to let you know about it so maybe in the near future, we could work at it for the next session. Mr. Rodriguez: Thankyou, Commissioner. Andl am aware of the issue, andl know that it did come up this year, as you said, kind of in the middle of the legislative session which is sometimes difficult But as I understand it, I mean, it really is a -- I mean, it really should be a no -brainier, which -- Commissioner Carollo: (UNINTELLIGIBLE). Mr. Rodriguez: -- doesn't necessarily go very far in Tallahassee. But the issue of the -- of a municipality not even getting notice makes absolutely no sense, so I think that's something that, absolutely, that I'm committed to working on for next year, so. Commissioner Carollo: Thank you. Chair Sarnoff Anybody else? Thank you, State Rep. Appreciate it very much. Mr. Rodriguez: Thankyou, Mr. Chair. Thankyou. City of Miami Page 15 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff All right. END OF PERSONAL APPEARANCE PUBLIC HEARINGS PH.1 RESOLUTION 13-00492 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE EMERGENCY UTILITIES PILOT Economic PROGRAM, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND Development INCORPORATED; AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $5,000, FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DISTRICT 3 CDBG RESERVE ACCOUNT TO PROVIDE EMERGENCY UTILITY ASSISTANCE TO QUALIFIED RESIDENTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00492 Summary Form.pdf 13-00492 Notice to the Public.pdf 13-00492 Legislation.pdf 13-00492 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0223 Chair Sarnoff Okay, let's go to the PHs (Public Hearings). George Mensah: George Mensah, Director, Community Development. Commissioners, PH.1 is a District 3 item. It's a transfer of $5,000 from CDBG (Community Development Block Grant) funds to -- Chair Sarnoff Well, you know that's Franks. Mr. Mensah: Yeah. Chair Sarnoff You might want to do that -- sorry -- after he comes back. Later... Chair Sarnoff We are now up to -- Do you want to go to your items? We had a public hearing, PH.1, and then we had SR.3. Commissioner Carollo: PH.1 -- Chair Sarnoff PH.1 was the -- City of Miami Page 16 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Carollo: Yes. Chair Sarnoff -- emergency. Commissioner Carollo: Yes. Chair Sarnoff You're recognized for the record. Mr. Mensah: George Mensah. PH.1 is a resolution approving the emergency utilities pilot program and allocating an amount of $5, 000 for that particular program. Chair Sarnoff All right. Commissioner Carollo: Move it. Chair Sarnoff We have a motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Vice Chair. It's a public hearing. Anybody wishing to be heard on PH.1, PH.1, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: Thank you. And real simple. This is a way for residents in District 3 that have an emergency or they're about to either lose their utilities, or, you know, and their lights, or any form of utility that needs assistance for us to be able to help them out, a one-time deal for a maximum of $300. So I think it's a good thing. I think it's -- You know, when residents are in dire need, and they don't know where else to look for it, they can come to the City of Miami for this, so I hope that you all can approve this. Chair Sarnoff All right. I opened up the public hearing, right? Okay. So, Madam City Attorney, it is an ordinance. Mr. Mensah: No. Victoria Mendez (Deputy City Attorney): It's a resolution. Chair Sarnoff Oh, it's a resolution. I apologize. Vice Chair Gort: Resolution. Chair Sarnoff Great. All in favor, please say "aye. The Commission (Collectively): Aye. PH.2 RESOLUTION 13-00493 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") Economic FUNDS IN THE AMOUNT OF $30,000, FROM THE DEPARTMENT OF Development COMMUNITY AND ECONOMIC DEVELOPMENT CDBG ECONOMIC DEVELOPMENT RESERVE ACCOUNT TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES, SPECIFICALLY FOR THE REHABILITATION OF City of Miami Page 17 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 THE PROPERTY LOCATED AT 6114 NORTHWEST 7TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00493 Summary Form.pdf 13-00493 Notice to the Public.pdf 13-00493 Pre-Legislation.pdf 13-00493 Legislation (Version 2).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-13-0220 Chair Sarnoff Let's go to PH.2. George Mensah (Director, Community Development): Okay. PH.2 is the allocation of $30, 000 from CDBG (Community Development Block Grant) funds to Martin Luther King, Jr. Business Center for public facilities and improvement. 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? Hearing none -- Vice Chair Gort: Public hearing. Chair Sarnoff Oh, you're right. I apologize. This is a public hearing. Public hearing on PH.2. PH.2, anyone wishing to discuss or be heard on PH.2, please step up. Hearing none, seeing none, coming back to this Commission. We had a motion, we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 13-00620 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FROM THE DISTRICT 4 ECONOMIC DEVELOPMENT LOAN PILOT PROGRAM ACCOUNT IN THE AMOUNT OF $28,000, AND THE ALLOCATION OF SAID FUNDS TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC. ("CAMACOL"); AUTHORIZING THE ALLOCATION OF DISTRICT 4 CDBG RESERVE ACCOUNT FUNDS IN THE AMOUNT OF $102,000 TO CAMACOL, FOR A TOTAL ALLOCATION OF $130,000, TO CAMACOL FOR ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO City of Miami Page 18 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00620 Summary Form.pdf 13-00620 Pre-Legislation.pdf 13-00620 Legislation.pdf 13-00620 Exhibit 1 SUB.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0221 Chair Sarnoff PH.3. George Mensah (Director, Community Development): PH.3 is a transfer of CDBG (Community Development Block Grant) funds in the amount of $80, 000 to CAMACOL (Latin Chamber of Commerce) for economic development activities in District 4. Chair Sarnoff All right. Is there a motion on PH.4 [sic]? Commissioner Suarez: Yes, Mr. Chair. I'm going to move it, butl'd like to amend it before that to increase it from 80,000 to 130, 000. Vice Chair Gort: Second. Chair Sarnoff All right. As amended, Mr. Seconder; as amended? Willy, as amended? Vice Chair Gort: Yes, yes. Chair Sarnoff Okay. All right. We have a motion now as a -- Is it modified or do you want to call it -- modified 80,000 -- 80 to 130. ToddB. Hannon (City Clerk): Yes, sir. Chair Sarnoff Okay. Anyone wishing to be heard on PH.3, PH.3, please step up. Public Hearing 3 is CDBG dollars to CAMACOL. Hearing none, seeing none, coming back to this Commission. All in favor, please say "aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 13-00624 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BRAMAN BMW, A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE City of Miami Page 19 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-00624 Summary Form.pdf 13-00624 Notice to the Public.pdf 13-00624 Legal Description.pdf 13-00624 Report of Proposed Record Plat - Braman BMW pdf 13-00624 Legislati on. pdf 13-00624 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-13-0222 Chair Sarnoff Okay, PH.4. Nzeribe Ihekwaba: Good afternoon. Nzeribe Ihekwaba, Public Works director. PH.4 is a resolution of the City Commission to accept the final plat of Braman BMW (Bavarian Motor Works) from 2060 Biscayne Boulevard, T,T C (Limited Liability Company), and further, to authorize the City Manager to execute the related documents for the recordation of the final plat, as well as approving, recording the same in the public records of the County. Chair Sarnoff All right. Is there a --? Vice Chair Gort: Move it. Chair Sarnoff We have Commissioner Gort -- Commissioner Suarez: Second. Chair Sarnoff -- Vice Chair moving, second by Commissioner Suarez. Public hearing is now open. Anyone wishing to be heard on PH.4, PH.4, please step up. Hearing none, seeing none, coming back to this Commission. Any further discussion, gentlemen? Hearing -- Vice Chair Gort: By the way -- Chair Sarnoff You're recognized for the record. Vice Chair Gort: I have to state my congratulations to you, what you guys are doing in that area there. The whole area is improving quite a bit. It's changing completely. I went by yesterday and this is a great move. Chair Sarnoff Agreed. The CRA (Community Redevelopment Agency) is actually working out pretty well, aren't they? Vice Chair Gort: Yes. Chair Sarnoff All right. Vice Chair Gort: I can see the impact. Chair Sarnoff Any further discussion, gentlemen? Hearing none, all in favor, please say City of Miami Page 20 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 "aye. The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 13-00359 District2- ITEM TO BE DEFERRED INDEFINITELY Commissioner Marc David Sarnoff AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS', SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS, WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES, THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND ADDING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00359 Legislation (Version 5) SR.pdf Motion by Commissioner Spence -Jones, 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 SR.1 was deferred to the July 25, 2013 Commission Meeting. SR.2 ORDINANCE Second 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 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/SR.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13391 City of Miami Page 21 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Okay, second readings. Actually, it's you again, Commissioner Suarez. Would be SR.2. Commissioner Suarez: I already got (UNINTELLIGIBLE). Chair Sarnoff Move on. We'll go to SR. 3. That's Frank. Commissioner Suarez: No, SR.2 is mine. Chair Sarnoff Sorry. I thought you were going to be -- Commissioner Suarez: No, no, I'm good. Chair Sarnoff Okay. Commissioner Suarez: Thank you. Chair Sarnoff Go ahead. Chair Sarnoff Thank you, Mr. Chair, again. SR.2, we've discussed -- obviously, this is a second reading, and this is essentially reducing the amount of a permit fee for a building that is $2, 500 or less; improvements that are $2, 500 or less, like swapping out a door or doing -- redoing a toilet. We found that in certain circumstances, the -- you know, the myriad of fees that you had to pay was actually greater than the toilet, itself. And so what this does is it consolidates it into one fee. It reduces it by about 66 percent. It also -- you know, we're hopeful that we can eventually get it online so that the Building Department doesn't have to deal with these kinds of small issues, so they can deal with a lot of the bigger permits that they're dealing with right now in what is a second, you know, construction renaissance. So I appreciate the Commission's support on first reading, andl move it for second reading. Chair Sarnoff All right. We have a motion. Vice Chair Gort: Second. Chair Sarnoff Second by Vice Chair. Anyone wishing to be heard on SR.2, SR.2 , you're recognized for the record. Oh, it's Mr. -- Peter Iglesias: Peter Iglesias, Building Director. Chair Sarnoff I (UNINTELLIGIBLE). Mr. Iglesias: Yes, we concur with the approval of the ordinance. It should really simplf -- Chair Sarnoff Every time I look up, I always expect to find two heads and there's only one. I'm just teasing, Mr. Iglesias. Mr. Iglesias: I know. Vice Chair Gort: Mr. Chairman. Mr. Iglesias: I think it's great for small projects. I think it'll be much simplified permitting procedure, andl think concurrence will be better. Chair Sarnoff Okay. Anyone from the general public wishing to be heard on SR.2, SR.2, please step up. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it City of Miami Page 22 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. SR.3 ORDINANCE Second Reading 13-00598 District3- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Frank 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Carollo ENTITLED" PLANNING AND ZONING", MORE PARTICULARLY BY CREATING ARTICLE XV, ENTITLED "GROUP HOMES", IN ORDER TO STRENGTHEN MUNICIPAL OVERSIGHT MEASURES AND CODIFY THE INSPECTION ACTIVITIES TO BE PERFORMED BY THE PLANNING AND ZONING DEPARTMENT WITH REGARD TO ASSISTED LIVING FACILITIES, COMMUNITY RESIDENTIAL HOMES, ADULT DAY CARE CENTERS, ADULT FAMILY CARE HOMES, TREATMENT FACILITIES, OR SIMILAR GROUP HOMES, PURSUANT TO FLORIDA STATUTES CHAPTERS 419 OR 429, AS AMENDED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00598 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13393 Chair Sarnoff And now we're on SR.3. You want to do that one? Commissioner Carollo: Yeah. Give me a second. I think SR.3 is the ALFs. Chair Sarnoff Brickell. Commissioner Carollo: Yes. Chair Sarnoff You're recognized for the record. Commissioner Carollo: Thank you. This is an ordinance that strengthens the municipal oversight measures on group homes and all ALFs (Assisted Living Facilities). As you recall, on first reading, County Appraiser Lopez Cantera came to speak in favor of this. Also, I think the Mayor spoke in favor of it, Commissioner Suarez, others. I also had various homeowner groups citywide speak in favor of this, andl had also encouraged everyone to read the excellent series written by the Miami Herald, titled "Neglected to Death," which described the deplorable conditions at some of these ALFs. And not to be redundant, from first reading, what this ordinance does is helps with the safety of some of these vulnerable residents and, at the same time, you know, addresses safety concerns of the neighborhoods. Pretty much, it stipulates that during the initial application process, there will be a healthy verification process to make sure City of Miami Page 23 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 SR.4 13-00602 District 2- Commissioner Marc David Sarnoff that all of the facilities are in compliance with all regulations, and in addition, it will incorporate that there be a yearly compliance review to make sure that they remain in compliance and abide by all the application -- applicable regulations. You know, this is something that we worked on real hard. It took many, many weeks. I'd like to thank Victoria Mendez, that -- you know, from the Legal Department -- that helped out a lot; Francisco Garcia from -- Planning director; various member of the Police Department; also, Orlando Diaz from Code Enforcement; obviously, the City Manager that was in all the meetings, andl appreciate that, as well as various homeowner groups -- I see the Roads Association there; numerous neighbors, Maria Viviano Cruz; Hugh Rind. There was numerous people that we reached out to. So I think that it's a very good ordinance, andl would appreciate your support. Thank you. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Carollo [sic], second by the Vice Chair. This is an ordinance. Public hearing. Anybody wishing to be heard on SR.3, SR.3, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Gort is recognized for the record. Vice Chair Gort: Question: My -- supervising, I understand, is going to be done by the State and by the City; am I correct, to make sure that regulations are being followed? Who within the City is going to be doing that? Johnny Martinez (City Manager): Code Enforcement is going to be going to the field and verfing. Vice Chair Gort: Okay. All right. I just wanted to know. Chair Sarnoff All right. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. ToddB. Hannon (City clerk): Roll call on Item SR.3 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Sarnoff All right. We're into the REs (Resolutions). Commissioner Carollo: Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL" MORE PARTICULARLY BY ADDING A NEW SECTION 54-2, ENTITLED "OBSTRUCTION OF FREE PASSAGE ON SIDEWALKS, ETC."; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00602 Legislation FR/SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 24 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones SR.5 13-00068 Department of Planning and Zoning 13392 Chair Sarnoff Let's try SR.4. We'll try to leave as much as we can for Commissioner Carollo when he gets back. I think this group home is his. SR.4. SR.4I'll take, mainly because I'm the one promoting it. This is a ordinance on second reading for obstruction of free passage on sidewalks. This, of course, would still be subject to Pottinger as it stands, so Pottinger would still prevail. However, if you were not homeless, you could not obstruct the sidewalk. And maybe someday, we'll be able to amend Pottinger, that if you are homeless, you still can't obstruct that sidewalk. So, Commissioner Gort, would you do the honors of moving? Vice Chair Gort: I'll move it. And the reason I move it, this is an ordinance that we had before. I think it was removed maybe about five years ago, because something that happened in downtown Miami, but I think we had it always on the record. People cannot block the public right-of-ways [sic]. Chair Sarnoff That's correct. All right, we have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Commissioner Suarez: Sorry. Chair Sarnoff It is an ordinance, SR.4. Anyone from the public wishing to be heard, SR.4? Hearing none, seeing none, coming back to this Commission. Any discussion? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item SR4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING SECTIONS 62-602, 62-604 AND 62-606, WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA, ATTACHED AS "EXHIBIT A", TO INCLUDE ADDITIONAL AREAS WITHIN THE DESCRIBED CITY OF MIAMI URBAN CORE FOR THE PLACEMENT OF MURALS AND TO MIRROR THE MIAMI-DADE URBAN CORE MAP AMENDMENT, ATTACHED AS "EXHIBIT B"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 25 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00068 Summary Form SR.pdf 13-00068 Legislation (Version 2) SR.pdf 13-00068 Exhibit 1 FR/SR.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, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo 13390 Chair Sarnoff All right, we're back on the record. I believe the first thing we were going to do, Commissioner, 'cause you're leaving, is the mural issue, which is SR. 5. Commissioner Spence -Jones: Yes. Andl believe it's really an Administrative issue. I know that we have -- went back and forth in my office regarding this issue. I've talked to both sides, andl understand what the issues and the concerns are. Andl think that we've come up with a positive solution to the issue, but Alice, I'm assuming, is going to officially put something on the record so we can address this issue and move on. Alice Bravo (Chief of Infrastructure): Good afternoon. Alice Bravo, assistant City Manager. SR. 5 is the ordinance amending the mural boundary as stated in Section 62-602 and 62-606. And this provides for an adjustment to the urban core boundary to match the boundary in place as approved by Miami -Dade County Ordinance Number 12-09. Andl believe there's some members of the community that are located in these areas that would like to address the issue. Chair Sarnoff All right. So let me -- that's the presentation by the Administration? Okay. So let me open up a public hearing. Ms. Dougherty, you're recognized for the record on SR.5. Lucia Dougherty: Thank you, Mr. Chairman, members of the Commission. Lucia Dougherty, 333 Avenue of the Americas, here on behalf of property owner that desires to put a mural in one of your expanded boundaries. One of the -- because we're one of the very first ones, we want to put on the record that we want to proffer a community support agreement where we'll be landscaping and doing some art work around the neighborhood as well. One of the things that Commissioner Spence -Jones says at the last Commission meeting, that she wanted more transparency, more notice to the neighborhoods so that they would know what was happening. So what we did is -- or what the Administration did was to amend the ordinance to require notice to all the neighborhood associations, the NET (Neighborhood Enhancement Team) offices, and to the district Commissioner. So that way, anybody who has a issue can come to the Administration and can come to the Planning Department and say, you know, we, you know, have an issue with a particular sign at a particular location. Commissioner Spence -Jones: And we would have an -- they would have an opportunity to be heard, correct? Ms. Dougherty: They would. Chair Sarnoff And can I just say something, because this is an issue I have. If you give notice, it means it's noticed for a reason. And if we're expanding the mural boundary and we're saying murals belong here, which is a policy decision, and then you give us the opportunity to complain about something, you're going to get into content. When you get into content, you're going to be into the First Amendment. When you're in the First Amendment, you're going to be personally liable through the obstruction or the promotion thereto. So, you know, I'm going to tell you, I can't support being on notice. It -- because it -- it's -- I don't want to say it's the devil's City of Miami Page 26 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 workshop, but either it's a permitted use or it's not a permitted use. Commissioner Spence -Jones: So, again, it is expanded in District 5, and I'm asking -- beyond my existence, I think it's important to give that district Commissioner that's sitting in the seat the opportunity to have a voice in the matter. So this is an expanded boundaries into the District 5 area, so that is my recommendation, or I support the recommendation that has been made by the individual from the staff and also from the individuals that are coming in front of us regarding this issue. Ms. Bravo: Right. Commissioner Spence -Jones: So I don't -- I mean, I respect the Chairman's viewpoint, but think it's important to allow for -- if there is a issue or concern around whether or not a mural is going up in a area and the residents want to have input, they should be able to have that, and the district Commissioner for this particular expanded area should have the opportunity to have a voice in the matter. So -- Ms. Dougherty: I -- Commissioner Spence -Jones: -- at this point -- Ms. Dougherty: Let me ask you a question. Vice Chair Gort: Question. Chair Sarnoff Let me recognize Gort. Vice Chair Gort: We're talking a specific permit or the whole area? Accepting the whole area or deny the whole area? Is that we're talking about? Is that what we're addressing? Ms. Bravo: The amendment to the ordinance before you provides for two things: An expansion of the actual boundary -- Vice Chair Gort: Right. Ms. Bravo: -- in two locations in District 5 -- Vice Chair Gort: Right. Ms. Bravo: -- to match the urban core definition as stated by the County in their ordinance. And in addition, in Section 62-604, Mural permit required; application for mural permit by a qualified applicant. "As part of the application process, we'd be adding a number 11, which states, Mural Permits shall require the Applicant notify: The abutting property owners of the New Location, the homeowner and neighborhood associations registered with the Neighborhood Enhancement Team responsible for the New Location, and the City Commissioner of the district where a Mural is proposed. "So it's merely a notice that an application has received. Vice Chair Gort: Okay. Ms. Bravo: But the application is still vetted through the existing ordinance and its requirements. Vice Chair Gort: What's the procedure to get a permit? What has been used in the other districts where people got the permits -- City of Miami Page 27 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Ms. Bravo: And -- Vice Chair Gort: -- all throughout the City? Ms. Bravo: Right. Vice Chair Gort: What's the process? Ms. Bravo: The same process would be in place where a company holding a mural permit submits an application as to the new location they would like their permit to be transferred. Vice Chair Gort: Okay. Vanessa Acosta (Special Projects): Vanessa Acosta, City Manager's office. Currently, all TUPs (Temporary Use Permits) for mural permits go through this process as an administrative issue. All of them send up notice of a new location, not of a content. So in other words, when a company moves a permit from one wall to another, notice is sent out to the NET offices, to the district Commissioner, and to the abutting property owners. All this is doing is coding the existing administrative practice. Chair Sarnoff But -- Vice Chair Gort: That's part of the code then already. Ms. Acosta: It's currently part of the process administratively, not part of the code. Ms. Dougherty: All this does is codin, what the administrative process is already. Vice Chair Gort: So I don't see a difference then. Chair Sarnoff There's a big difference, and that difference becomes what is the point of the notification? Andl don't think you --I don't think anybody sees what's going to happen down the road. Vice Chair Gort: No. I want to get to that, yeah. Chair Sarnoff Sorry? Vice Chair Gort: I want to get to that. So if a neighbor says I don't want it -- Ms. Bravo: Well, basically, in the ordinance, it spells out the requirements are based on spacing, the size, the coverage of the building. Vice Chair Gort: I've read all that. Ms. Bravo: And so the permit application is still decided based on those factors. So this practice was already in place basically to non fy someone so they weren't surprised in the area when -- if a mural was moving to that location. Vice Chair Gort: Supposedly, someone comes and says they have an objection to have it in there. Ms. Dougherty: There is an appeal process. Ms. Acosta: Yes. Twenty day -- there's a 20-day window within which anybody may appeal, City of Miami Page 28 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 based on the code requirements of spacing, sizing, lighting, and meeting the criteria of window coverage, the not -to -exceed size of 10, 000 square feet on that wall, the fact that no windows are covered, that it's going on a podium and/or a blank wall; if it is an office building and it is covering windows, that it is see -through. So the criteria are very black and white. The content issue is not something that's addressed as part of what they can appeal. Vice Chair Gort: Okay. Commissioner Spence -Jones: So -- I mean, I asked in the last hearing that there -- that at least Administration get together to come back and come up with a solution to address the concerns that had regarding the expansion. This has been done. I'm satisfied. I'm okay with them. I'm not really sure if the other Commissioners are, but I am prepared to vote on the item now. Chair Sarnoff All right. Let me finish the public hearing -- Commissioner Spence -Jones: Okay. Chair Sarnoff -- so I can get the public hearing done. Anyone else in the public wishing to be heard on SR.5, SR. 5, please step up. Judith Sandoval: Thank you. Judith Sandoval, 2536 Southwest 25 Terrace. I think you're missing the point. The point here is -- and I'm going to tell you how this came about. There are two building owners who each own a big building or are going to build one in each of these districts that are being opened up for this kind of signage for the first time. They have hired lobbyists, one who is my friend, Lucia, and someone else, to get the City to open up new zones. One is on the west of 1-95, for the first time, near Lummus Park. And yes, they're going to do nice landscaping and all that. But we should not be expanding districts where murals can go. In this palliative thing of Oh, the neighborhood can appeal'and they can make a complaint'L- I am here 10 years talking before this Commission, because all of that stuff doesn't work. The onus should not be on the neighborhood and the people who have to look at the murals lit up right in their faces, in front of their windows. You should not okay this. You should deny it. Andl think that if Francis were here, my Commissioner, I think he knows that my neighborhood would object. Because you approve this and then the next guy that wants a mural on his building because he's going to make money on it, then they'll go somewhere else. Leave them where they are now and do not expand it. Find some other way for these people that own these buildings to make money and for the City to make money getting rent for these murals. That's what I have to say. And I'm speaking -- Peter Ehrlich was going to speak, but he unfortunately was delayed for a scenic Miami -Dade. Thank you. Chair Sarnoff Thank you. Vice Chair Gort: Thank you. Chair Sarnoff You're recognized for the record. Grace Solares: Thank you. Grace Solares, 50 Southwest 30th Road. If this matter is going to pass, I think the requirement that Commissioner Spence -Jones is asking that be put on the record is very important. And the reason why, when you said, if a neighbor asks, "Well, I don't want it," it's just simply I don't want it. We don't come here mere because, gee, I really don't want it. There's always a reason. I've hired experts in my neighborhood that actually rebut Lourdes Slazyk on the 1, 000 feet for a mini -warehouse, and we won because the City was wrong. So that's -- it's very important, the notice, so that the people can come here and say, "Gee, you know, one day you granted this thing. The thousand feet, for example, didn't meet the requirement. It's less or something or whatever." So that's why the reason of the notice is very important, and agree with it. Thank you so much. City of Miami Page 29 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Vice Chair Gort: Thank you. Commissioner Spence -Jones: And let me just be clear. I have, from day one sitting up here, have never had an issue with billboards or murals or -- that's never been my fight. So for me, it's always about making sure that there's something that goes back into the community. And to my understanding, that's the reason why this item has not been voted on. I wanted to make sure -- 'cause there was some sort of benefit that comes back to the community, andl'm assuming that's what the Administration was able to work out. Now, beyond that, I thought that it was still important, because there have been people that have voiced their concern regarding the issues of murals and billboards and all of that. I think that if we are expanding it -- andl'm not expanding something that's not already been expanded by the County. The County has already done it. All we're doing is really agreeing to something the County's already voted on. So my only issue and concern, I wanted to make sure -- I know we spoke about one particular parcel. Is there anything else that needs to be put on the record regarding this issue as well, 'cause I want to make sure we keep it all out there? Chair Sarnoff You're recognized for the record. Felix Lasarte: Good afternoon, Mr. Chairman. Felix Lasarte, with offices at 3215 Northeast 1st Avenue. I have various clients that own properties in one of the proposed areas, in the Lummus Park area that's part of this expansion, and we support it. We're trying to work with some of the local parks and local Kiwanis clubs to try to do something for the area. You know, the Lummus Park area is an area that I think is an area that's in transition. It's one of the last areas in downtown that is -- it's kind of lagged behind in redevelopment. This program, I think, is going to spur a lot of economic development in the area and improvement in the buildings. I know some of my clients have actually started to tear down and construct new buildings so -- after they've bought this property. So we're supportive of what the City wants to do, sir. Chair Sarnoff Okay, thank you. Anyone else from the public wishing to be heard on SR.5, SR.5, please step up. Hearing none, seeing none, coming back to this Commission. Any further discussion? Commissioner Spence -Jones: I think that Administration -- I just want to make sure that we're clear on -- thank you very much for the last comment. I understand that it's going to support things happening in the Lummus Park area, but I just want to be clear. One of the main things that we have talked about -- I know that you guys have briefed me on. Lummus Park is in the area where -- unfortunately, I lost a lot of it. Not saying anything against horses. I love the horses. The horses are awesome. And I'm glad that the Police Department is here. But a lot of the neighborhood children in that area have no additional space because of the horses. We don't want to get rid of the horses. But this would hopefully allow for us to have more space for the kids to play and other things to do in that particular community. Ms. Bravo: Yes. And it's my understanding that the gentleman that just spoke, that will address an after -school program for the kids -- the residents in the neighborhood. Commissioner Spence -Jones: Okay. Chair Sarnoff All right. Any -- Commissioner Spence -Jones: I already moved it. Vice Chair Gort: Second. Chair Sarnoff It's done. I'm asking if anybody else want any more discussion. City of Miami Page 30 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Spence -Jones: Oh, okay. Chair Sarnoff All right, Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Your roll call on Item SR.5. Commissioner Suarez? Chair Sarnoff Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff No. Mr. Hannon: The ordinance passes on second reading, 3-1. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 13-00587 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE II/ SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR/ CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN ADJACENT PROPERTY IS IMPROVED BY CONSTRUCTION OF $100,000 OR MORE IN VALUE OR EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION"; BY REMOVING THE REQUIREMENT OF CONSTRUCTING OR RECONSTRUCTING STREETS AND SIDEWALKS WHEN A BUILDING OR PARKING FACILITY IS BEING REMODELED, RENOVATED AND REPAIRED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00587 Summary Form SR.pdf 13-00587 Legislation (Version 2) SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Sarnoff Okay, SR.5 we did. We have some first reading ordinances. FR.1. City of Miami Page 31 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Nzeribe Ihekwaba: Good afternoon. Nzeribe Ihekwaba, Public Works director. FR.1 is an amendment to the City Code Section 54-56 in order to streamline the code requirements and delete certain requirements to construct street improvements, including sidewalks, curbs and gutters, pavement, modifications to existing drainage system and sodding, specifically by deleting the requirement for remodeling, renovation and repair. What this ordinance does is that it requires developers and property owners that are engaged in new construction, additional construction or reconstruction to be obligated to make improvements on the public right-of-way if such development is more than $100,000 in value or 1,000 square footage in floor area. There is an amendment on the title of the ordinance. It should read "$100, 000. " It's missing one zero. Chair Sarnoff All right. Is there a motion on FR.1? Vice Chair Gort: Move it. Chair Sarnoff Motion -- Commissioner Suarez: Second. Chair Sarnoff -- by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. It's a public hearing. Anyone wishing to be heard on FR.1, FR.1, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item FR.1. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. FR.2 ORDINANCE First Reading 13-00626 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE WIDTH OF NORTHEAST 15TH STREET FROM NORTHEAST 2ND AVENUE TO NORTH BAYSHORE DRIVE NORTHWEST/NORTHEAST 10TH STREET City of Miami Page 32 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 FROM THE FLORIDA EAST COAST RAILWAY TO NORTHEAST 2ND AVENUE AND NORTHWEST/NORTHEAST 11TH STREET FROM THE FLORIDA EAST COAST RAILWAY TO NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00626 Summary Form SR.pdf 13-00626 Memo - Reduction of Zoned FR/SR.pdf 13-00626 Legislation FR/SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Chair Sarnoff FR.2. Nzeribe Ihekwaba (Director, Public Works): FR.2 is an ordinance amending Chapter 54 of the City Code entitled "Streets and Sidewalks," in Section 54-190, by adjusting the zone right-of-way widths by reduction, especially for Northeast 15th Street from 2nd Avenue to North Bayshore Drive; for Northwest and Northeast 10th Street from Northwest 1st Avenue to 2nd Avenue; as well as from Northwest and Northeast llth Street from FEC (Florida East Coast) Railway to Northeast 1 stAvenue. Most of these right-of-ways [sic] were previously increased in the zone widths, but physical obstructions and the limitations in the field does not (UNINTELLIGIBLE) maintaining these zone right-of-ways [sic]. It is the recommendation of the City Administration to adjust the right-of-way, which that was to standard City streets from Northwest llth Street and Northwest/Northeast 10th Street and also to return Northeast 15th Street from 80 feet to 60 feet. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. This is a first reading ordinance. Is there anyone who wishes to be heard on FR.2, FR. 2? Hearing none, seeing none, coming back to this Commission. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Todd B. Hannon (City Clerk): Roll call on Item FR.2. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on first reading, 3-0. END OF FIRST READING ORDINANCES City of Miami Page 33 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RESOLUTIONS RE.1 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. 13-00314 Summary Form.pdf 13-00314 Legislation.pdf 13-00314 Exhibit 1.pdf RE.2 13-00618 Motion by Commissioner Spence -Jones, 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 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner Marc PURCHASE AND RESERVATION OF FIFTEEN (15) SHELTER BEDS AT David Sarnoff COST OF $33, PER BED PER DAY, FORA PERIOD OF ONE (1) YEAR AND FOUR (4) MONTHS, FORA TOTAL OF $240,297.75; ALLOCATING FUNDS FROM THE PROJECTED FISCAL YEAR 2012-2013 BUDGET SURPLUS, SUBJECT TO THE AVAILABILITY OF FUNDS AND THE CONCOMITANT PURCHASE OF EIGHTY-FIVE (85) SHELTER BEDS WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI BY THE MIAMI-DADE HOMELESS TRUST; URGING THE MIAMI-DADE HOMELESS TRUST TO PURCHASE AND RESERVE SAID SHELTER BEDS IN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE HOMELESS TRUST. 13-00618 Legislation.pdf 13-00618-Submittal-Commissioner Sarnoff.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Spence -Jones City of Miami Page 34 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 R-13-0216 Chair Sarnoff All right, I said that I would bring up RE. 10 at 10 o'clock. It is 10 o'clock. RE. 2, excuse me. RE.2 is the shelter bed proposal. And what am proposing is that we in the City of Miami provide 15 shelter beds if the Homeless Trust would fund 85 beds. As you all know, the City ofMiami, through the DDA (Downtown Development Authority), is pursuing a multifaceted approach to deal with one of the most difficult issues facing our community, providing humane treatment for the homeless within existing regulations while affording reasonable safeguards to Miami residents and visitors. All of the residents of the City ofMiami deserve the protection and benefit services that are a part of a society that government provides. City residents and workers, business owners, and homeless alike share in these benefits and in these services. In Miami -Dade County, the homeless receive additional protections created in the 1998 settlement of a lawsuit. We all so colloquially call it here Pottinger. In 1998 there were an estimated 6,000 homeless in Miami -Dade. The resolution of the case, as I said before, was Pottinger. It was a key component in creating a homeless assistance program that has been held as a national model, and it should be. Under Pottinger, as you all know, homeless cannot be harassed by police. They cannot be arrested for life -sustaining activities, such as defecating, urinating on the streets, taking naked baths, starting fires for warmth, blocking private property, and this has been going on in the City for over a decade. In that sense, Pottinger clearly has not worked for these chronic homeless. And without different solutions, we cannot expect different outcome. I think it's best been said: Isn't the definition of insanity doing the exact same thing and expecting a different result? So the Homeless Assistance Trust, created through the work of the Governor's Commission on Homeless, administers the proceeds of food and beverage tax that collects approximately 16 million a year for homeless issues, along with money from the United States Department of Urban Development, grants, and private donations. Our calculation, candidly, is 49 million a year. However, the Herald reported 52 million a year. Maybe that three additional million dollars would help fund what we're suggesting that they do. It works with 26 agencies that provide services to the homeless. The combined efforts have been successful. As you all know, the number of homeless has dropped to 500 in the City ofMiami, 350 of them downtown. But these numbers remained chronically unchanged for over a decade. Those left on the street are, typically, as I described a moment ago, chronic homeless, who refuse help due oftentimes to mental illness or long-term drug abuse. And therein lies the unintended consequences. A homeless population is vulnerable to predators who steal their meager possessions. Homeless women constantly fear of being raped. On the other hand, Pottinger gives protection to homeless and impunity to break laws that everyone on this dais, the people in the audience must abide by. And in doing so, it, in part, infringes on the rights of those who obey the law. Under the Pottinger settlement, there must be a guarantee of an open bed at a shelter before a police officer can approach a homeless person to move. Many beds and shelters within the City of Miami are funded and reserved and not used -- funded, reserved, and not used -- by other municipalities throughout Dade County. Additionally, there are more than 100 beds available, and shelters, but those beds go unused because they are unfunded. Now, I want to show you just for the camera and just for our Commissioners, these are the beds that are presently unused. This is a shelter bed. A shelter bed is -- by definition at page 6 in Pottinger, cannot come with any mental health or opportunities for drug rehabilitation. Mandatorily, it cannot have that. An emergency bed comes with those protect -- those opportunities. So while it may be the homeless shelters position that they're only going to fund emergency beds, the result of which is -- this was last Thursday, a week ago -- people sleeping on the sidewalks. So nobody here is suggesting we shackle a person to a bed, but we're equally not suggesting we shackle a person to a sidewalk. And while I don't know what the Trust's position will be, this particular motion is predicated upon them paying 85 beds; City ofMiami paying for 15 beds. What that does is it lifts Pottinger's restrictions, because once a shelter bed becomes available, that person can no longer do a life -sustaining activity, because a shelter bed becomes available. Every other muni -- not every other. Many of the municipalities in Miami -Dade County have employed this strategy, except for the City ofMiami. We simply haven't employed the strategy, and it is a bit of irony because almost all the shelter beds exist within the City ofMiami. So we're calling upon the City ofMiami Page 35 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Trust to fund 85 beds. We're not a poor partner. We're a good partner. We're willing to fund 15 of those beds so we can actually help 100 souls come out from doing this on a Thursday night, which, as you all remember, was a pretty rainy night. This is essentially Macy's, I guess they call it -- yeah, I guess it's called Macy's now. And they sleep wherever and however they can. Again, we're not shackling them to a bed. We're simply providing them a shelter bed. And I'm going to have Dr. Ahr, of Camillus House, describe what a shelter bed really does provide versus what people claim it provides. But we're equally not asking where were these people in December 12, December 11, December 10, December 9, December 8, December 7, December 6? They were on the street. And if we don't change anything now, guess where they will be in December 13, December 14, December 15, December 16? We don't make a change, these 350 people will remain just where they are. So with that, I'm going to give Dr. Ahr the opportunity to describe what is a shelter bed at Camillus and how does it work, because there's been some statement that it's nothing more than a bed, but it's -- I think it's a lot more, Dr. Ahr. Vice Chair Gort: And a storage for the homeless. Chair Sarnoff Correct. And -- yeah, all we're doing is storing the homeless or warehousing the homeless. Vice Chair Gort: Warehousing the homeless. I want to make sure you provide all those services (UNINTELLIGIBLE). Paul Ahr: Good morning, Commissioners. Paul Ahr, doing business at 1603 Northwest 7th Avenue. And thank you for this opportunity. I want to talk about four terms today. The first term I want to just talk about is this term "warehousing." Warehousing is a pejorative term used appropriately 50 years ago to describe conditions in state mental hospitals, probably in prisons also. I know about warehousing. When I was the director of the state mental health agency in Missouri in the '80s, we cleared up the last vestiges of warehousing. Warehousing has been bandied about in the press here in relationship to the homeless, but part of the paradox of that is I know of no entity, especially Camillus House, that practices warehousing. Warehousing basically presumes that there's a bed, a shower, a meal, maybe a change of clothes, and that's it. Again, I know of no entity that proposes it. I know of no entity that has it funded. And so I think that it's a -- kind of a straw man to talk about warehousing. I will say that when I came to Camillus House in 2004, there was a program of overnight shelter, without case management, where people could come in seven days in a six-month period for a night off the street, a shower, and a meal. We discontinued that program in 2007 and replaced it with a program that we called the Courtyard, which meant -- which many of you are familiar. We didn't have any more bed capacity, so we put down mats, and the CRA (Community Redevelopment Agency) built for us a pavilion -type structure to help house those individuals on the mats. One of the key elements of that program -- andl would certainly suggest it for any similar program -- is that we discouraged persons who were homeless to go out on the street during the daytime. We had sufficient activities that the bulk of them stayed on site all day and all night. There was a curfew. I think it was set for 10 o'clock, and they were basically inside all night. So warehousing, to me, is inappropriate in this discussion, not only because it's not a humane practice but also, it's not a practice here in town. I'd like to substitute a different construct, which I think is a little more -- something that folks would be prouder to be involved in, which is the concept of refuge, a term that goes to the middle ages, and it talks about taking individuals and providing them a safe, secure environment with sufficient housing controls, meals, showers, and all the rest, as a humanitarian gesture. But even beyond that, I think that we need to talk about the two terms oftentimes used interchangeably, really, to the disservice of the discussion. An overnight shelter, by its very definition, as the Chairman has pointed out, is essentially an overnight program where the only service that's provided and expected is a bed, probably accompanied by a meal. Andl want to say that any program that provides a bed and a meal is going to address the issue of street feeding also, because those are individuals who will not be lining up at the Rescue Mission, who's been overwhelmed since Camillus left downtown with the street feeding. But it's City of Miami Page 36 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 essentially a bed, a meal, maybe a breakfast, a shower, maybe a change of clothes. As I said, we operated that program. It was not solving the problem. What we instituted, beginning in 2007, was a program limited to mats because of space, but provided these components, which I strongly recommend that any discussion include them: A bed, three meals a day, case management focused on getting that person a break, his or her personal cycle of homelessness, psychiatric intervention when necessary, medical care, activities that keep them within the facility during the daytime and in the evening hours; and generally, the other services that we would -- have provided over the years for people living on the street: A shower, change of clothes, mailroom, and all the rest. So a comprehensive program, whether the person stays for one night or, in some of the cases that we had in our original Courtyard program, people were there for months and years. Now, once we define shelter in -- overnight shelter in those terms, we've actually shifted the term, and we've now described emergency beds, because that's -- what differentiates a shelter from an emergency bed is that the emergency bed essentially is providing case management focused on helping that person break their personal cycle of homelessness. I would say the only real difference between the overnight shelters that described and the emergency beds as considered in this community under the leadership of the Homeless Trust is the expectation that that person will move out of the homeless situation within 60 days, perhaps as long as 90 days. Andl should say that we have two programs that have been funded recently by the Homeless Trust for emergency shelter: One for individuals who were chronically revolving through the various -- I'm sorry -- emergency beds for those revolving through the various facilities: Us, Rescue Mission, Salvation Army, Chatman, and another one for those who were frail or elderly or otherwise have got physical challenges. Again, the expectation on us is that they would be promptly placed out in the community. Now, just for the record, you folks all have contributed to the -- really, the development of a fabulous facility for Camillus House. And currently, of the 340 bed capacity, we still have 144 beds for which we're seeking funding so that not counting the capacity controversial, our grief for additional mats which we could house 100 folks more, but there is capacity at Camillus House. And my understanding is, is the Homeless Trust has recently done an inventory of available emergency beds and that those numbers -- I haven't seen them, but that there is a sufficient capacity to address their own strategy to add 70 emergency beds, probably available beginning in October. So I'd be happy to answer any questions that you might have about how this kind of all works on the street. I need to remind you folks that prior -- for the Courtyard program, which was designed for between 40 and 60 folks, who were the chronic -- I should probably define chronic in a minute -- chronically mentally ill and chronic homeless that were living on the street in front of the original Camillus up until -- at -- in 2009 until the HINT Scare came and we were advised to reduce our census. We had 280 people who were residing in Camillus House; 250 of them on mats and 30 of them in beds in the old shelter. Every one of these people was there voluntarily. At one point, we did offer Officer Bernat, I think, the capacity for three clients. Let me say that if there's any consideration, whatsoever, about having a larger program than that dealing with essentially involuntary placements, this calls for a much different model than we had, not that it can't be developed, but we were able to accommodate 280 people. And our rules were basically, you had to be over 25 and that, essentially, you had to reside in Miami -Dade County for at least six months. So these were not transients. These were not people sent over from the bus stop. The last term I should probably define is what do we mean by "chronically homeless." Chronically home -- the person is considered chronically homeless, according to the federal definition, if they meet two criteria: One is the criterion of duration, and the second one is the criterion of disability. By duration, the person has to be homeless for a year or longer or have four episodes of homelessness in three years; could be interrupted by jail or hospital stay, SRO (Single Room Occupancies); somebody gets a day job and gets a few nights that they can have in an SRO, live with friends or family temporarily. That's the duration criterion. The disability criterion, which is the key element in terms of defining chronically homeless, have to have a disabling condition. So they have to have diagnosable mental illness, a substance abuse problem, either drugs or alcohol; they need to have a physical disability, a recurring medical problem, or HIV (Human Immunodeficiency Virus) AIDS (Acquired Immunodeficiency Syndrome). So when we're talking about chronic homeless, we're talking about both criteria. There is certainly another category of City of Miami Page 37 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 people who are street homeless that meet the duration criteria. In other words, they've been on the street a long time. But the term "chronically homeless," when we use it, when it's used in the industry, really deals with both criteria of duration and disability. Chair Sarnoff All right. Any questions? You're recognized for the record, Commissioner Gort. Vice Chair Gort: I have to tell you, I go back about 20 years with this problem. When I was the president of Downtown Miami Business Association, this is one major problems that we had. Andl was an elected official in '93 when we made the motions and approved the Homeless Trust to have this site on Miami Avenue and 15th. I think they've done a great job. But one of the problems that have -- a lot of people don't realize this. The problem that exist in other municipality, what they do is they rent space within the City ofMiami. So what happens is they'll pick them up in whatever other municipality and they come and drop them off at the City of Miami, andl don't believe it's fair. I think the City ofMiami have suffered enough with the enlargement and the -- Dade County. We can see what the expressway has done to our neighborhood, 1-95, 112, and 326 [sic]. So the expansion ofMiami-Dade County has been a critical to the City ofMiami. And we continue to receive all the homeless and a lot of the problems that we have today. Now, we're taking a lot of steps to move them out of downtown, but what happens is they move them to the adjacent neighborhoods. We need to take these people off the street. And understand, this is a very complex -- as you stated before, this is something we analyze. There's different type of homeless. And we need to take them off the street and give them the help necessary. I know George (UNINTELLIGIBLE). I've met with him, and I'm willing to work with him, 'cause the mentally ill need help. You can't just have a mental person on the street. I saw homeless aggressing -- very aggressive with the same homeless. They victim of themselves. So this is something we really have to deal with. The whole -- everyone that deal with homeless somehow has got to come together and come up with a comprehensive program. I know the Homeless Trust has done a wonderful job, but I think we need to continue to work on these things. And I'll be all in favor of this. Chair Sarnoff All right. Commissioner Spence -Jones: Mister -- Commissioner Suarez: Mr. Chair. Commissioner Spence -Jones: I'll yield -- Chair Sarnoff Commissioner -- Commissioner Spence -Jones: -- to you. Chair Sarnoff -- Suarez. Commissioner Suarez: Thank you, Mr. Chair. No. I echo Commissioner Gort's sentiments. When we had that dust up with the Sisters ofMother Teresa, I actually went out there and visited with some of the homeless around that area. And, you know, I was looking at their sleeping conditions and how they get by on a day-to-day basis. And in one of my conversations with a homeless, they actually said, Do you know what it feels like to sleep with one eye open? And have you ever had to do that?'.Pou know, because the -- you know, We're constantly in fear that something's going to happen in the middle of the night, that someone's going to attack us. "So I think anything that we can do to provide more capacity for these chronically homeless in our community is something that's a very, very good thing. Thank you. Chair Sarnoff Commissioner Spence -Jones. City ofMiami Page 38 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Spence -Jones: Thank you, Mr. Chairman. There's just a few things that I want to kind of bring up, 'cause I think it's important to address the entire issue revol -- revol -- as a part of this whole resolution. And whatl mean by that is, I think that we all -- all of us sitting up here understand and know that we have a homelessness issue. We know we have to address the Pottinger issue in some means or form, and the Chairman has done an outstanding job with trying to figure out how we do that. My concern is really not really about the homelessness issue. It's really about process and how we go about handling this issue. What I mean by that, one being, I think that it's really important for us to have a discussion around the issue concerning having a lack of permanent housing for homeless people to transition into, and I'm saying that because a lot of these chronic homeless people were not chronic in the beginning. They were chronic -- they became chronic because they keep going from one shelter to another shelter to another shelter, another shelter because -- for whatever reason. Some of it is mental illness. Some of it is they just can't find a job. Some of them just come bad on their luck, whatever the issues are, and they just move around from one shelter to the next. I think that our City ofMiami Homeless Assistance program -- and know that they're here, and would like for them to be engaged in this conversation. If they can please come up. I think it's really important for us to understand that -- have discussion with the individuals that work with homelessness every single day. We don't do it every single day. I know, Commissioner Suarez, you went out, you saw it. The majority of the homelessness, quite frankly, is in my district and, Commissioner, your district and also in downtown area. So we have -- but a lot of it -- a lot of the shelters -- I'd say probably 80 percent of the shelters is in D5 (District 5), you know. So we know homelessness. My concern, however, is when we start identifying dollars that would be set aside for any particular group, for this particular issue, one, I think that it's important for us to understand -- for staffers that work for the City ofMiami, for them to put on the record where the biggest need is. That's number one, okay. Andl think it's important. Andl know that from my briefings and understandings, just last week alone, I had three families that called me on my cell phone or called my office to say, you know, Commissioner, I need help. I have four kids. I lost my job. I'm on the streets. I have to stay in my car. "And they're not chronically homeless people, but they're people that need help, and there's no more space in the shelters, andl'm talking about HAC (Homeless Assistance Center) or wherever else, or there's a longer process to get into some of the other shelters. So -- andl'm not -- and these are people that just happen -- something bad just happened to happen to them. So what would like to -- when we start talking about surplus -- and I understand, we're talkingfrom -- not necessarily now but in future -- I think that -- I don't want to make a decision coming from the -- shooting from the hip. I really want to have a understanding of what is the comprehensive plan for us as to how we 're going to spend this money, you know. Maybe I might have a suggestion that, yes, I think it's important for us to deal with the homelessness issue, but I would like the surplus dollars to be focused on, you know, permanent housing, for people transitioning out of homelessness. After they leave you, after you put them in a hotel or a temporary housing, then this may be a family that just needs a little help for the next six to nine months. They need to be stable on a job. Maybe that's a better choice or decision for my district or for the people I serve. It may not be for Dr. Ahr in what he's doing. It may be for at least allowing for those individuals to truly get on their feet. That might be my suggestion. So I really want really fast -- andl have like two other items on this issue thatl want to address, but I want to deal with the homeless program really fast; for them to put on the record, you know, what do they see as the biggest concern to address the homelessness issue because they encounter it every single day. Let's deal with that first, and then I'll deal with the other two things, if you don't mind. Sergio Torres (Administrator/Office of Homeless): Good morning, Commissioners. Sergio Torres, from the City ofMiami Homeless program. Yes, you're absolutely right. It's my opinion -- I've been doing this job for like -- about ten years. There are definite issues, and you're absolutely right. This is allow that is clogged somewhere at the end, and we can blame the economy, but you're right; the lack of permanent housing is the biggest issues that we have facing homeless, not only in the City ofMiami, not only in Miami -Dade County but nationwide. We could say yes. As a matter of fact, the County and the Homeless Trust has emphasize City ofMiami Page 39 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 programs that are more focused on providing permanent housing. But the biggest issue is for how long are we going to subsidize permanent housing? Let's say that I have a family. They move that family in apartment. For how long are going to be paying for that family apartment before they can become self-sufficient? That's one of the issues. So we encouraging and we working, and case management is crucial for families to become self-sufficient, to find a job. That's it. Now, the difficult task: finding a job and become self-sufficient so they don't depend on government funds. It's really challenging. I will tell you, my opinion. I had spoken to Dr. Ahr about this. We have shared common thoughts about chronic homeless. And I'm not certain if we can address at this level. I think has to be addressed as a bigger level, and we can become a national model in dealing with this. And you absolutely right; dealing with chronic people is not going by the concept of what HUD (Department of Housing and Urban Development) definition is for chronic homeless people that have been three or more time homeless in the period of a year, so have been homeless for a year. So it's that these people are severe mentally challenged, and there is not a specific place that you can accommodate them to provide the treatment that they need. The long treatment to stabilize the mental condition and then return them back to society and we can work with them. So I don't know if at local level, we can work on something. Andl shared that with Dr. Ahr a few months ago upon opening the programs that we have now there, is that we need to look into -- I know that the concept of warehousing people back in the year wasn't even here when that happened, and also (UNINTELLIGIBLE) that are now closed, andl believe that the state of Florida has only 1,400 beds for long -- meet long-term treatment for mentally ill people. That's not enough for the people that we have for the whole state. So these people need treatment. I don't think that any program in Miami is equipped to provide that type of treatment these people need. We talking about people that have no insurance, that have no way to get insurance or to get benefits. And basically, the lack of people that allocate for them, except for us that continue to take them back to the hospital, the hospital take them back to the street, and it's a cycle that is very difficult to break. Commissioner Spence -Jones: All right. So I just want to make -- 'cause you said a lot. So I just want to be clear with my fellow Commissioners and the City Manager, my viewpoint on the first issue, and that is, I think that the issue of emergency beds, the focus really should be us -- one of the focuses should be dealing with the issue beyond them transitioning from a homeless shelter to more permanent housing, and there is a step before that that is for that person that may not be able to afford, you know, normal rent, so they can only afford maybe two or three hun -- something very low for them to transition up. So I just wanted to be clear. My first issue on this is I think that our Homeless Assistance program works this every single day, and one of the issues that they're seeing is that there's not enough housing for them to transition into. So I would like to see some of the focus be put on that if we are going to use surplus dollars to do that, to focus the energies on actually transitioning those individuals into more permanent housing. Now -- so that's the number -one issue. The number -two issue for me -- Vice Chair Gort: May I ask a question? Commissioner Spence -Jones: Sure. Vice Chair Gort: Let me ask you, Sergio. When you get a call from one of us on any one family that is out, when you allocate a space for them, you get a space for them, do you provide case management also to that family? Mr. Torres: If -- Vice Chair Gort: Just yes or no, that's it. Mr. Torres: Well -- Vice Chair Gort: Not that "We have the relationships with the people" -- City of Miami Page 40 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Torres: -- up to a certain level. Vice Chair Gort: Do we have the relationship with the people that can give them case management? Mr. Torres: Absolutely, absolutely. Vice Chair Gort: Okay. Mr. Torres: The different is that when they go to the hotel, they get limited case management. We're not equipped to provide case management (UNINTELLIGIBLE). Vice Chair Gort: Well, that's one problem. Once you select a family, they go to a place, they need case management to continue to get them back. Okay, thank you. Sorry. Commissioner Spence -Jones: No problem. Mr. Torres: But -- Commissioner Spence -Jones: So, Mr. Chairman, I just want to be clear, and my fellow Commissioners, the real problem is the lack of permanent housing. I'm not saying that we don't have a chronic housing issue and that does not need to be addressed. But, clearly, if we can transition those individuals that are in these shelters -- that can go from shelters to, you know, at least housing that they can afford until they get back on their feet, to me, should be one of our major focuses, which is what Sergio communicated. The second issue and concern that I have is when I got briefed on this particular item -- and understand the Chairman's vision on what he's trying to do -- was us not having a comprehensive approach on how we address surplus in the budget. And my first comment in my briefing was if we are going to have a surplus, I think that we, as a Commission, should say these are our five top priorities. One could be housing. One could be seniors. One could be youth programs. One could be more police. But we should all decide -- if there's going to be any surplus of any money -- and it's interesting that there was going to be some surplus money. But if there is any surplus of money, supporting our current employees that have been waiting for a long time -- so my point is, I think that that should be a discussion that we all have up here first and not necessarily to see a resolution that says, Okay, if there is surplus dollars available or when there become -- if there becomes surplus dollars, this is what we need to allocate it to. I think that there needs to be a discussion first before we even deal with a item like this, because I may have other objectives or other things that are really, really important for my district thatl would choose over this. So that is one of the second issues I have with this particular item. And last but not least, I think that -- taking nothing away from Dr. Ahr. Yes, you mentioned it earlier, Dr. Ahr. You know, the CRA is giving about $10 million to support the building of the facility. Building the facility is very decent from running and operating a facility, so those dollars can only be used for -- you know, for the construction of the space. But I still think that we should have an RFP (Request for Proposals) process. I think that -- to me, in the spirit of transparency, I think that we should still make it available -- if we decide as a group that, you know, look, we need to set aside $250, 000 for emergency housing or transitional housing, or whatever way we want to do it, for beds, then we should allow that to be open so that other groups have the opportunity to participate. Now, I want to say this: I support the Camillus House, and you know that I do. You know, in the spirit of disclosure, just so we're all on the same page, you've supported many things for the people in Overtown, and we truly appreciate that. Your support -- bring your men to the trainings every week in Liberty City to make sure that they're trained on how to become better dads. Your staff is participating in the fatherhood thing we're doing this weekend, just to be trained on how to deal with men. So in -- I have no issues with you, at all. That's not what this is about. This is about making sure we have an open and transparent process. If this is the decision that we're going to make as to how we're City of Miami Page 41 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 going to spend money, I think that we need to have that process open andl think that we should all decide what our priorities are. Now -- if there is a surplus -- andl want my budget man to come up here and make sure we're clear -- where's Danny? -- that there is going to be a surplus, you know, regarding this issue. And then George Mensah really fast. I know that -- I've been talking for years. I have many abandoned buildings in my district that I know that my community's saying that -- that are City -owned buildings, not even just property owners that own the buildings, but we own the buildings that are in neighborhoods, that are boarded up, that are not being used. One in particular one is King Heights, I believe. I think it's, what, 20 units, 30 units that, you know, I have said over and over again Let's rehab this building. "I don't mind even a agency coming in and running that building and allowing for people to transition from shelters that, you know, at least, just need to get themselves back together into that and maybe stay six to nine months until they can get themselves together. Doesn't make sense for the City to have the building all boarded up in the neighborhood and no one living in it, you know. So why not take this unit -- these units and use them? I've done it with three other buildings in my district, and George knows this. We've done -- you can go, George -- with it foster care girls, girls aging out of foster care. We've done it with Better Way for those individuals that are transitioning, that have had addiction issues. We've done it with people living with HIV/AIDS. So we have the ability to take the existing properties that we have, rehab them, even allow private developers to partner with -- on some of these buildings and use those dollars to rehab them and put them back out so that when Sergio says, Hey, I got a family that we can no longer pay for, you know, for these hotel rooms, then they can transition to this space until they get themselves back on their feet. I just don't want to do anything -- andl support -- let me just be very clear. I support my Chairman on whatever we need to do on this Potterger [sic] issue, because I know it's something that needs to be done. I just don't want to shoot from the hip in making a decision about spending almost $250, 000, one, without not having a process; two, we're not looking at a comprehensive approach; and three, just really kind of not focusing only on -- focusing more of our attention on how they transition from these shelters, I would like to see, into more permanent housing. So those are my issues. George, I don't know if you want to put anything on the record. But I just think it's important to say that. George Mensah: George Mensah, director of Community Development. Commissioner, I just wanted to put on the record that we have tried a number of times. The last time we tried was about a month ago. We did an RFP on that property. The issue has always been the operation of the property, because we can only put in money to rehab it. After you rehab it, an agency has to be able to maintain it, has to be able to provide ongoing support, and that hasn't always been the issue. We're still working with two agencies that did the RFP to try to see what we can do with them, so we're currently working on it. Commissioner Spence -Jones: Yeah. I'm just using -- it doesn't necessarily have to be that building. My point is we have City -owned properties that are boarded up in neighborhoods that, you know, make neighborhoods look abandoned. And I'm saying why not take the buildings we already have, if we're going to spend money on it, rehab it. And once we have it rehabbed -- 'cause once you spend this $250, 000, it's gone. But at least ifI take 250,000 and put it into the rehab of a space, the space will always be there. Even beyond us, it will be there so people can use it. So I just think -- Mr. Chairman, I support you. I support what you're trying to do. I just think that this item, we really need to think about it more and really just -- I think we need to think about it more. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Mr. Chairman, let me give you -- in the past, the Trust will allow the -- all those people involved in affordable housing will give X'amount of -- 3, 4, $5 million, and with that money, the developer will set aside X'amount of apartments for homeless people that come out of the -- this facility to house them in. At the same time, CDBG (Community Development Block Grant) funds can be used in -- and we donate a lot of -- we do a lot of joint ventures with City of Miami Page 42 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 private sector where they can build homes for affordable housing. But at the same time, with X" additional funds that we can give them, they can designate X'amount of apartments for the homeless, people that come out of the homeless shelters. Now the other thing that we can do is -- I agree with you. You want to do an RFP. I think an RFP will be great with the money. But at the same time, the RFP's got to be requesting what kind of case management they're going to do to those people they're going to have in- house. The people that are going to answer the RFP, if they have the facility to provide case management -- 'cause that's the most important thing. And I tell you, back in 1995, I went to Orlando, which it was the first center. It was open for the homeless. I looked at the system, andl think the system worked. But without case management, it's very difficult Chair Sarnoff You want to speak, Dr. Ahr? Dr. Ahr: I do. Thank you. I just want to make a couple of comments. First of all, of the 850 or so people that spent the night under Camillus's roof last night, only 200 of them would meet the category of emergency housing. So, you know, we operate from Homestead up to 77th Street. So permanent housing is part of our suite of services, as our Chairman would say, andl agree. We just need more capacity in the system. We need more at the front end. One of the ways that the Camillus program -- the original Camillus program was described as a place where people would go that weren't out there welcomed everywhere else. These are very, very tough cases to deal with. So we need capacity at the permanent housing end, at the treatment end, and also at the front end. The second point is that one of the issues that would be very helpful to us, since we have so much of attention given to persons with a serious mental illness, is the greater implementation of involuntary outpatient commitment laws on the books in Florida which would allow us to medicate our clients or people on the street so that then we could be dealing essentially with a much more capable person. We know individuals that have come to us that we've gotten into psychiatric care, their symptomatology has dropped off. They've become much more amenable to intervention. So that's a tool that's available. It's underutilized. Just to give you some general statistics, nationwide, the percentage of street homeless people who have a serious mental illness is about 40 percent. My belief is that it's more concentrated here in Miami, because we have such a small number and the ones that are on the -- the residual ones tend to have a greater level of mental illness; 38 percent nationwide have a serious alcohol problem; and 26 percent have a serious drug abuse problem. The clients that we see have multiple, multiple disabilities, mental illness, substance abuse, and medical problems. Andl think one of the things that we're eager to do is to take in and to try to work with and treat those individuals with these very, very complex problems. Our goal is the same as your goal, is the same as the Homeless Trust, which is for people to live independently in this community, and we look forward to partnering with you. Chair Sarnoff Let me just respond to Commissioner Spence -Jones for a moment. I don't know if you've had the opportunity to meet with Judge Lean, but Judge Leifman kind of describes this problem probably the best of anybody I've ever seen. We're only speaking of the City ofMiami homeless, this body of 800 people. The 800 people in the City ofMiami are not really financially homeless people. They are chronic homeless people. They suffer from PTSD (Post -Traumatic Stress Disorder), schizophrenia, drug abuse, and alcohol abuse. Under Pottinger -- the way Pottinger is written now, which is why I think it needs a modification -- I think maybe even the Herald acknowledges it needs a modification -- you can't require anyone to do anything beyond taking a shelter bed. Now, Camillus, to its credit, takes that envelope to the furthest and creates case management. If we're going to resolve any issues here, it's going to be through the constraints presently ofPottinger. See, it is a multifaceted approach. It's the short term, the midterm, and Pottinger. The Pottinger attorneys have asked us to create a pool of beds so that we can start approaching these folks now, so that these life -sustaining activities will no longer be allowed to go on, 'cause we will have available space. That's very, very important for the litigation ofPottinger, of which this Commission gave a 5-0 vote in favor of pursuing. Andl think even the Herald concedes it needs a modification. Andl think today -- If you're concerned City ofMiami Page 43 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 that we're going to lose $164, 000 and it's going to come out of our budget, I really don't know, don't believe -- and they've said publicly -- that the Trust will not match us. So the conversation begins with the City ofMiami funding its beds subject to the Trust funding its 85 beds, and that's where I want to be in this conversation. I want to be a part of this conversation, 'cause, Commissioner Spence -Jones, $52 million. I think what you want to demand is how is that $52 million being spent, on whom, by whom, for whom? And who are these Trust folks? Are these Trust folks also providers? And should providers be voting themselves contract services? And think these are questions we need to get to, but -- Someone told me the other day -- wise man. I'll leave him unnamed. -- Sometimes you have to call the question, 'and you have to call the question now. So let's call the question on the Trust. We are a -- we're the pinky finger of a solution of two hands. I concede that. But let's frame the issue as best we can for the City of Miami. I don't believe we'll spend this money. They publicly have said -- I don't think he said over my dead body, but think he candidly meant that and then cleaned it up. And now we need to find out -- City ofMiami comes here as a good partner for three reasons, Commissioner, and you'd be right: We gave $10 million to these good folks. That's a lot of money. Two, every shelter bed almost belongs in the City ofMiami. Three, we don't even say in the City ofMiami, "Send me your young, send me your poor. " We just say "Send me your homeless." That should be like our motto: "Send me your homeless." Because Aventura, Miami Beach, they've all been caught transporting their homeless down to downtown Miami, and they don't stay in downtown; they're now in all your districts. So I think it's imperative and I agree -- you know, I find myself going to the exception to the rule, 'cause I like your rule. I hope you -- we should always understand our budget surplus better. But what I'm saying to you is take a little bit of a bet and challenge here. You'll have that $164, 000. It isn't going anywhere. Let's frame the issue so the City ofMiami looks to be the best partner possibly can be. Let's frame the issue so that Mayor Gimenez, who's the Mayor ofMiami-Dade County, can frame this issue he -- best he can when he's dealing with the semi -autonomous board called the Homeless Trust. Let the Miami Herald investigate the Homeless Trust to see how it is they've been spending their money. Who is on the Homeless Trust, by the way? I went on their web site, Commissioner. I couldn't even tell you who's on the Homeless Trust because it's not even there. There's no sunshine to it. Vice Chair Gort: Me neither. Chair Sarnoff Mr. Mayor, I apologize. I didn't see you standing there. Mayor Tomas Regalado: No. I -- Commissioner Spence -Jones: You're on the Homeless Trust, right? Mayor Regalado: Yes. Vice Chair Gort: And the Manager too. Mayor Regalado: I was appointed. Actually, I was appointed by the City Commission many, many years ago, and the City ofMiami has a seat designated by the League of Cities. That's -- that is the appointment. The Manager has also an appointment and -- or somebody to substitute, and Miami Beach has appointment. But, Mr. Chairman, you're right; most of the people that are in the vote are providers. These are the same providers. And, you know, we have Judge Leifman at the board too. But what I was going to say is that we all know that there are fundamental difference between what we want to do and what the Trust want to do. The Trust wants to do long-term; and in the past, they have done some housing in Homestead and Cutler Ridge and -- But the only way to start this conversation is for the City Commission to do the first step, and then we can go to them and say, Well, look, you know, we need this. Because if the Homeless Trust is hell-bent on their position of using those bed for that category, they will be making us breaking or breaching Pottinger, so we cannot do it. So we need this gesture, number one, to try to work on mod4ing Pottinger, and number two, to start this conversation. And by the way, City ofMiami Page 44 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 there is another reason other than all those that you mentioned why we could go to the Trust. And, you know, most of these monies come from restaurants in the City ofMiami. There is -- I don't think -- I think we have more restaurants in the City ofMiami that contribute to the Trust that we have in Miami Beach or Aventura or Coral Gables because they're big restaurants. When you have more than certain number as -- Chair Sarnoff The Beach, Mr. Mayor, doesn't contribute, Bal Harbour doesn't contribute, and Surfside doesn't contribute -- Mayor Regalado: Right. Chair Sarnoff -- to this tax. Mayor Regalado: Right. And so the City ofMiami is a donor, and the City ofMiami is the biggest issue. We also need the County to help us out in releasing prisoners, instead of releasing prisoners in the Civic Center and doing it in TGK (Turner, Gifford, Knight), and that's something that the police and the City can address. So my appeal to you is that approve this, provided only if the Trust approves the 85 beds, but that's the only way that we can start this conversation with the members of the Trust. Thank you. Chair Sarnoff Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Spence -Jones: I just want it to be clear from my perspective. I support what you're doing. I think that it's something that is necessary to do. And I'm glad that you came back and really cleared, you know, any confusion I may have had in my mind about what you're trying to target with this particular item, 'cause we don't have the opportunity to talk about this stuff. And so I'm -- from what I'm hearing from you now, you know, your focus is to really target a certain population of homelessness so -- because that's not necessarily being dealt with on that -- in that manner. So when I think of the homeless program that we have here, they deal with that population as well, but they're also dealing with all of these other families and individuals that just may have had something bad happen to them and they need support too. So I understand what you're trying to accomplish here, andl support that. My -- where the confusion comes for me and why I feel like this item needs to be worked on, and we all need to be on the same page with it, is there's two other things that go along with that, with us making a decision about this particular item. One, I think that we should always do things in a very transparent manner from the standpoint of having some sort of process open so that other groups have the opportunity to say, "Hey, look, I have beds available as well, andl would like to have the opportunity to do the same." I can tell you like at least two or three in my districts [sic] that are asking me for monies right now. The Lotus House, they do an outstanding job as well for women and children, and you know, they're knocking on our door right now wanting -- needing money to support beds. The SalvationArmy's doing the same thing, and Power U. I mean, I can -- at least two of them have called me and said, "We would like to have the opportunity to participate." Chair Sarnoff But this money's not going to Camillus. Commissioner Spence -Jones: Right. But this is going towards the beds, correct? Chair Sarnoff Going towards the beds. Commissioner Spence -Jones: But it's money coming out of our surplus. City ofMiami Page 45 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Correct. And the Homeless Trust, supposedly, has their RFP process, so this would go to them for their RFP process. Commissioner Spence -Jones: Okay. So -- but then why -- so what I want to be clear -- but we're identfing the beds coming from a particular organization. Chair Sarnoff No, no. Commissioner Spence -Jones: May -- am I reading it wrong? It says authorizing the purchase and reservation of 15 shelter beds from the Camillus House. Chair Sarnoff Right. Commissioner Spence -Jones: And it says the amount, so it -- Chair Sarnoff That's been modified just to shelter beds, no particular provider. It's not going to any particular provider, Commissioner. Commissioner Spence -Jones: But I'm just saying -- Chair Sarnoff Oh, I get it. Commissioner Spence -Jones: -- when other -- Chair Sarnoff But there should have been a substitution given to you. Commissioner Spence -Jones: But that's the reason why -- that's one of the reasons why I feel like the item needs to be worked on. That's one of the reasons. And, again, I'm getting calls asking, We want to participate too, 'because people are confused about it. That's one of the issues. Chair Sarnoff Well, we won't be doing the RFP. Commissioner Spence -Jones: Okay, so now you're clearing that up. Chair Sarnoff Right. Commissioner Spence -Jones: But I'm just letting you know -- Chair Sarnoff I hear you. Commissioner Spence -Jones: -- when people read it, the assumption is -- even some -- I'm -- even in my briefing, that's their understanding. Chair Sarnoff Okay. Commissioner Spence -Jones: So if City Administration is saying to me this is what it is, then I'm communicating that to my public. So there is confusion on the item. So I think that that needs to -- I mean, I don't know if my other fellow Commissioners understand what I'm speaking of. So one -- so that's the other part of this. I will lean back on the issue of you know, more permanent housing. I do agree with the Homeless Trust, their effort to push more of the permanent housing as a part of their mission and driving people to do that. But understand what you're saying from this particular conversation, is that we still need something else that deals with this particular population, and we need to be active in making our decision. I just don't like the idea City of Miami Page 46 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 of any particular group being attached to a resolution on a issue. I think that that process should be as open as possible. You explained that that's not the case; that it is going to the Trust. And then last but not least, I would like for my budget person -- where's Danny? Okay. Danny, when we start talking about surplus, okay, 'cause that's the second biggest issue for me, you know -- Ah, for the last six months I've been talking about it. I know the Chairman, every Commission meeting, he's talked about police, police, police, police, police. That's been like his, you know, big call. And then mine has been a case of supporting the City employees that have been working hard and that have not gotten any increases, have not -- but yet and still, they fight every single day to keep the City going. That's been my argument. So we all have various needs up here that we think are important. And when we start talking about surplus, I want to understand, if I'm setting aside, you know, or supporting 240 or whatever the amount is here, how much more surplus do we have to play with? Because that may be Commissioner Sarnoffs main objective, is to focus on homelessness; mine may be seniors, mine may be youth. I think that, you know, we need to understand when we talk about surplus, first of all, what is that number so that we understand that it's -- so we understand that we have the opportunity to at least chime in on a process in which we identify dollars to support things that we think are important. What is that number so I can understand it? Daniel Alfonso (Director, Strategic Planning, Budgeting and Performance): Commissioner, as I stated in the last budget update, the projected surplus that we're having for fiscal year '12/'13 is roughly $16 million. The last time thatl came up here, we specifically spoke of still having the issue with FIPO (Firefighters and Police Officers) pension. I believe we have a tentative agreement with them. The required contribution, in addition to what was budgeted, will probably end up somewhere in the $5 million range, which means we may have to pay another $3.8 million from what we have paid so far. So the number for the surplus is starting to clear up, I think, so -- somewhere in the 10 to $12 million once we pay this FIPO contribution. That's sort of where we are right now. Commissioner Spence -Jones: Okay. So this just kind of reminds me of a past communication on the dais. Mr. Alfonso: Every month that passes, we're getting better. Commissioner Spence -Jones: Okay. So my concern would be, if they're -- you know, if we're talking about a surplus -- I mean -- And this is a discussion between all of us sitting up here. I mean, like are we now saying -- are we opening ourselves up to say that we are open to looking at additional things that we can do as a body to support things that are happening in our district and that we want to identify dollars that, you know, can be --? I see -- I hear you breathing, Danny. You might want to turn your mike off. I hear you breathing. Are we saying now that we're --? Chair Sarnoff Can I respond, 'cause --? Commissioner Spence -Jones: Sure. Chair Sarnoff -- we voted 5-0 to modin, Pottinger. Commissioner Spence -Jones: Yeah. Chair Sarnoff And the lawyers came to me and said, for us to proceed, this is what we need. Now, the DDA is paying that bill, so you know, maybe it doesn't really hurt the City ofMiami, but I think it does, 'cause I think we're all in this together. Commissioner Spence -Jones: Yes. City ofMiami Page 47 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff And we will incur over $150, 000 in fees before this is all said and done. So they make a recommendation to me: "Look, for us to proceed in the best format possible, you put us in the best light we can, this is what we ask you to do." Got with Danny, got with the City. Because you don't want to waste your money in litigation. You don't want to create more lawyer's fees than you really need. And it seemed like a very manageable number. And as we got into this, we met with Judge Lean, we met with Mayor Gimenez. When we met with everybody, everybody agreed the City needed to be a partner -- maybe not a very large partner, 'cause, really, it's not our job -- but a partner to show that our willingness to be a part of the solution. And, you know, I can sit here and say it again. You know that we're not even just a partner; we're like the major part of the solution when you think of the land, the payment that's Southwest Overtown/Park West made to a very fine establishment, Camillus House. We go on and on. We're a great partner. But we have to change the question and -- you know, I know what it takes to bend steel. Maybe, you know, Johnny Martinez would say, "You know, it's 10, 000 pounds per square inch, you can bend steel" What does it take to change attitudes, 'cause that's the harder thing to do? And the attitude change is happening as we speak. People are realizing the City ofMiami bears an unfair burden of homelessness in this city, and it's beginning to be a conversation that's had out there. I don't want to do anything to stop that conversation. I don't want to do anything to look as if we're an impediment. And oftentimes, this Commission is looked at fractured and disorganized, and sometimes the County doesn't take us quite as seriously as maybe they should We're the biggest city, certainly, in Miami -Dade County. I'd love for us to act as a unified voice. I really don't think this will have any financial impact, Commissioner Spence -Jones, 'cause I don't think the Trust will fund its portion. And if they come back and they say, "You know what, Commissioner Spence -Jones? We're willing to give you five beds, but you've got to do your 15." Okay, that's a different expression, that's a different conversation, and you may not be in favor of that, and may be siding with you on that. But I think we have -- we're -- as they say, we have the momentum and the wind is at our back. Do not put the wind in front of us again. It's pretty tough to overcome that wind. Commissioner Spence -Jones: Mr. Chairman, I just -- I support you. I support what you're doing. I'm not saying let's not support it. I just feel like the item itself -- because there are so many, you know, unclear answers just from -- even in this discussion alone that we're having this morning -- and we never -- we try not to really vote on items, all of us, unless there's real clarity about it. And just from this one particular conversation, I've learned more than I knew from the very short briefing that had on the issue. I knew the Pottinger situation was attached, but now I'm understanding, without getting into all of the details, why you're laying the ground work. But I still think that -- in the midst of just trying to do things right and really understanding, you know, the decisions that we're making today, I think that we need to at least deal with this -- work on this item, make it tighter. I don't think any name should be included in the resolution. If the Children's -- if the Homeless Trust is going to be responsible for the process, I'm cool with that. But it should be an open process and -- or it should -- at least the way that it appears in the document, it should look like that. And then just the greater conversation -- 'cause now I'm going to separate the two 'cause they don't go together -- is that outside of this surplus dollars that we talked about, that is a different conversation that may -- perhaps does not belong with this particular item. So I will move that away from us talking about everything else that we could pay for. I don't have a problem with doing that. But I do want us to have -- I would like us to have a little bit more time on making sure that this item is tight and right. Andl don't have a problem with it coming back for the next Commission, but I just think that -- honestly, I think that the way this is written or the way that it's understood by general public, I think that we need to make sure that it's tight and right. Chair Sarnoff And, Commissioner -- and I'm going to let Commissioner Gort go -- the reason I'm going to resist you on that, it's not because I want to pick a fight with you. Commissioner Spence -Jones: Yeah, don't pick no -- City ofMiami Page 48 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Because it is as simple as saying no provider is being singled out here. You know, I'll be candid with you. Commissioner Spence -Jones: But it's -- Chair Sarnoff Danny from my office made a mistake and put Camillus in there, and he never should have. And Danny will pay the penalty for that later on today. But -- Yeah, he will. He'll pay a penalty for that because he's a lawyer and he should have been more careful. But a substitute item has been submitted. And in that substituted item, it is nameless. There is no provider getting this. It's going to the Homeless Trust. So it doesn't really need to come back to us for that particular single issue. No one's being singled out. Commissioner Gort. Vice Chair Gort: One simple question: Can we use CDBG funds for this? Commissioner Spence -Jones: What'd you say? Johnny Martinez (City Manager): You could use CDBG fund from the public service side, which is being subsidized by the general fund already. Vice Chair Gort: You talking about housing, too. Well -- so that's something the -- I think CDBG could look into it. Mr. Mensah: George Mensah. CDBG for beds actually will be a public service activity. If you are building, if you using CDBG funds in terms of building a facility, a housing, then that is allowable. Like I said, always the issue has been once you give them the funds to build the housing, they -- unless they give you four, or five or ten beds, then the problem becomes operation. Vice Chair Gort: Okay. The second question is, my understanding is, if the Trust agrees to it -- now, I've had conversation with just about all the providers. My understanding is, the Trust will go out with an RFP and will assign the rooms that cost the less. What I'm worried about is what we've been discussing for a while. People need crash [sic] management. I mean, somebody can come up and says, "Look, I'll give you the room for $15, " but what else? You get to have them for two or three nights, then put back in the street? An RFP -- I would like to recommend, if the Trust does the RFP and agree to it, that the -- part of the RFP and the respondent should be crisis [sic] management involved in it too, not just the price of the room. Chair Sarnoff Well, be careful, Commissioner, 'cause you can't -- these beds are intended not to violate Pottinger. These beds are intended not to violate Pottinger. So until we modify paragraph -- I'm sorry, page 6, definition of shelter bed -- Vice Chair Gort: Right. Chair Sarnoff -- these beds cannot come with mandatory counseling or treatment facilities. They can voluntarily do it. Andl think what Dr. Ahr was trying to say -- Vice Chair Gort: I'm not talking -- yes. Chair Sarnoff -- is that I think he gets an 80 percent response rate of people volunteering to go through some of the counseling sessions. And let me just say this last thing that was whispered in my ear, Commissioner Spence -Jones. Mayor Gimenez has called for a working group to start working on Monday of this week, so they want -- he actually wants the City to approve this so that he can then put pressure on the Trust to fund their portion of the shelter beds. Commissioner Carollo: Mr. Chairman. City of Miami Page 49 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. I've been listening to all the arguments, and there's actually very good arguments from all sides. One of the issues that I'm seeing is that many stakeholders that have had great success over the past few years with regards to reducing homeless are not in favor of this or at least there's not a consensus. So I wish, you know, members or even the chairman of the Homeless Trust would be here so we could discuss it and have an open dialogue, because I hate to see, you know, pillars of this issue not having consensus with us. Now, that still doesn't mean that -- I've heard your arguments andl understand their views versus our -- versus your view. And in all fairness, I really don't see a harm setting aside beds at least for the next two years and then tackle, you know, long-time or chronicle [sic] homeless in the bigger scale. But I really wish we could have consensus, because I think, realistically, all of us are -- you know, have in mind or the intent to curing homelessness. So I just wish that, you know, they were here at the table also and we could discuss it as opposed to we 're passing it, the ball's in your court, and put pressure on them. You understand what I'm saying? I think it should be more amicable as opposed to, Hey, we're passing it. The ball's in your court. Now, what are you going to do? And let's start putting pressure. Let's call, you know, on Mayor Gimenez. Let's call on the Herald Let's call -- You understand what I'm saying? I think it should be more -- Chair Sarnoff I can tell you that there have been meetings for the past two years. This is where we find ourselves. I don't think it's surprising. I don't find consensus in Washington, DC (District of Columbia). I don't find consensus in Tallahassee. I think we're as close as we're going to get. I think the issues are defined. I think at some point in time, you simply have to call the question and let the process determine where it's going to go. I just want to put as good a face as I can on this for the City ofMiami to show that we are a partner, to show that we're here to be a part of the solution, a very big part of the solution. Because, again, we're the land mass that supports the homeless; again, we certainly have been the biggest contributor that I know of to Camillus House; and again, I think we need to step up. I don't think there's going to be much concern or damage to the general fund, 'cause I don't think the money will ever leave. Commissioner Carollo: Well, in all fairness, I was quoted that I think this is a moot issue, because I think Mr. Book has been pretty vocal in a letter that I read, that this will not -- the 85 beds will not be funded. Therefore, to a certain degree, it's a moot point, and that's why -- Chair Sarnoff But he's not a dictator. Commissioner Carollo: No, I understand, but that's where I wish there would be more dialogue. Chair Sarnoff That board will debate the City of Miami's offering, and that board, if we show up as we should -- we haven't been the most diligent, Commissioner, in showing up to that Homeless Trust. But if we show up and we make good arguments, I think that board could be swayed. Andl think people need to be honest, and a lot of people we met think they know what Pottinger says but have never read Pottinger and it's -- What I'm saying -- I think all the lawyers in the room can pounce on me if you'd like -- "shelter bed" has a definition that an emergency bed cannot require. Pottinger won't allow it to happen. Other cities use this strategy, and they don't even have Pottinger. Miami Beach leases beds every night and they don't use them. Vice Chair Gort: In the City ofMiami. Chair Sarnoff In the City ofMiami. I apologize for interrupting. Commissioner Carollo: No. And, again, this is --I always welcome dialogue. I always welcome debate. So, you know, that's the main thing that I'm seeing. Second, you know, I agree with Commissioner Spence -Jones with regards to our surplus, even though I clearly understand that, City ofMiami Page 50 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 for the most part, that money will not be spent, because the Homeless Trust appears to be not in compli -- or not believing that they will, you know, provide the funding for the 85 beds. However, you know, Danny was asked with regards to current year surplus. I mean, in all fairness, we don't have audited financial statements issued yet to know exactly what is last year's Vice Chair Gort: Yes. Commissioner Carollo: -- surplus, you know, so I'm having issues. And with that said -- let me remind everyone that we are still in violation of our financial integrity principle ordinance, okay? We still do not have the reserves where we need to be. So I don't want to just say, hey, we have extra money. Okay, what should we spend it in? Let's have a wish list. And we've discussed some of the items, by the way. We discussed a one-time payment to our employees. As a matter of fact, if you all recall, I said, you know, instead of just one section, just the police, let's do it for all, andl calculated pretty accurate numbers, and Danny was here, and we accurate -- we calculated pretty accurate numbers. But, still, I think those are issues that we need to discuss. However, I understand clearly that, chances are, this money will not be spent. And at the same time, when you look at, you know, the budget in its totality, you know, it's a minor amount that could solve a lot of issues. So with that said, I just really wish that, you know, we could build consensus with the Homeless Trust and go in this together and really move forward. I think the intent of everybody is to actually, you know, fix the problem. It's not really to have a tug-of-war with one another. I think we're all really on the same page. It's just how do we end up fixing it? Commissioner Spence -Jones: Mr. Chairman. Commissioner Carollo: Thank you. Chair Sarnoff Yes. Commissioner Spence -Jones: Let me, first of all, commend Commissioner Carollo for really sitting back and listening to all of us debate and talk about this issue and utilizing wisdom in the midst of all of it. You know, regardless of what different viewpoints we come from, yours was the best one, I think, and that was, you know, trying to figure out a way for both groups to get along. I didn't read the paper this morning, so I didn't even realize that there was an issue like -- obviously, there is. I know Ron book was here last time -- not in here, but he was at the last meeting. He didn't come in. So my assumption was that there was some discussion at least being had. I'm not really sure why he did not come today. Commissioner Sarnoff, did we invite him? Chair Sarnoff Ron book is aware of the meeting today. Commissioner Spence -Jones: Okay. All right. So -- and he didn't -- he did not want to come and speak on behalf of the Trust, at all? Chair Sarnoff He didn't say anything to me about wanting or not wanting to come, but I know that he was invited to this meeting. Commissioner Spence -Jones: Okay. So I agree with Commissioner Carollo on the issue of there being -- at least trying to have some sort of consensus, but I'm also hearing you at the same time. You know, you've tried over the last how many years, Commissioner Sarnoff? Chair Sarnoff We've met with Mr. Book on a number of occasions, and we have met with the Homeless Trust on a number of occasions. We've come as close as we're going to come. Commissioner Spence -Jones: Okay. So this step -- even though we make this step or a step is made on this issue, the reality is that it still has to go in front of the Trust. City of Miami Page 51 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Correct. Commissioner Spence -Jones: And what is being said on the record today is that you doubt very seriously that -- you're not saying that it may not change if we don't come as a united front to the Trust to say this is something important to push it to the next level, but right now, just based upon what you're hearing, that there's not the support to even see this happen, even if the City has taken this position? Chair Sarnoff Right. Commissioner Spence -Jones: Right. Chair Sarnoff Let me just say, on Monday there is going to be what's called the {4orking group," which is going to try to hammer out differences. Commissioner Spence -Jones: I got it. I'm clear. Chair Sarnoff Got it. Commissioner Spence -Jones: I'm clear. So my viewpoint on this, first being -- and you've cleared it up, and that was the first one -- I don't like the idea of an item, including any particular group, and if there is going to be a group, there should be an RFP process. You have stated that the amended item does not include a group, so we're not voting on a particular group getting resources. We're -- we would be supporting the resources being made available by way of the Homeless Trust, and they would do the RFP process. And whoever's selected -- any group can go and apply for those dollars. That's the amended version of what we're seeing in front of us, correct? Chair Sarnoff Correct. Commissioner Spence -Jones: Right. And then last but not least, on the surplus part of it, just as Commissioner Carollo has made a statement regarding the issue of the surplus, I do agree with him that, you know, we don't want to get into a place where we're all trying to grab for dollars, because, quite frankly, we went from -- with Danny, from 30 to 12 to maybe 5, $6 million, which, honestly, I don't feel very comfortable about that at all. Now, this is only a drop in the bucket as to what we would be taking out of that. But I still have the viewpoint of -- I think that there needs to be a comprehensive approach as to how we identify -- if there are surplus dollars, how we would utilize them. Now, I understand that Commissioner Carollo has also stated that we still have an issue looming out there; that even this talk of surplus, we really can't really even say that there's even that happening. So I just -- I don't feel comfortable -- I support you. If I had to vote for you today, I would vote for you. You would get my full support. But I just feel very uncomfortable about the item, andl just don't want you to feel that it's any reflection of what you're doing. I just feel like the item needs to be worked on a little more, andl do agree with Commissioner Carollo. Even after Monday's meeting, if there's this consensus that takes place -- because after today's meeting, we vote on it, we know what the story's going to be tomorrow, and you're going to have two people on two different sides of the issue basically, you know, girding themselves up for a battle, andl think that there has to be another way to address it without creating that kind of energy. So if Commissioner [sic] Gimenez has called for this special meeting, I really don't see any harm with allowing that meeting to happen and us make adjustments on whatever this resolution is so that everyone's happy. But to create a fight that's not even necessary -- I would like to see the outcome of that meeting before we make a decision, but again, I'm only one vote. And l just want you to be clear that I'm not voting against you or what you have in mind to do. I just feel like that there's a better way to address this issue. City of Miami Page 52 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Great. Let's call the question. Commissioner Carollo: Mr. Chairman, ifI may, can I make one more statement, and it'll be quick? Chair Sarnoff Sure. Commissioner Carollo: And it's on a side note. Andl don't want to get into much discussion on this. I just want to, once again, let everybody know that, once again, CDBG dollars are available. However, we cannot use them because we have a cap. So, once again, public services, where we have the need, once again, yet, we cannot use them because we have a cap, and that's what kept pushing. And know we all have, and the Mayor; we're pushing and pushing to raise the cap, because it'll be very easy for us to use CDBG fundings [sic] for this issue. However, once again, because it's now -- because it's public services and it's not economic development, we cannot use the reserves that we have for CDBG. So again, I just want to point that out, why we continue to use general funds and subsidize programs, issues that, realistically, we should be paying out of CDBG. However, since -- because we do not have that flexibility, we cannot use it. Thank you. Chair Sarnoff All right. So is there a motion, as amended? Vice Chair Gort: Move it. Commissioner Suarez: Move it. Commissioner Spence -Jones: No. Chair Sarnoff Motion by -- Commissioner Spence -Jones: Oh, I'm sorry. Chair Sarnoff -- Commissioner Suarez. Commissioner Spence -Jones: I'm sorry. Chair Sarnoff Is there a second? Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. All in favor, please say aye." Vice Chair Gort: Aye. Chair Sarnoff Aye. Commissioner Suarez: Aye. Commissioner Carollo: Aye. Chair Sarnoff All right. Commissioner Suarez: You should call the roll. Chair Sarnoff Why don't we take five, and then we'll come up with the Flagstone 11 o'clock? Commissioner Carollo: That's a good idea. City of Miami Page 53 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.3 RESOLUTION 13-00619 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT IN AN AMOUNT NOT TO EXCEED $60,135 ("GRANT") FROM THE 21ST CENTURY COMMUNITY LEARNING CENTER THROUGH MIAMI-DADE COUNTY PUBLIC SCHOOLS ("MDCPS") TO THE CITY OF MIAMI ("CITY") DEPARTMENT OF GRANTS ADMINISTRATION EDUCATION INITIATIVES ("DEPARTMENT") FOR THE MIAMI LEARNING ZONE OUT OF SCHOOL PROGRAM AT HOLMES ELEMENTARY SCHOOL ("PROGRAM"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "21ST CENTURY COMMUNITY LEARNING CENTER GRANT, MIAMI LEARNING ZONE, 2012-2013" FOR SAID GRANT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AND ALL OTHER NECESSARY EXTENSIONS, AND MODIFICATIONS AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2012 THROUGH JULY 31, 2013, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS, AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS. 13-00619 Summary Form.pdf 13-00619 Legislation.pdf 13-00619 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0224 Chair Sarnoff I think our first one is RE.3; am I correct? Lillian Blondet (Director, Grants Administration): We can do that one if you want. Chair Sarnoff Lillian Blondet -- Ms. Blondet: Yes. Chair Sarnoff -- you are recognized for the record. Ms. Blondet: This is -- thank you. Lillian Blondet, Office of Grants Administration. This is an item regarding an afterschool program we have in conjunction with the School Board at Holmes Elementary, and it's accepting the funding to pay for the salary for the program manager. So it's a resolution of the Miami City Commission, with attachments, authorizing the City Manager to accept a reimbursement grant in the amount not to exceed $60,135 from the 21st Century Community Learning Center through Miami -Dade County Public Schools to the City ofMiami Department of Grants Administration Education Initiatives for the Miami Learning Zone out of school program at Holmes Elementary School; establishing a new special revenue project entitled "21st Century Community Learning Center Grant, Miami Learning Zone, 2012-2013" for said grant and authorizing the City Manager to negotiate and execute a grant agreement and City ofMiami Page 54 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 all other necessary extensions and modifications after consultation with the City Attorney, to implement the acceptance of and compliance with the grant for said purposes, for the period commencing August 1, 2012 through July 31, 2013, with the option to renew for two additional similar periods, at the same not to exceed amounts, under the same terms and conditions. Vice Chair Gort: Move it for discussion. Chair Sarnoff We have a motion by the Vice Chair. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Vice Chair is recognized for the record. Vice Chair Gort: My understanding is the contract has already been implemented. Ms. Blondet: Pardon me? Vice Chair Gort: This is a contract that's already been implemented. Ms. Blondet: Yes, that has already been running. We just got the letter from the School Board maybe like a month and a half ago, and this is the first time we -- Vice Chair Gort: So we're approving something that has already been done, and we put out funds and so on. Ms. Blondet: Yes. But this grant is reimbursable at the end of the grant period. But, yes, unfortunately, we didn't get the paperwork to bring it in front of the Commission at the beginning of the year. Vice Chair Gort: Okay. Ms. Blondet: Yes. Vice Chair Gort: Thank you. Chair Sarnoff All right. Anybody else? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.4 RESOLUTION 13-00627 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Management RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 260247, AND PURSUANT TO RESOLUTION NO. 11-0108, ADOPTED MARCH 10, 2011, PRE -QUALIFYING THE SEGAL COMPANY, AS AN ADDITIONAL FIRM, UNDER THE CATEGORY OF PENSION ACTUARIES, TO PROVIDE HEALTH BENEFIT CONSULTING SERVICES AND ACTUARIAL SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 55 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00627 Summary Form.pdf 13-00627 Memo - Recommendation of Evaluation.pdf 13-00627 Summary Evaluation Form.pdf 13-00627 Certification Statement.pdf 13-00627 Letter - Segal.pdf 13-00627 Letter - Fire & Police Pension Fund.pdf 13-00627 Email - Segal Reference.pdf 13-00627 Detail by Entity Name.pdf 13-00627 Exhibit_- RFQ No. 260247.pdf 13-00627 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0225 Chair Sarnoff RE.4. Calvin Ellis: Good afternoon. Calvin Ellis, director of Risk Management. Resolution RE.4 is in regard to the addition of a prequalified firm for pension actuarial services. That company is Segal and Company, and this is in regard to an RFQ (Request for Qualifications) that was adoptedMarch 10, 2011. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Vice Chair. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no -- You're recognized for the record. Commissioner Carollo: Yeah. Just quick. It was an RFQ put out, and how many actual companies bid? Mr. Ellis: For the overall RFQ, we had approximately six that were deemed qualified for pension actuarial services. Commissioner Carollo: And out of the four -- I'm sorry. Out of the four, this is the one that you found the most -- Mr. Ellis: No. This is one that we're actually adding to, I guess; broaden the poll of prequalified actuarial service providers. Commissioner Carollo: Why not have all four, then? Mr. Ellis: Well, I mean, there -- now, we have a total poll of ten -- I'm sorry -- five pension actuaries instead of four pension actuaries that we can issue a scope of work to. Commissioner Carollo: I mean, okay. I just don't see the reasoning that -- I'm, you know, a little skeptical about this. I mean, you know -- City of Miami Page 56 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.5 13-00595 Honorable Mayor Tomas Regalado Vice Chair Gort: My understanding is you rotate the work with the different actuaries. Mr. Ellis: Well, normally, what we do in this case is we issue a scope of work and have a secondary competitive process, and we let the poll of prequalified candidates compete for the scope of work. Chair Sarnoff So you take a professional, you let them submit bids, if you will, from that pool of five. Does the lowest bidder get it? Mr. Ellis: No. I mean, we have various criteria that we take a look at, I mean, qualifications being one, previous experience being another, and it's all weighed. But cost is one of the elements that's considered, but it's not the overriding consideration. Chair Sarnoff Okay. Commissioner Carollo: Let me -- I'm sorry, Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Let me play devil's advocate. So instead of having a pool of five, why not have a pool of ten? Mr. Ellis: I mean, we have that option, but, you know, currently, we put out the RFQ, we evaluated all the, you know, responsive providers that participated in the process, you know, we identified those that were deemed qualified, so they're on our list of prequalified providers. Once the scope of work is issued, that scope of work is provided to all of the prequalified, in this case, pension actuaries, and they provide their proposal and pricing for the services. It's increased competition, which, I think, always inures to the benefit of the City. Chair Sarnoff All right. Commissioner Carollo: Yeah, we're just going around in circles, that's all. Chair Sarnoff I get you. RE.4, there's a motion, there's a second. Any further discussion? Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXPRESSING SUPPORT FOR THE COMMUNITY -WIDE RECOMMENDATIONS OF THE JOINT ROUNDTABLE ON YOUTH SAFETY; DIRECTING THE MAYOR OR MAYORS DESIGNEE TO COLLABORATE ON THE ROUNDTABLE'S RECOMMENDATIONS, TO RECOMMEND TO THE CITY COMMISSION MATTERS REQUIRING CITY COMMISSION APPROVAL AND TO REPORTANNUALLY TO THE CITY COMMISSION AS THE ROUNDTABLE WORK CONTINUES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. City of Miami Page 57 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00595 Letter - Joint Roundtable on Youth Saftey.pdf 13-00595 Pre -Resolution - Miami -Dade County.pdf 13-00595 Legislati on. pdf 13-00595 Exhibit 1.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-13-0227 Chair Sarnoff I think the Mayor is here, so we're on RE.5. Mayor Tomas Regalado: RE.5. Chair Sarnoff RE.5. Yes, sir, Mr. Mayor. Mayor Regalado: Well, thank you, Mr. Chairman. Commissioners, thank you. This is an item that is part of a Countywide effort to work on safety around the schools in Miami -Dade County. After the massacre in Connecticut, Superintendent Alberto Carvalho and Mayor Carlos Gimenez, they called for a roundtable of all the mayors, and chief of police and police departments of all municipalities in order to look for ways to create a more safe environment for the children in the school and around the schools. All cities are participating, and there is a permanent roundtable of representatives of each police department that are working with the Superintendent in order to create safety measures for the children. Now, the City ofMiami is cooperating with the College ofPolicing [sic]. and the City and the Police Department offer the training for all municipalities and to coordinate with the Miami School Police Department. As a matter of fact, something that is a good news now is that the new Chief of the Miami -Dade Police, School Police, is a person that worked in the City ofMiami Police Department here and was just recently the person in charge of the College ofPolicing [sic]. So this resolution was requested by the County. They're getting all the cities, all the municipalities in support of this roundtable. All the measures will have to come back to the legislative bodies of all the communities and the municipalities if there is something that the roundtable decides that it should be done. So this is just a symbolic support for the roundtable and for the roundtable to move on with the discussions about safety in the schools. Commissioner Carollo: Move it. Chair Sarnoff Thank you, Mr. Mayor. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by -- sorry -- a motion by Commissioner Carollo, second by Commissioner Suarez. Anyone wishing to be heard on this dais? Discussion? No? Vice Chair Gort: Question. Chair Sarnoff Go ahead. Vice Chair Gort: Mr. Mayor, I just would like to make sure that this coordination among all the public safety forces, they're going to be in, because, a lot of times, we made the agreements and then we ignore the agreements. I think this is something that got to be followed up constantly, and they have to be in contact constantly. City ofMiami Page 58 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mayor Regalado: Right. Vice Chair Gort: So I'm asking you, since you're going to be part of that, to please make sure they do that. Mayor Regalado: Right. The last time that all these agencies met was in Miami High auditorium, and it was like three months ago. Superintendent Carvalho plans to call for a meeting, I guess, in -- before school starts, so some measures. But, still, some of the recommendations, if, in fact -- like, for instance, someone said, "Well, we should have a police officer in every school." But that's good for a small municipality, but Miami has 52 public schools in the municipality. It would have been 52 officers deployed. And so they changed the dynamic, and what they're doing now is coordinating, and the office of the Superintendent is coordinating that. But, yes, it will be a follow-up, because that's what the roundtable purpose is. Vice Chair Gort: Lot of communications. Chair Sarnoff All right. Any further discussion? Hearing none, then all in favor, please say "aye. " The Commission (Collectively): Aye. RE.6 RESOLUTION 13-00590 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner MANAGER TO UNDERTAKE ALL NECESSARY ACTIONS TO PROCURE AND Francis Suarez IMPLEMENT A GUNFIRE LOCATOR SYSTEM IN THE CITY OF MIAMI, IN PARTICULAR, A FOUR (4) SQUARE MILE AREA INCLUDING , ONE (1) SQUARE MILE IN OVERTOWN, TWO (2) SQUARE MILES IN LIBERTY CITY, AND ONE (1) SQUARE MILE IN LITTLE HAITI. 13-00590 Letter - ShotSpotter Flex.pdf 13-00590 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0218 Commissioner Spence -Jones: Okay, Mr. Chairman, I'm leaving. Is there anything in particular -- I know you have the Brickell, and l just wanted to make sure on my side with my fellow Commissioners, I support 100 percent. We did remove Overtown out of that piece, so that's not going to be included. Andl don't know if we're going to deal with the gun issue today, Francis or --? Commissioner Suarez: I would like to, yes. Commissioner Spence -Jones: Okay. So I just want you to know I support it 100 percent -- Commissioner Suarez: Thank you, Commissioner. Commissioner Spence -Jones: -- and I'm ready to get started whenever you want to. City of Miami Page 59 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Suarez: Okay. Thank you. Commissioner Spence -Jones: Sony. Chair Sarnoff You're recognized for the record, Commissioner Suarez -- Commissioner Suarez: Thank you, Mr. Chairman. Chair Sarnoff -- on RE. 6. Commissioner Suarez: Thank you. Just give me a second here. Vice Chair Gort: Did we finish all the public hearings? Chair Sarnoff No. We didn't do -- I -- he had a time certain. Vice Chair Gort: Oh, okay. Chair Sarnoff That's why I'm giving it to him. You want me to --? Go ahead. Commissioner Suarez: Thank you. Yeah, it's very simply -- I mean, this is an issue that we've discussed for multiple Commission meetings and had multiple discussions with the City ofMiami Police Department to try to find more solutions to our inner city gun violence, and this is a resolution of the City Commission directing the City Manager to undertake all necessary actions to procure and implement a gunfire locator system in the City ofMiami; in particular, a four -square- mile area, including one square mile in Overtown, two square miles in Liberty City and one square mile in Little Haiti. These areas were obviously chosen and the boundaries were chosen on the basis of gunshots and where they are reported in the City ofMiami, and, you know, we fully expect and hope that my colleagues on the CRA (Community Redevelopment Agency) Board will help subsidize this by paying for the areas that are within a CRA boundary. So with that being said, I move the item. Chair Sarnoff We have a motion. Is there a second? Vice Chair Gort: Second. Chair Sarnoff We have a second. This does not require public discussion. Commissioner Suarez: No. Chair Sarnoff All in favor, please say "aye. The Commission (Collectively): Aye. Commissioner Suarez: Thank you. RE.7 RESOLUTION 13-00581 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (DEPARTMENT), FOR THE TRANSFER OF STATE ROAD 5/US-1/BRICKELL AVENUE, MIAMI, FLORIDA, FROM THE DEPARTMENT STATE HIGHWAY City ofMiami Page 60 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 SYSTEM TO THE CITY OF MIAMI ("CITY") STREET SYSTEM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER AGREEMENTS, PERMITS AND ANY OTHER RELEVANT DOCUMENTS THAT MAY BE REQUIRED TO EFFECTUATE THE TRANSFERS. 13-00581 Summary Form.pdf 13-00581 Letter - Proposed Roadway Transfers to City of Miami.pdf 13-00581 Legislation.pdf 13-00581 Exhibit 1.pdf 13-00581-Memo-Substitution for RE.7 Roadway Transfers.pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-13-0219 Chair Sarnoff All right, public hearings. We have PH.1. George, would you mind ifI just do Brickell real fast? George Mensah (Director, Community Development): No. Chair Sarnoff Mr. Manager, are you okay with doing Brickell? Could we start Brickell and --? Johnny Martinez (City Manager): Yeah, go right ahead. Chair Sarnoff Okay. Nzeribe Ihekwaba (Director, Public Works): Good afternoon. Nzeribe Ihekwaba. RE.7 is a resolution authorizing the City Manager to execute roadway transfer agreements with Florida Department of Transportation for the transfer ofBrickellAvenue to the City ofMiami street system. There has been a substitution item to this. Previously, the City Manager's Office had distributed an amendment deleting the need to make certain transfers from the City's system -- rather, from the City system to FDOT (Florida Department of Transportation), and those streets are Northwest 3rd Avenue, Northwest 3rd Court. And again, this afternoon, we make further amendment to delete Northwest and Northeast 1st Street, Southwest and Southeast 3rd Street -- 1stStreet. The City Administration is researching further to determine appropriate right-of-ways [sic] to transfer to State Department of Transportation. At this time, the only item that you'll be considering is to make a formal transfer of Brickell Avenue from Southwest 8th Street to Southwest 25th -- 26th Street -- Road. Any question? Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff We have a motion. Is there a second? Commissioner Suarez: Second. Chair Sarnoff Second. Any discussion? Commissioner Suarez: Just real quick. Chair Sarnoff Go ahead. City ofMiami Page 61 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Suarez: Thank you, Mr. Chairman. I just want to make sure that whatever -- like the trade to be named later, the streets to be named later, they're going to come back to the City Commission for approval. Mr. Martinez: Absolutely, sir. Commissioner Suarez: Okay. Mr. Martinez: Absolutely. Commissioner Suarez: Thank you. Chair Sarnoff All right. Any further discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. Later... Chair Sarnoff Go ahead. Commissioner Carollo: Yeah. Mr. Chairman, why are we skipping RE.7? Chair Sarnoff RE.7. Commissioner Carollo: We went to RE.8. We went from RE.5, which the Mayor is not here, to RE.8. Chair Sarnoff We already passed it. Commissioner Carollo: RE.7 passed? What was the vote? Chair Sarnoff Three -zero. Mayor Tomas Regalado: You want to do RE.5? Commissioner Carollo: One second. Mr. City Clerk, if RE.7 was passed 3-0, is there any way thatl could put in something on the record of it or does it have to be reconsidered or --? Todd B. Hannon (City Clerk): No, no. I mean, if you want to place something on the record for RE.7, we can certainly make it a part of the minutes. Commissioner Carollo: Yes. The only thing with RE.7, that I spoke Senator Diaz de la Portilla, and he said that there is actually funding that goes to BrickellAvenue right now, andl wanted to make it part of the legislation that it goes to -- that it will come to the City ofMiami, but didn't read any of that in this resolution, because I -- you know, obviously, I understand we -- right now, we take care of the maintenance, but I think the resolution goes beyond that. It goes into the bridge and other areas. Chair Sarnoff We're not taking the bridge. We're not going that far out. We're at Southwest 8th Street. South is the part that they're offering us. Commissioner Carollo: I actually saw the documentation, and it included a bridge. Now, I would -- City ofMiami Page 62 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Vice Chair Gort: It was as amended. Commissioner Carollo: You know my -- okay. Listen, it passed, 3-0. I understand that, but is there any way to put the language in there so we do get money from the State? Do you understand what I'm saying? Chair Sarnoff I'd love to get money from the State, but I don't know if that's on the table or not, and I can tell you the bridge is not part of this -- it was Southwest 8 th Street south to Southwest 25th Road. Unidentified Speaker: (UNINTELLIGIBLE) Rickenbacker. Chair Sarnoff Right; where the Rickenbacker starts. Is that -- Do you want to go on the record? Alice Bravo: Yes. Alice Bravo, Assistant City Manager. The earlier item to accept jurisdiction of Brickell Avenue stems from approximately Southwest 26th Road, exactly where 1-95 begins at a juncture with US 1, and north to Southwest 8th Street. So it's only that segment, and that's about three blocks south of the Bascule Bridge over the Miami River. Vice Chair Gort: My suggestion is that, because we've received a lot of e-mails (electronic) about some of the streets within the downtown area. Explain to Commissioner Carollo the amendment that was imposed here on the dais. The -- according to what we have in the books, it was amended here on the floor. Ms. Bravo: Right. There was a prior substitution item that eliminated the transfer of two streets from the City to FDOT, and we further amended that to remove the Southwest 1st Street, and Southeast 1st Street, and Northeast/Northwest 1st Street from the resolution. So today's action simply was an acceptance of Brickell Road that still requires further procedures with FDOT. And very recently in the last year or so, FDOT completed a project to rehabilitate all the pavement, which is concrete pavement in that area; more durable and construct a new pump station. And we're responsible by previous maintenance agreements for the maintenance of that pump station. Vice Chair Gort: Thank you. Grace Solares: Mr. Mayor -- I mean Mr. Chairman, ifI may. What Mr. Carollo or Commissioner Carollo is saying is correct. I mean, if it's -- it may not be. However, in the document that you're going to be signing says that the City accepts all responsibility for the road right-of-way and for operation and maintenance of the roadway, including bridges, and this agreement calls for curbs, and this and that. Chair Sarnoff There are no bridges on Brickell. Ms. Solares: So I would request then that you remove -- Vice Chair Gort: There's no bridge. Chair Sarnoff There are not bridges. There's no bridges between Southwest 8th Street to 22nd Street. Ms. Solares: I understand that, but it shouldn't be here. Ms. Bravo: It's a generic agreement that FDOT -- they have standardized forms for these transfers. City of Miami Page 63 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.8 13-00639 Ms. Solares: I know, but just in case. Vice Chair Gort: By the way, I think as people in -- it's important for the people to understand, because I have had an office in Brickell for the last 20 years. When you go to FD -- the transportation standard of the State of Florida, the speed limit goes up to 45 miles an hour. And that's -- there's a lot of pedestrians today. With the amount of residents that we have there, there's a lot of people crossing the Brickell area, and it's kind of difficult when you have people going at 45 miles an hour. That's one of the things. At the same time, all the design that they wanted to do, the people in the Brickell Area Association, Brickell Homeowner Association wanted to make it a little different. They couldn't do it because it has to be according to FDOT standard, which is completely different to the City ofMiami standard. So that's why the Chairman brought this change, because the people in that area that live there and have business there requested it. I'm sorry. I (UNINTELLIGIBLE). Chair Sarnoff Want to move on? Okay. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), ACCEPTING THE ATTACHED CITY CLERKS OFFICIAL CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS FOR THE ELECTION CONDUCTED DURING THE PERIOD OF APRIL 29, 2013 THROUGH JUNE 4, 2013 FOR THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT. 13-00639 Legislation.pdf 13-00639 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0226 Chair Sarnoff Okay, we have done -- we are now at the RE.8. ToddB. Hannon (City Clerk): I'm sorry, Chair. I believe we still have RE. 5 on the agenda? Chair Sarnoff We do? Oh, I'm sorry, you're right. I crossed it out. I apologize. So RE.5 Johnny Martinez (City Manager): The Mayor was going to come down for this item. Chair Sarnoff Okay. So we'll go past RE.5, Mr. Clerk. Mr. Hannon: Yes, sir. Do you want to go to RE.8? Chair Sarnoff And we'll move to your item, RE.8. Mr. Hannon: Yes, sir. Chair Sarnoff You're here, right? City ofMiami Page 64 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Hannon: Good afternoon, Chair and Commissioners. RE.8 is a resolution accepting the City Clerk's official certification declaration of the results of the Wynwood Business Improvement District election conducted during the period of April 29 through June 4. Before a motion is made, I need to -- before a motion is made on this item, I would like to place into the public record the certification declaration summary for the WynwoodBlD (Business Improvement District) election. This information was sent to the Commissioners via e-mail (electronic) on June 5, 2013. This submittal will amend the legislation, and therefore will need to be adopted with modificationsjust because I'm including it, you know, in the public record. Chair Sarnoff Okay. So we're looking for a motion as modified? Mr. Hannon: Yes, sir. Vice Chair Gort: Move it. Chair Sarnoff There's a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any further -- or any discussion? Hearing no discussion, all in favor, please say "aye.' The Commission (Collectively): Aye. RE.9 RESOLUTION 13-00664 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Clerk SECTION 170.07, FLORIDA STATUTES, FIXING THURSDAY, JULY 25, 2013 AT 2:30 P.M. AT CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133 AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT, PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL ATTACHED TO RESOLUTION NO. 13-0136, ADOPTED APRIL 11, 2013, AND ON FILE WITH THE CITY OF MIAMI CLERKS OFFICE, OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING THE IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 13-0136. 13-00664 Legislation. pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0228 Chair Sarnoff RE.9 is the setting -- Mr. Clerk, you'll tell us what it is. ToddB. Hannon (City Clerk): Yes, sir. RE.9 is a resolution that establishes a date, time, and City of Miami Page 65 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 location for the Commission to conduct a public hearing that approves the levying of a special assessment in the Wynwood Business Improvement District and allows property owners affected by the assessments to address the Commission. 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? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 13-00668 District4- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Commissioner MANAGER TO ENSURE THE PARTICIPATION OF THE CITY OF MIAMI Francis Suarez POLICE DEPARTMENT IN THE OFFICE OF MIAMI-DADE COUNTY PROPERTY APPRAISER'S TASK FORCE TO INVESTIGATE HOMESTEAD EXEMPTION FRAUD WITHIN THE CITY OF MIAMI, SPECIFICALLY BY ASSIGNING ONE CITY OF MIAMI POLICE DETECTIVE TO SAID TASK FORCE. 13-00668 Legislation.pdf 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-13-0230 Chair Sarnoff RE.10. Commissioner Suarez: Thank you, Mr. Chairman. Sorry. RE.10 is a resolution of the City Commission directing the City Manager to ensure the participation of the City ofMiami Police Department in conjunction with the office of the Miami -Dade County Property Appraiser's Task Force to investigate homestead exemption fraud within the City ofMiami, specifically by assigning one City ofMiami police detective to the task force. Basically, our new Property Appraiser has done a preliminary determination that there are several hundred thousand dollars of improperly placed homestead exemptions on properties in the City ofMiami, and had -- I was working with the Property Appraiser to marshal some resources from the City ofMiami, some police resources to help them in their efforts to root out this exemption fraud and so that we can recapture those funds for our general fund. It will more than pay for, you know, the police resources that are needed to investigate this, andl would add that we should probably use -- we should probably put the money that we recover from this in a special revenue fund for the Police Department and for police -related activities. So that's my motion, and hope to have my colleagues' support. Vice Chair Gort: Move it -- second. Chair Sarnoff We have a -- You did the motion, right? City ofMiami Page 66 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Suarez: Yeah. Yeah. Chair Sarnoff I'm going to take it as a motion by Commissioner Suarez, second by Commissioner Gort. Any discussion? Commissioner Carollo: Yes. Chair Sarnoff You're recognized for the record. Commissioner Carollo: And by the way, I support all, all investigations, especially with any type of fraud especially homestead exemption fraud that, you know, we've known that it's going on for quite some time. However, as far as putting any revenues generated from that into a special revenue fund for the Police Department, I don't have a problem with that. I just want to make sure what is that going to be spent on, and can that supplement the general fund also, come budget time for police activities. Commissioner Suarez: I think that's fine. I think the only thing that, you know, we're obviously scrounging for different ways to increase the number of police officers. If we determine that there's a couple hundred thousand dollars or more worth of homestead exemption fraud that is recurring income to the City ofMiami that could pay for one, or two additional police officers. And so since we -- andl know we talked about it in the meeting earlier, you know, what are the priorities of funds that are generated, but I don't think that there's anyone on this dais that debates that one of our major priorities is having as many police officers as possible on the beat so that our crime rate can start going down instead of up. Commissioner Carollo: No, absolutely. I'm just -- you know, and again, it's, you know, as a discussion. Commissioner Suarez: Yeah. No, no. Commissioner Carollo: Not to mention brainstorming to a certain degree -- Commissioner Suarez: Yeah. Commissioner Carollo: -- in our discussion. If it generates 2 or $300, 000 that's going to be generating it year after year after year, because it's going to be recurring -- Commissioner Suarez: Exactly. Commissioner Carollo: Is that constantly going to be going to a special revenue fund year after year, or --? You understand what I'm saying? Commissioner Suarez: Yeah, I know. Commissioner Carollo: Andl would probably venture to say after the first year or two -- and I'll yield to the Chief -- that we crack down on most homestead exemption fraud I would imagine the amount would -- Commissioner Suarez: Hope so. Commissioner Carollo: -- will lessen and lessen, and it'll be less need of you know, an officer to be, you know, at least full time, andl would imagine you're thinking this position is going to be full time assigned to this task force? City ofMiami Page 67 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Commissioner Suarez: Well, I don't know exactly what the needs are going to be. I don't think the Property Appraiser has -- you know, he just wants to know that the resources are there, andl think he will employ them and train the officers as, you know, time permitting, whatever time allows, and then I'm sure it's going to involve a substantial amount of the officer's time, but I don't know that it will be a full time -- you know, that he'll be on there full time. Commissioner Carollo: Chief do you -- I'm sorry. Chief do you foresee this to be full time? Andl guess this is a budget question, though, the other question will be for Danny, but do you foresee this to be a full time? Do you --? Chief Manuel Orosa: Chief Manny Orosa, Miami Police Department. Let me open by saying that last year, we tried to get involved, because come contract negotiations, we were in need of money. Commissioner Carollo: Right. Chief Orosa: And we wanted to assign people there so that we can bring back the correct monies that the homestead should have in the City's properties, and we were not successful in order to be trained and investigate those cases. So I welcome Commissioner Suarez' motion. What I foresee is there's enough work there for somebody to be full time there. What I foresee is assigning somebody over there, which can go in the mornings, pick up a caseload, come back to the office and start their investigation. And then when they complete the caseload, they can go back and give it to the Property Appraiser, and then move forward that way. But that person will probably be tied up 100 percent of their time doing these type of fraud investigations. Commissioner Carollo: Okay. Andl don't have a problem with, you know, the large majority of that money going, you know, to the Police Department, but I -- it's just it's going to be something recurring year after year, and I'm just wondering if, you know, we should always have it in a special revenue fund. I know for the first year or two, hey, they need it to work, but then after that, you know, I don't know what the needs would be. I don't even know who -- which one of us will be here or not or -- Commissioner Suarez: Right. Commissioner Carollo: You understand what I'm saying? I'm just looking in the long run so. Commissioner Suarez: Yeah. I mean, I don't -- you know, that, to me, was kind of an add -on, just thinking that, you know, this was going to be a recurring revenue stream, and since we're trying to find additional funds to increase our police force, that would be an interesting idea. But I'm not -- you know, I think the, you know -- Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Suarez: Right. The more important thing is that, you know, the Property Appraiser has identified that there's several hundred thousand dollars worth of potential homestead fraud, but he needs some resources from our City to support his efforts in making sure that we take these people to task. Commissioner Carollo: And like I said, I'm supportive on, you know, an officer being assigned to the task force for homestead exemption fraud. Can I hear from our Budget Director, though, with regards to the special revenue and -- I want to get your opinion here. I'm putting you on the spot. Daniel Alfonso: Danny Alfonso, Budget Director for the City ofMiami. I would say, if an officer is going to work on fraud detection and whatnot, any revenue from it, because it is property tax City ofMiami Page 68 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 related, it would just go to the general fund, and let's decide to -- Vice Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: We can track the cases. We can track how much of an income it has, but, you know, the Police Department is subsidized significantly by the general fund, so setting money aside would just be more. Commissioner Carollo: By the way, and I guess that's where I'm a little -- I wouldn't say uncomfortable. Mr. Alfonso: Yeah. Commissioner Carollo: That's where I'm a little -- you know -- andl wanted to hear from Danny, also, because, usually, we think alike or financial people think alike. Not always, but -- Commissioner Suarez: That was an interesting phraseology, "The Police Department is subsidized by the general fund." But -- Vice Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: Right. Commissioner Suarez: No, I think the whole -- Mr. Alfonso: They do bring in some revenue -- Commissioner Suarez: -- City's subsidized by the general fund. Mr. Alfonso: They do bring in some revenue, but not enough to cover their expenses. Therefore, they are subsidized. Chair Sarnoff Subsidized by the general fund. Commissioner Suarez: That's an interesting way of looking at it. Chair Sarnoff (UNINTELLIGIBLE). Commissioner Suarez: Anyways that's fine, that's fine. I think I'll just make the motion as is. Vice Chair Gort: Mr. Chairman. Mr. Alfonso: Thank you. Commissioner Carollo: Second. Chair Sarnoff We have a motion. We have a second. Vice Chair Gort: Second. Commissioner Carollo: Second. Vice Chair Gort: For discussion. Chair Sarnoff And Commissioner Gort's recognized. City of Miami Page 69 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.11 Vice Chair Gort: Let me ask you a question. Since we're in such friendly terms with the County and the school system and everybody, let me bring this up: Squatters. We have a major problem in my neighborhood, and I'm sure all the neighborhoods, where people move into the home. They think they have a lease, and they move in, and there's nothing we can do. My understanding is the County came up with a solution where the owner of the property goes with the police officer, and they go to the house where the squatter is living at this time. They can remove them. Chief Orosa: Well -- Vice Chair Gort: And my understanding is Dade County has worked with us before, but our Police Department, it was recommended by the Attorney not -- that we can't do it? Chief Orosa: No. The County does it in a way that it is afraud against the bank or a fraud against the homeowner. Vice Chair Gort: Right. Chief Orosa: And basically, we have to get some of our people trained in order to do that. The problem comes that as soon as the homeowner feels a little bad for kicking these people out and allows them to stay for just one more minute, they're there forever. Then you got to go through the eviction process. So we're getting personnel trained to be able to do that, and we will be, in the near future, we will be able to have specialized people, such as the NRO's (Neighborhood Resource Officer) trained so they can do that. But as soon as the homeowner feels a little bit sorry for the person -- Vice Chair Gort: Well, I think the homeowner has got to be notified that if you feel sorry, well, there's nothing we can do. Chief Orosa: Exactly. Vice Chair Gort: Then you can go through the process. Chief Orosa: It's a process of (UNINTELLIGIBLE). Vice Chair Gort: I mean, if you're going to come to us and you're going to waste our time, I don't know, there might be even a charge to it. Chief Orosa: Correct. Vice Chair Gort: So -- but I would like to see this in play, because that's an abuse. You have a lot of property owners, you have people moving in their homes, and there's nothing they can do. It's -- Chief Orosa: We're getting our people trained, sir. Chair Sarnoff All right. Vice Chair Gort: Thank you. Chair Sarnoff RE.10, all in favor, please say "aye.' The Commission (Collectively): Aye. RESOLUTION City of Miami Page 70 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00591 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 13, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-032, FROM JVA ENGINEERING CONTRACTOR, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE SILVER BLUFF DRAINAGE IMPROVEMENTS (AREA 1A-1) PROJECT, B-30776, IN THE AMOUNT OF $557,677.55, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $55,767.75, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $613,445.30; ALLOCATING FUNDS IN THE AMOUNT OF $613,445.30, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30776; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00591 Summary Form.pdf 13-00591 Legislation.pdf 13-00591 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0229 Chair Sarnoff RE.11. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, Assistant Director of Capital Improvements Program. RE.11 is a resolution of the City of Miami Commission accepting the bids received for JVA Engineering Contractor for the construction of the Silver Bluff Drainage Improvement project, Phase JA in the amount of 557, 677, plus a 10 percent owner contingency amount of $55,767.75 for a total not -to -exceed award value of 613,445. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Vice Chair Gort: Discussion. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Commissioner Gort is recognized for the record. Vice Chair Gort: One of the biggest complaints that we receive -- I know we subcontract all those engineers and architects to design a lot of our roadways and projects that we 're going to do within our neighborhood. My understanding, a lot of time, they -- when we approve the funds in here, and we expect it to be implemented right away, we get the answer back from you all, well, it takes the -- six months to do the planning and the -- all the documentation that needs to be done. My question to you is: Can you request of this engineer -- and you're an engineer yourself -- or this architect that they can come up with the drawings a lot faster than that? City of Miami Page 71 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Because a lot of times, when they have a contract with the public sector, they have a contract with the private sector, they know the public sector is there, so they're going to take care of the private sector first before they take the public sector. So I'd like to see how we can expedite some of that. Some of the problems we have with CDBG (Community Development Block Grant) funds right now is we cannot do -- expedite our -- what do you call it? -- our projects because of that. So I'd like for you all to please see how you can -- and I've asked all the directors, come back to us and let us know. Give us directions or let us know what we can eliminate in the process, because some of our process is very lengthy. It's got to go through three, or four or five different offices and people have to sign, and sometimes, it sits on people's desk. So any suggestion that you all have, bring it to us so we can make some changes. Commissioner Carollo: Commissioner. Vice Chair Gort: Yes. Johnny Martinez (City Manager): Commissioner, we're aware of the situation, and we're pressing the consultants to do the work quicker. We're also trying to develop an expedite list, not for the major projects, but the routine, milling, and resurfacings and things like that, to just be on an expedited list, and asking you to trust us to get those out; big projects, like probably this one or 2ndAvenue or -- you know, that would come before the Commission. But we're very well aware of what you're saying, and we're definitely trying to squeeze the consultant to produce the plans. Another thing we're doing is we're actually walking the -- going out to the field and looking at the projects to make sure we're not over-scoping the project and over -designing, and then having -- have to come back -- Vice Chair Gort: Right. Mr. Martinez: -- and reduce the plans. Vice Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. And I'm glad Commissioner Gort brought that up. And Commissioner Gort, that was a discussion item thatl brought up two or three times, the CIP (Capital Improvements Program) process, because it's just taking forever, and we came to the conclusion that by the time it passes Commission, it takes over a year for a shovel to hit the ground, and that's just unacceptable. And I've been pressing quite a bit. I've been working with the Manager. I have to admit, he's done very good with whatever we've been able to work with, but you're right. I see that sometimes, plans -- it's like a general, "Oh, that's going to take three months," and it shouldn't take three months. And then -- I forgot what's the next step, but that takes another three months, and the bottom line is from Commission approval to a shovel in the ground takes over a year, and that's just unacceptable. There's other projects, that it's just a simple milling and resurfacing, you know. Well, it goes through the whole process, and it takes a year, and it shouldn't be, so that's something I've been working with our Administration and our Manager, andl have to admit, you know, and I've said it before, you know, I've been very critical of the Manager, especially when it comes to finances, but when it comes to CIP projects, when it comes about engineering and stuff like that, I mean, he really knows his stuff. He's been very, very helpful, andl have to admit, you know, at least in District 3, we're finally starting to like really see the CIP projects moving along, and a lot of that has to do with our City Manager, so. Chair Sarnoff Personally, I think you know cars a little better. City of Miami Page 72 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.12 13-00592 Department of Capital Improvements Program Judith Sandoval: Can I ask a question? (UNINTET,TIGIBT,F) my neighborhood. Chair Sarnoff It's not a public hearing. It's not a public hearing. Vice Chair Gort: You can go ask him, yeah. You can go ask him, over there. Chair Sarnoff I mean, just -- why don't you take it privately with the Manager and ask him some questions. Ms. Sandoval: Okay. Chair Sarnoff Or meet with the Commissioner of the district. That's all. Vice Chair Gort: Okay. Chair Sarnoff All right. So RE.11, all in favor, please say "aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 16, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-036, FROM E&M EQUIPMENT CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE DISTRICT 3 - ROADWAY, TRAFFIC, AND DRAINAGE IMPROVEMENTS (PART 1) PROJECT, IN THE AMOUNT OF $654,410.62, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $65,441.06, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $719,851.68; ALLOCATING FUNDS IN THE AMOUNT OF $719,851.68, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-40302, B-40312 AND B-40313, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00592 Summary Form.pdf 13-00592 Legislation.pdf 13-00592 Exhibit 1 .pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0231 Chair Sarnoff RE.12. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, Assistant Director, Capital Improvements Program. RE.12 is a resolution of the Miami City Commission accepting the bids received from E&MEquipment Corporation for the construction of the District 3 Roadway, Traffic and Drainage improvement, Part 1, for the amount of 654,410 for the scope of work, plus a 10 percent owner's contingency in the amount of 65,441, for a total not -to -exceed City of Miami Page 73 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.13 13-00593 Department of Capital Improvements Program award value of 719, 851. Commissioner Carollo: Move it; discussion. Chair Sarnoff We have a motion by Commissioner Carollo. Second -- Vice Chair Gort: Second. Chair Sarnoff -- by Commissioner Gort. Commissioner Carollo, you're recognized for the record. Commissioner Carollo: I just want to state for the record, just because there's a 10 percent contingency doesn't mean that I expect that all the money gets used up. I mean, it's a contingency just in case, you know, something goes wrong, but that doesn't mean that the whole amount, I expect, will get expended. Is that understood, Mr. Manager? Johnny Martinez (City Manager): Yes, sir. Commissioner Carollo: Thank you. Chair Sarnoff All in favor, please say "aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 22, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-039, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE DISTRICT 3 - ROADWAY, TRAFFIC AND DRAINAGE IMPROVEMENTS (PART 3) PROJECT, IN THE AMOUNT OF $389,873.87, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $38,987.39, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $428,861.26; ALLOCATING FUNDS IN THE AMOUNT OF $428,861.26, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-40301, B-40308, B-40315, B-40307 AND B-40309; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00593 Summary Form.pdf 13-00593 Legislation.pdf 13-00593 Exhibit 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0232 Chair Sarnoff RE.13. City of Miami Page 74 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Vice Chair Gort: RE.12, did we --? Chair Sarnoff Didn't we just do 12? Commissioner Carollo: That was RE.12. Vice Chair Gort: That was RE.12. Commissioner Carollo: Yeah. Vice Chair Gort: Okay, no, but he said RE.13. Chair Sarnoff I'm sorry. It's now RE.13. Vice Chair Gort: Okay. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, Assistant Director, Capital Improvements Program. RE.13 is a resolution of the Miami City Commission accepting the bids received from Metro Express for the construction of the District 3 Roadway, Traffic and Drainage Improvement, Part 3, for the total amount of 389, 873 for the scope of work, plus a 10 percent owner's contingency in the amount of 38,987, for the total not -to -exceed award value of 428, 861. Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Vice Chair Gort: Well, I want to make sure the discussion we've had about the -- this corporation here. My understanding is they're the lowest bid always. They have about four different projects right now within the City ofMiami. I just want to make sure you supervise it well, that they do the job in every one of the projects the way it should be done. Mr. Rodriguez: Commissioner, we had that discussion with them. I specifically met with the owner of the company andl expressed the same concerns to him, and he assured me that their company is well capable of handling the amount of volume that they have with us. In addition to that, I told him that was going to follow up with a formal letter voicing our concern so they can respond to us in writing, assuring us that they have the capabilities to handle the amount of volume. Vice Chair Gort: Also, at the same time, my understanding is you're going to be monitoring, if they have problems, they're going to be part of the record so when -- if they submit their RFP (Request for Proposals) one more time, that could be held against them. Mr. Rodriguez: That is correct. There are several things that we can do with them. We can -- actually, when application for payment comes in, if there's any problems with the work done or timing and so on, we have the ability to do something about that; liquidated damages at the end of the projects if they do not comply with the time frame. And also, at the end of the job, we will have an evaluation of the contract, which could be used in future awards. Vice Chair Gort: Thank you. City ofMiami Page 75 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.14 13-00622 Department of Capital Improvements Program Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Commissioner Gort, these projects are in District 3. I have -- as far as my knowledge, have no conversations or contact with this company. However, I can assure you, we're going to be reviewing, looking after; and ifI have any issues, I will be bringing it back to this Commission. So I can assure you that, okay. Vice Chair Gort: They're going to do their first one in my district, so I want to make sure of the second one. Commissioner Carollo: Yeah. I don't know -- really, as far as my knowledge, I don't know who they are, butt could tell you, ifI have any issues, be prepared; I will be bringing it back to this Commission. Chair Sarnoff All right. So we have a motion, and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT WITH PEREZ-GURRI CORPORATION D/B/A N&J CONSTRUCTION, FOR THE CARIBBEAN MARKETPLACE RENOVATIONS PROJECT, B-30671, FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $10,120, THEREBY INCREASING THE AWARD VALUE FROM $873,462.45 TO AN AMOUNT NOT TO EXCEED $883,582.45; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30671; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 13-00622 Summary Form.pdf 13-00622 Pre-Legislation.pdf 13-00622 Caribbean Marketplace Renovation.pdf 13-00622 Legislati on. pdf 13-00622 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0233 Chair Sarnoff RE.14. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, Assistant Director of Capital Improvements Program. RE.14 is a resolution of the Miami City Commission authorizing an increase to the contract with Perez-Gurri Corporation, d/b/a (doing business as) N&J Construction, for the Caribbean Marketplace Renovation project for additional work, in an amount not to exceed $10,120, thereby increasing the contract capacity value from 873,462 to an City of Miami Page 76 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 amount not to exceed 883, 582. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.15 RESOLUTION 13-00431 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), ALLOWING FOR THE COUNTY AND ITS CONTRACTOR(S) TO ACCESS APPROXIMATELY 75,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR CONSTRUCTION STAGING ACTIVITIES RELATED TO THE REHABILITATION OF BRIDGE NO. 874541 (WEST BRIDGE) AND BRIDGE NO. 874544 (BEAR CUT BRIDGE) ON THE RICKENBACKER CAUSEWAY; ESTABLISHING A USE FEE OF TWO THOUSAND DOLLARS ($2,000) PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. 13-00431 Summary Form.pdf 13-00431 Legislation (Version 2).pdf 13-00431 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.15 was deferred to the June 27, 2013 Commission Meeting. RE.16 RESOLUTION 13-00641 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE BY AND BETWEEN FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE") AND THE CITY OF MIAMI ("CITY") DATED AS FEBRUARY 1, 2010 ("AGREEMENT TO ENTER"), IN SUBSTANTIALLY THE ATTACHED FORM, PROVIDING FOR, INTERALIA: (1) EXTENDING THE POSSESSION DATE FROM SEPTEMBER 1, 2013 TO JUNE 2, 2014, OR City of Miami Page 77 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 SOONER AT FLAGSTONE'S OPTION; (2) EXTENDING THE LEASE DELIVERY DATE ALSO KNOWN AS OUTSIDE DATE FOR THE MARINA COMPONENT FROM SEPTEMBER 1, 2013 TO JUNE 2, 2014, OR SOONER AT FLAGSTONE'S OPTION; (3) BEGINNING OCTOBER 1, 2013, INCREASING FLAGSTONE'S MONTHLY PAYMENT TO THE CITY TO $83,333.33 TO AN ANNUAL PAYMENT OF ONE MILLION DOLLARS ($1,000,000.00); AND (4) RATIFYING ALL OTHER TERMS OF THE AGREEMENT TO ENTER. 13-00641 Summary Form.pdf 13-00641 Agreement to Enter Group Lease (Part 1).pdf 13-00641 Agreement to Enter Group Lease (Part 2).pdf 13-00641 Agreement to Enter Group Lease (Part 3).pdf 13-00641 Legislation. pdf 13-00641 Exhibit 1.pdf 13-00641-Submittal-Island Gardens. 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 Noes: 1 - Commissioner(s) Carollo Absent: 1 - Commissioner(s) Suarez R-13-0217 Chair Sarnoff Okay, can anybody see if the -- if Commissioner Carollo's available or Commissioner Suarez? Commissioner Suarez: I'm right here. Chair Sarnoff Oh, I -- sorry. Man, I -- I'm going to just start wearing glasses. All right, let's get started. You're recognized for the record, Mr. Torres [sic]. Henry Torre: Good morning, Commissioners. Henry Torre, director of Public Facilities. RE.16 is a resolution authorizing the City Manager to execute the first amendment to the amended and restated agreement to enter into a ground lease by and between Flagstone Island Gardens and the City ofMiami; providing for, number one, extending the possession date from September 1, 2013 to June 2, 2014, or sooner at Flagstone's options; number two, extending the delivery date, also known as the outside date for the marina component, from September 1, 2013 to June 2, 2014, or sooner at Flagstone's option; number three, beginning October 1, 2013, increasing Flagstone's monthly payment to the City to 83,333, to make it an annual payment of $1 million; and lastly, number four, raging all other terms of this agreement to enter. Chair Sarnoff All right. Public hearing is opened. You're recognized for the record, Ms. Dougherty. Lucia Dougherty: Good after -- good morning, Mr. Chairman and members of the Commission. Lucia Dougherty and Iris Escarra, with offices at 12 -- excuse me -- at 333 Avenue of the Americas, in downtown Miami. We're very excited to be here today on behalf of the Related Companies, which has entered into a letter of intent with Island Gardens, who -- to develop this project. Natalie Gulley is here on behalf of Island Gardens and Jorge Perez and his colleague, (UNINTELLIGIBLE) Paul, are here on behalf of the Related Companies. If we are able to have your favorable vote today, which is really an extension of when to start the marina, we will be back to you in November with a lease modification, an assignment, and the modification to the actual project itself. And again, we intend to be back here in November, one, because it's very City ofMiami Page 78 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 important for us to enter into the contracts with our retailers and our hotel partners. We plan to complete the project by 2017, and you may recall that at the time, we -- we were not even going to complete the marina by that time. So all of this is going to be completed all at once, as opposed to a phased project, which we had intended to begin in September. So if we have your favorable consideration of this modest extension of time to start the marina, we intend to complete the entire project by 2017. By giving this extension does not mean that we are going to delay the project at all and you will get the same amount of money as if we were to start. In other words, you'll be getting million dollars a year, beginning October 1. I'd like to now introduce Jorge Perez, whose enthusiasm for this project is really quite infectious. And we've passed out some booklets to show you the modified design. Jorge Perez: Good morning. Thank you for having me here. First of all, there's been a little confusion as to which Related. You know, we both have Related Companies and Related Group. This is a joint venture between both companies, so we are fully engaged, both New York equally and Florida equally in this -- on this process, just like we did in City Place in West Palm Beach. What we have been trying to do here -- and you'll see the reasons for this request for an extension -- is try to -- we studied for six months intently and spent actually millions of dollars in architecture, as you will see, to try to get a project that makes economic sense. You know, when we looked at it, we said, what do we need to anchor this? This is an over -billion -dollar investment, way over a billion dollar investment. And what do we need this to anchor, you know, for us to put in a lot of money and to attract both, you know, lenders and other outside equity money, 'cause it's a huge job? And the answer that came back is that we needed to have a retail component of approximately 500,000 square feet that was waterfront -oriented, that Miami did not have that was necessary to both attract the hotels that we've been talking to. So we have spent the last, you know, six months going to the retail conventions and talking to, I think, almost every retailer in the country to try to position this job as one that will be a destination attraction for tourists, but it will also serve in middle income downtown market that, as you know, has been growing immensely. We position ourselves between Miami Beach and downtown. We will not be directly competitive. It will be different than City Center, which I think will be extremely successful. We'll be also very different from Craig Robin's design district, which has a much higher impact stores that would also be very different to this one. What we're trying to do here is back to the same two hotels. One is a luxury hotel and the other one is going to be an ultra luxury hotel. And the other one is going to be a mid luxury, you know, four -and five-star hotel, as originally planned. But what everybody wanted to see, including the hotels -- and we've had very commitments with the hotels -- is to see a retail component that made it a reason for people to come to this area, you know. And we, of course, sold Miami, you know, being, you know, five minutes from the beach and five minutes from downtown water taxi services and what this will mean. If you look at the development not only ofMiami but even Miami Beach, you will see that there's nothing that looks at the water, you know. In New York, in Chicago, you know, you're seeing major developments with huge restaurant facilities, great entertainment at night. We're looking at probably up to 100,000 square feet of convention facilities, so we can take the smaller conventions and the residual conventions from Miami Beach and creating a whole entertainment area, which the marina and everything will be there. Now, in order for us to do that -- and that's why we're here. First of all, I would not come here ifI didn't feel that the people that we've talked to have given us extremely positive things. I don't want to, you know, waste more millions of dollars in our -- and waste your time, and hate to come back over here and say, hey, we were not successful. So before we did this, you know, we wanted to go out and pretty close getting many of the retails that we think we need signed up and the hotel groups that we think we need signed up. So as you can see, this is going to be a totally oriented -- water -oriented project. It's going to have what call mid- to upper mid -level retailers, so I -- as I see it in the position, it'll be somewhere between Bal Harbor and the Dadeland Mall but all oriented towards the water, heavily pedestrian -oriented the whole waterfront will be activated. We want to work with the park to be next door. As you know, Miami is under park, you know. And we are going to be spending over the next -- another six months, like I said, a lot of money to try to then finalize the commitments that we need from the retailers. The retailers have said, "We want to know that City ofMiami Page 79 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 you have gotten your extensions from the state Right now that's very, very important. And all the approvals that you need." So we are not going to delay the final outcome, the date. We're still going for 2017. Actually, we hope, if we can move fast, that we can do 2016. All we are delaying is the start of the marina, because it is very, very, very important, in our opinion, that this project be completed as a whole, so everything must come at one time so we have a total development concept that works. So I am -- this is sort of a crowning achievement for me. This will be an amazing, amazing job that, again, would be, I think, magnificent for Miami. So I thank you for hearing us, andl hope that you agree with what we're requesting. Thankyou. Chair Sarnoff Thank you. You're recognized for the record. Mariano Cruz: Yeah, public hearing. Mariano Cruz, to be public hearing. I am here -- I don't get paid by Jorge Perez. Everybody say "George" Perez. I don't know George Perez. I know Jorge Perez, okay. And I know Jorge Perez for many years, and whatever he have done there, I know he's a man of his word. In Allapattah, whatever he did there, it's still there, civic towers, different things there. And knew him when he was a planner in the City ofMiami, plan -- City planner and look at that. And all the -- and this Flagstone has been coming here for years and years and years. I don't know how many, butt make a speech, everybody, all kind of lobbyists and nothing been done. Maybe now that George Perez or Jorge Perez getting, everything is going to be done properly, because also, we need that income. Remember that. Since I don't pay taxes to the City, maybe he will make up for what I don't pay. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on the public hearing? Mr. Muhammad, you're recognized for the record. Grady Muhammad: Good morning, Mr. Chairman. Grady Muhammad, president and CEO (Chief Executive Officer) of Miami -Dade First, 5422 Northwest 7th Avenue. Again, as the gentleman in the -- and the principal stated, this is going to be great for Miami. Forget all of the past things. We have people with credibility, reputations on the line, and more importantly, they're qualified, they're experienced, and they've delivered before, and without question, they'll deliver again. Thank you. Chair Sarnoff Thankyou. Anyone else wishing to be heard on the issue surrounding Island Gardens, Flagstone? Hearing none, seeing none, the public hearing is now closed, coming back to this Commission. Is there a motion? Commissioner Spence -Jones: So moved. Discussion. Chair Sarnoff We have a motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff Is there a --? Second by Commissioner Gort. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Thank you. I just have -- Henry, first of all, I want to at least officially applaud you for pushing hard to make sure -- I know that's one of the things that the Commissioners, all of us sitting up here, have asked that we take our assets and really look at better ways for us to get more resources out of the existing agreements. And one of the things thatl -- andl just want to officially put it on the record for those individuals that don 't really know what kind of just happened -- andl know that this particular project has been going on and on and on and it just doesn't stop. But finally, I think that everybody's a little -- definitely more comfortable with the project now. So just so we're clear, your department was able to definitely get an increase, correct, from the market -- for market rate, additional square footage, right? City ofMiami Page 80 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Torre: Commissioner, that is the direction we're taking. We're still in negotiations right now. But without question, we will be getting an increase not only in revenue; obviously, the additional square footage. You know, my estimation will create an -- over an additional 1,000 jobs also for the City ofMiami, which 40 percent will be City ofMiami residents. Commissioner Spence -Jones: Right. And then you also -- based upon what I'm understanding from my briefing, that you were able to also get an increase in the gross of sales, correct? Mr. Torre: This deal, it's 1 percent of gross sales, in addition to the minimum rent. So, obviously, we will be getting -- Commissioner Spence -Jones: Only reason why I'm having you repeat it, because it's important -- this has been going on and on and on. The public needs to understand what -- Mr. Torre: No, I understand, Commissioner. Commissioner Spence -Jones: -- just happened and what came out of the deal. Mr. Torre: I understand that. Commissioner Spence -Jones: So if you can just make it clear -- Mr. Torre: I do want to stress that we are in negotiations. We meet on a weekly basis. We have conference calls. The City is obviously looking towards maximizing the revenue as much as we can. The new square footage and the new hotel room count is being subjected to fair market rent of today's fair market rent. We have appraisals going forward. We're negotiating through that. So, yeah, it is the intent of the City -- not only do we support this, but we do -- you know, we are trying to get the additional revenue, which a large component of that could be, you know, estimated guaranteed additional revenue, possibly $45 million more to the City. Commissioner Spence -Jones: So that's the -- Mr. Torre: That's guaranteed. Commissioner Spence -Jones: -- number -one thing, which is great. Mr. Torre: Correct. Commissioner Spence -Jones: The other thing, based upon our briefings, the footprint has not changed. Mr. Torre: Correct. Commissioner Spence -Jones: And now parking is going to be put underground? Mr. Torre: Correct, Commissioner. Commissioner Spence -Jones: Correct? So -- Mr. Torre: Correct. Commissioner Spence -Jones: -- I think it's important for -- these are all things that you were able to work on. I think it's awesome that we have a hometown boy or guy or -- that's involved in this project. It's wonderful to see projects happening in Miami, and it's great when they come from other places, but it's awesome when they come from Miami, and we know already that he's City ofMiami Page 81 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 a great corporate citizen. The other issue that I love about it is in this particular project, we're getting more jobs, correct? Mr. Torre: Correct. Commissioner Spence -Jones: So I just want to make sure that the public knows that there's going to be more jobs coming out of this. Correct? Mr. Torre: Correct, Commissioner. Commissioner Spence -Jones: All right. And then the other issue thatl wanted to just mention during our -- I know Neil actually happened to have a briefing with the team on this. The only thing that wanted to make sure was -- and what --I know that he's already expressed to you is making sure the access to the waterways is a lot more open. When I look at the plans for it, you know, we want to really make sure it is accessible to the public. Mr. Torre: It is, Commissioner. Commissioner Spence -Jones: So -- I know. But I know that was one of the big issues that came out of the discussion, so that's the only recommendation I would make. It looked -- it just appears a little hard to get to. That's all. Mr. Torre: Okay. Commissioner Spence -Jones: So -- yeah. So here -- see what I'm saying, Henry? I just want to make sure that it doesn't feel like, you know, people can't really participate or be involved or -- in any way, so I just wanted to make sure. And that was my only issue. I support the project and Mr. Torre: Commissioners, ifI may, I want to add one very important point that they made. That they plan to finish construction by -- of the entire project in 2017, which would mean that we would be receiving percentage rent two years earlier than the previous plan. The old plan had a structured time period where -- for example, the retail and parking garage components were not required to be completed until 2019. Percentage rent commences three years after that fact. So there is additional financial benefit to the City, that we will be receiving the percentage rent, which is 1 percent of all gross revenue on the project two years earlier. Commissioner Spence -Jones: And then from the last meeting we had on this issue, I know that one of my main issues was the park, having the upgrade of the -- is it Japanese Park? Is -- Mr. Torre: Commissioner, all items that -- the 18 items that are required in the original agreement obviously are being assumed under this. Commissioner Spence -Jones: Right. Mr. Torre: So -- Commissioner Spence -Jones: And, again, I'm just -- only reason why I'm pulling it out of you, Henry, is because -- Mr. Torre: You want -- Commissioner Spence -Jones: -- somebody watching this for the very first time needs to understand what's coming out of it. City of Miami Page 82 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Torre: Correct. Commissioner Spence -Jones: So I'm not -- I know what it is, but I'm trying to make sure you communicate what it is. So out of this, we're also getting a great -- Mr. Torre: There is -- Commissioner Spence -Jones: -- upgrade in the park? Mr. Torre: Correct. There's a contribution -- I believe it is a million dollars -- to the park on flag -- in the area. Commissioner Spence -Jones: Okay. Is it in the area, or is it the Japanese Park? Mr. Torre: On Watson Island. Commissioner Spence -Jones: Okay. All right. And then the first source hiring agreement still remains in place? Mr. Torre: Correct. Commissioner Spence -Jones: And it will included a training -- skills training program that will start right after the actual agreement is --? Mr. Torre: It's going to start two months prior to the actual agreement starting. Correct? Yes. Commissioner Spence -Jones: Okay. So that was any only issues. Thank you. Chair Sarnoff Commissioner Gort's recognized for the record. Vice Chair Gort: Yeah. This is a project. Been working on it for a long time. I finally think we have someone local that's going to get it done and it -- and I'm sure the money that you spend here -- because he wants to do it. Andl really believe, first of all, we're going to increase the benefits two years before. At the same time, Watson Island, for one reason or another, being the hurricanes and all that -- Jungle Island had a lot of problems because of the hurricanes that they had in the past, because of the tunnel going up in there, but I can see this project helping the whole island. Mr. Torre: Absolutely. Vice Chair Gort: Not only will they be helping themself but at the same time, I can see where the Children's Museum, I can see where the heliport and the airport -- the port -- the seaport is going to benefit from all of this. And most important, Jungle Island, whoever's in there is going to benefit from the traffic that's going to be created by this project. I just want to see it finish maybe '14, 2014/'15. Chair Sarnoff All right. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. Let me be perfectly clear. I have no doubt that if The Related Group, which is a well-known, reputable company that has done some outrageous projects, takes part in this, they will make this a beautiful project and they're going to City of Miami Page 83 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 make a lot of money while doing it, which is fine. At the same time, I have a fiduciary duty to the City, andl want to make sure the City gets, you know, its fair share. With that said, let me be certain of what is being asked of this Commission. You want us to extend the period of time for them to start construction, correct? Mr. Torre: Correct. Commissioner Carollo: For The Related Group to do their due diligence, which, as of right now, they've signed a letter of intent, but it's nonbinding, correct? Mr. Torre: Commissioner, I will actually defer that over to Lucia to answer that. Ms. Dougherty: You're correct, it's the letter of intent that is going to be formalized into a joint venture agreement after all the approvals have been secured. Commissioner Carollo: But we need to approve the extension first before -- and allow The Related Group to do their due diligence. Ms. Dougherty: Well, it's not so much due diligence. It's completing all the other necessary things that need -- are necessary, such as the DRI (Development of Regional Impact) amendment, the State's deed waiver, and all these other things that are necessary in order to actually enter into the joint venture agreement. Commissioner Carollo: But as of right now, it's a nonbinding letter -- Ms. Dougherty: Correct. Commissioner Carollo: -- of intent that -- Ms. Dougherty: Yes. Commissioner Carollo: -- in essence, the relate group, should there be any issues, could walk out, and then the City ofMiami will be in the same place it's been for the past 12 years, which is -- what is it? I think actually, in the September 16, 2010 meeting, asked the City Attorney what was the definition of .ltringing us along. "Andl was joking, but wasn't joking. So -- and now for us to extend this and take sort of a risk -- because, in all fairness, they're going to do their due diligence on the City's time. And the reason I say that is because, in the meantime, the City is not receiving maximum dollars for their asset. So in the meantime -- Mr. Torre: Commissioner, I -- Commissioner Carollo: -- what will we be receiving? Mr. Torre: Commissioner -- Commissioner Carollo: Something that -- Mr. Torre: Right. Commissioner Carollo: -- something that's been promised two years ago already? Mr. Torre: Well, I -- Commissioner Carollo: Because the increase is something that already -- City ofMiami Page 84 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Torre: Right. Commissioner Carollo: -- what's been promised. So you're negotiating something that's been promised? Mr. Torre: Right. I -- Commissioner Carollo: That doesn't seem like very good negotiation. Mr. Torre: Well, I can -- Commissioner, I can answer that question. For starters, let me say that Flagstone has not been in default with the City ofMiami. Commissioner Carollo: Now. In the past they have. Mr. Torre: I'm not sure. Robin, have they been --? Robin Jones Jackson (Assistant City Attorney): They previously were many years ago. It was cured. They are continuing in a covenant of good faith and fair dealing now. There is no default. Mr. Torre: Commissioner, to answer your other question. The original agreement, had it not been -- or if you guys do not vote to extend it nine months, had called for the rent to kick into $83, 000 a month instead of the 62 they're paying. Even though we are going to extend this nine months, we have requested, and they have agreed, to start paying the additional rent -- an additional $20, 000 a month in what we're going to be getting -- Commissioner Carollo: So that -- Mr. Torre: -- for those -- for that nine -month period. Commissioner Carollo: And that will be for a total of a million dollars, correct? Mr. Torre: I'm sorry? Commissioner Carollo: That will be for a total of a million dollars a year. Mr. Torre: Correct, Commissioner. Commissioner Carollo: Now, don't you think it's a little odd that in two weekends out of ultra, the City makes a lot more money, almost double than what we're getting for the whole year of Watson Island? Andl know you -- andl know Commissioner Sarnoff may have some discrepancies, and we could go into details, but the bottom line is it's more than what Watson Island is paying for the year. So -- I mean, just real simple math. And know -- and we could get into the details. But they're paying the trust $ 1.3 million for those two weekends. They're paying the City an additional 500, 000. Not to mention the approximately $800, 000 that they paid police and fire for overtime duties and off duties. Mr. Torre: Commissioner, the best way I can answer that is to tell you how I look at this deal. I'm looking -- or we are looking at it from a global perspective. This -- we have the opportunity here in this lease to bring in revenue to the City in possibly over $200 million over the life of this lease. If we do not grant this extension, come October 1 of this year -- and Flagstone's not be able to -- not able to create some other avenue to get this done, the City will lose a million dollars a year. We will start losing $83, 000 a month that we have budgeted for. So I -- the way I view it, Commissioner, with all due respect, is we are granting a nine -month extension to explore what I view as a very unique and exciting opportunity for the City to partner with one of the City ofMiami Page 85 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 country's well -- most well-known developers for a project that is increasing the potential in excess of 60, $70 million that the City will receive. So I think it's a great opportunity and worth that nine -month risk. Commissioner Carollo: By the way, you'll get no arguments from me with regards to Related. Mr. Torre: Right. Commissioner Carollo: And my hat's off to Mr. Perez because he seen an opportunity. I know it's a great opportunity, and they will make a lot of money. But what I'm saying is the City needs to get their fair share also, andl don't think we're getting our fair share. Mr. Torre: Commissioner, I will tell you that -- Commissioner Carollo: All I'm saying is -- Mr. Torre: Yes. Commissioner Carollo: -- you know what? Share the wealth. Mr. Torre: Let me ease you by saying that part of our negotiations, Commissioner, is getting appraisals done. State -certified appraisers are looking at this project. We're working with them. You know, Flagstone -- Related has been told that we expect to get market rent for the additional square footage. That is what we are negotiating, Commissioner. I can assure you of that. Commissioner Carollo: For the additional square footage? Mr. Torre: Correct. Commissioner Carollo: But the rest stays the same, what was negotiated back in 2001 ? Mr. Torre: Correct. Commissioner Carollo: Okay. And don't you think from then to now, the value of the dollar has changed and, realistically -- Mr. Torre: Yes. Commissioner Carollo: -- we should be obtaining a lot more money? I've already -- Mr. Torre: Commissioner -- Commissioner Carollo: -- shown how Bayfront Park, that -- it's not too far away -- in two weekends actually, you know, is making a lot more money than what Flagstone is going to pay us in four years. Mr. Perez: Could I? Mr. Torre: Absolutely. Mr. Perez: Mr. Commissioner, with all due respect, you are getting a lot, lot more because your lease was not based on payments; your lease was based on a percentage. So if we had ten years ago a store that paid $40 a foot and today that store pays $100 a foot, it will increase the same way, you know, as it was ten years ago. And as you know, Miami rents and hotel rates have increased tremendously over the life of -- you know, the delay of this project, which, as you know, City of Miami Page 86 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 we had nothing to do with. As a matter of fact, we had been invited to participate by the (UNINTELLIGIBLE), you know, to this job and we declined because we did not see, you know, that there was enough mass here to attract the people that would make the project successful. Now, as far as profitability and risk, let me tell you that a project like this is extremely difficult to do. Because this is not a piece of land that we own like other developments do. So when you go to a lender and you say, `I want you to lend me a billion dollars," they're going to say, "Wait, but this is a land lease. This is not -- you don't own the land." So this is a very, very difficult job. And it's not like we're asking for a free option. We will continue to pay the payments that are being paid right now and that would have been paid during the time of the extension. And in addition, over the next week -- because we just did the cash needs -- 60 days, which is where we really are going to make the humongous effort to sign up the retail tenants, 60 to 90 days, we will spend upwards of $3 million in both legal fees, writing leases, and so forth to get these people done. So I wish I could come here and look at you in the eye and say this is 100 percent done and there's no issues, et cetera, but no. It's really the most complicated job I have ever been involved with. But all can tell you is that will put 1,000 percent of my effort to make it a reality. Commissioner Carollo: And I have no doubt that you would. But as of right now, it is a nonbinding letter of intent. There's no true agreement that you have signed that already binds you to this project. Mr. Perez: Sure, because we can't do a binding letter of intent because the approvals are not there for us to sign a binding letter of intent. So we need to both get the state and the City approvals, okay, and the leases signed up; and all we're doing is saying give us that so we can have those things to sign the binding letter of intent. We would not -- if anybody knows me, I don't throw away $3 million. So we would not be doing this, you know, if we didn't feel very, very strongly. Believe me, I never want to have egg in my face. I don't want to come here three or four months from now and said, you know what, Frank, or Commissioner Carollo, with all due -- you know, I tried really hard, but I couldn't do it. Could it happen? Yes. I mean, this is not a government bond, even though I don't even know what government bonds (UNINTELLIGIBLE). But all can tell you is this, both companies -- and we have representatives here from our New York site, which are specialized much more in retail -- have been fully engaged in this to make it a reality. Commissioner Carollo: I have no doubt that you all will make it successful. I just have issues with regards to the negotiations still not being completed as far as how much would the City obtain. And as of right now, receiving a million dollars a year, which is what was negotiated two or three years ago for this -- beginning now and September 1, I'm seeing we're giving yet another extension and, realistically, we're getting nothing in return. Yes, there's going to be more retail space, okay. And again, I really have all confidence that you all will make it work. But I'm just saying, share the wealth with the City, you know. Now, come budget time, when we start seeing all the needs and whether we need additional police officers, whether we want to give a bonus to our employees or not, whether we need to subsidize public services more, whether we need to bring our reserves up so we're not continuously in violation of the public -- the financial principle integrity ordinance, and then there's talk about raising the millage. Well, no. Before we talk about raising the millage, we need to talk about now -- these are lands owned by the City ofMiami and we need to do better deals because we have, unfortunately, a long history of our most precious lands, you know, being leased and the City not obtaining a fair market value, not obtaining, you know, the real value of those lands. We haven't done it. Listen, this is why I tried to pass a resolution a year ago so we could go to a referendum. And whenever one of these waterfront properties goes to a referendum, there's a time span that within X'humber of years, you need to start construction and finish it, because this is a perfect example. Two thousand and one this was approved. I could tell you right now, there's a whole bunch of different voters in the City ofMiami from 2001. Yeah, there are -- some are the same, but it's changed quite a bit, you know. So I don't think that a project should, you know, go on and on and on and have -- City ofMiami Page 87 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Realistically, you know -- andl do say this with all due respect, andl think you've been very smart about it, because you've gotten it done -- they've been able to land bank this property for 12 years and waiting for the economy now to come about and find a good company to partner up with. And I'm saying, okay, you were able to do that. You were smart. You had the Commission votes. You didn't have my vote, but you had the Commission vote. All I'm saying now, okay, there's an opportunity. It seems like -- andl -- and again, I will say, I believe The Related Group will make it work. They will make a lot of money, and it will be beautiful. What I'm saying is, okay, let's share the wealth. What's the City's part? 'Cause right now, all we're saying is if we approve this, we'll vote for the extension, and all we're going to do is receive exactly what we negotiated two years ago. Mr. Torre: Commissioner, I agree. Commissioner Carollo: Right? Mr. Torre: Again, we have a unique opportunity here to partner with one of the top developers in the country. Commissioner Carollo: Absolutely. Mr. Torre: The expanded square footage provides us the opportunity, first and foremost, to create an additional 1, 000 jobs, over 1, 000 jobs in what would have been originally realized with the original deal; additional money in excess of 2 to $3 million more potentially to the City ofMiami on a monthly -- on an annual basis. I cannot comment as to the last ten years, Commissioner. I'm telling you now, from my perspective, we have a very exciting opportunity here, one that I think we should take advantage of show a leap of faith for a nine -month period of time. You know, I'm not coming before you now asking for approval on specific lease terms. I would be happy to sit down with you over the next few months and keep you informed as to the negotiations and where we're at. I'd be happy to share our analysis on the market rents, you know. But rest assured that we will look to maximize revenue to the City ofMiami. Commissioner Carollo: I don't have anything further. I mean, I put my concerns on the record. Again, I think that we do have a unique opportunity, because, you know, Flagstone has very smart and been able to accomplish land banking for 12 years until now. The economy is picking up and having a very, very good company come in and do the construction or partnering up. I have -- once again, I have no doubt they're going to make this a beautiful project, they're going to make a lot of money. And again, I just don't see the City getting its fair share. And now is when we need to negotiate and negotiate hard, you know, as opposed to, in two months from now, when you want to raise the millage. Andl could tell you right now, I'm going to be opposed to raising the millage -- Mr. Torre: Commissioner -- Commissioner Carollo: -- because in deals like this, I don't think we do a very good job, andl think history will dictate that. Mr. Torre: Well, Commissioner, you know, in closing, I guess, I can't comment on the history. I will tell you that I stand behind every real estate deal we have done over the last year and a half since I've been here. And will assure you that on this deal, if we come forward with you to bring something for the Commission to approve, the City will be getting its fair share. If not, we won't bring it. Commissioner Carollo: You stand by every land deal we have made in the -- since you've been here, right? City ofMiami Page 88 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Torre: Yes, sir. Commissioner Carollo: Including Flagstone's neighbor, the Helipad [sic], that we're receiving zero amount to the general fund -- Mr. Torre: Well, Commissioner -- Commissioner Carollo: -- for two point something acres? Mr. Torre: I cannot comment on that, Commissioner. That was a deal -- obviously was done prior to me and that's in litigation, so I can't comment on that. Commissioner Carollo: Fair enough. Thank you. Chair Sarnoff I'm tempted to talk about Ultra, but I made a promise, and I won't break that promise. But I could tell you how I think it's different than Ultra, but I won't. I've always liked this particular development, not because of the land part of it. I always thought it was imperative to have the deep water marina with very large ships. I thought that would facilitate on the Miami River a maritime industry. Being a maritime lawyer, I've had some idea of that. I think, Commissioner Spence -Jones, before I once told you the 770 rule, which was 70 percent of all African Americans in Miami make 70,000 a year in the marine industry, so I thought that was an interesting conversation. I think I've had it with you once before. So I was always interested in the water side of this deal. The first time I really became interested in the land side of this deal was right now. And up here, I probably have every reason in the world to have issues with The Related Group, but I don't. I candidly don't. Andl think it's great that The Related Group of New York, I think it's great that The Related Group of Florida have joint ventured in this and have moved forward. And in regards to who should go first, and how this should come about and what should the rents be, I did a small projection. If you factor in the percentage rent, if you factor in the base rent, if you factor in the surcharge for the parking, if you factor in a percentage that comes back from the sales tax, this should be about a 4.3 to $4.4 million annual payment to the City ofMiami. Now, the -- what does that mean? Well, it's a number. It's a nice number. Is it a meaningful number? Well, no. It's a meaningful number once due diligence is done and a comparable is determined by the state. It's comparable as being that they're going to look at any other facility of this nature and type and determine whether this is fair market rent, fair market percentage rent, and of course, the surcharge is a surcharge and the ticket -- and the amount we'll get back from sales tax is, of course, a formula that comes back from the state. So I look at it from that standpoint. But to do something now and say the letter of intent is not binding is sort of to throw on in how commercial practices really perform. And nobody is going to enter into a hard agreement until they know they have the permission from the City and the permission from the state to move forward. I suspect andl doubt that Jorge Perez would come in front of this Commission and not have a good idea of where he stands, and the stage of life he's in and where he finds himself in the City ofMiami without understanding the parameters of this deal. We still haven't worked out what the additional square footage would net us in terms of rent 'cause they haven't worked out their deal with the state. I do know if we turn the page and we do nothing, okay, we won't see 4.4 million a year probably for another 10 years. I mean, candidly, we won't. It'll be another referendum, another RFP, and that will be way down the line, and we may run into the exact same thing. You know, I -- Mr. Perez, I'll tell you an interesting comment. We were in a meeting yesterday and somebody analyzed the United States for the past 200 years to find out what is the average building cycle in the United States? It's seven years before you hit a downturn. We are probably two years into our building cycle. So in five years, you could theoretically anticipate that there will be a downturn in this. Now, little different than the last time, because I think, as Mr. Perez would tell you, when people put their own money in, they stick through it. When you put the bank's money in, it's a little different and there's -- you know, obviously, people are more willing to default. So I think this building cycle will be a little bit different, but I think it will be a cycle nonetheless. I think we -- one thing we have to learn to do City ofMiami Page 89 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 is understand the cycles that we're in, promote the cycles, and ride them for as long as we possibly can, because those cycles will come. Historically, it teaches us -- I remember the Bill Clinton cycle. I never thought that was going to end. Anybody ever think that was going to end, the building cycle at that time? Seemed forever. Then, you know, Bush came into office, and he gave us a very long cycle, as well. But they all come to an end. I don't want to do anything to disturb this building cycle in Miami. Just like for Coconut Grove, I don't want to do anything to disturb the building cycle for Coconut Grove, because it completely stayed out of the last building cycle, andl don't know that you can really afford to avoid building cycles and still call yourself a significant community. Everybody needs to change. Everybody needs to progress. Everybody needs to take some of that rust off themselves and become something new. It's just life. There's a beginning, there's a middle, and there's an end. This thing has been in the beginning stages for a long time. It has a new partner. I find ourselves in the middle stage. Let's help them get to the end. Let's promote this. Let's let -- let's send a very positive message to the state that we do want this product, that this will bring jobs to the City ofMiami, that they're still in negotiation to be had for the additional square footage in rent, and I'd strongly urge us to support this, because I want to make sure this gets done during this building cycle. All right. Did -- we had a motion. We had a second. Commissioner Spence -Jones: Yeah, we had a motion and a second. I do just want to just say one thing. I'm not going to be long. I do acknowledge Commissioner Carollo today for his concerns. I know in this last discussion we had on this issue, I believe it was you and that were going back and forth on this particular project. My biggest concern always -- has always been the job issue. And any time we can stimulate, you know, the marketplace with these jobs, I really want to make sure that that happens. I agree with Commissioner -- Chairman Sarnoff, though. If we don't do something today, then we're talking about a project that gets, you know -- it's basically dead, so we have -- we won't see it in our lifetime sitting on the Commission. So I think that this is a unique opportunity to do something really, really great to keep it moving, without it, you know, dying. I saw -- where is Lillian Blondet? I just, you know, want to make sure on that jobs piece -- she was around here somewhere. I know that -- hopefully, they had been working hand in hand with Flagstone and also the building trades to make sure that this training program stuff gets started and that's happening. So that was -- always been my push. And we're talking about how many jobs coming out of this? I know there was -- Mr. Torre: In excess of 2, 000. Commissioner Spence -Jones: Right. So, you know, this is something that we really just can't wait on. People need to be working. So that is the reason why I'm pushing it. I feel like ifI don't do it now, then I don't know when it's going to happen. So, you know, I move the item. That's a motion on it. So I believe Gort second. Vice Chair Gort: Second. Yes. Chair Sarnoff All right. Vice Chair Gort: Call the question. Commissioner Carollo: Before we take a vote. Chair Sarnoff Go ahead, you're recognized. Commissioner Carollo: And I'm not going to debate every issue back and forth and you know -- but I do want to say that back in 2010, same things that you stated were stated. You know, if we don't do this now, what's going to happen; a referendum, this and that. Two years passed. We could have put it out to bid again. We could have had a referendum. We could have done all that. And by the way, as far as the cycle, it would have been a perfect time for the cycle. It City ofMiami Page 90 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 would have been a perfect time for all these big developers to now see -- as a matter of fact, some have come up, reached out to me and say, Hey, listen, if this was put out to bid, you know, we'd be bidding. "And by the way, not just now; back in 2010. So, realistically -- I mean, yes, I understand we're in the beginning of the cycle, but the bottom line is 2010, we had the discussion and everybody wanted to push along and get the amended [sic] approved and all that. Because if we don't, then we're going to lose, you know, X'amount of money, which, to a certain degree, is peanuts compared to what this really could generate for the City. But with that said, you know, I'll -- you know, I'll do the vote that I think is needed. The only thing -- I'll tell you what, the big difference from 2010 and now is that at least now we have a very reputable company that's going to come in and -- well, appears that's going to come in and actually do the construction, so that's the one bright light see about this. But continue to say we should be receiving a lot more monies -- a lot more revenues for this project for, you know, our -- one of our most valuable City waterfront properties. Thank you. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say aye." Commissioner Spence -Jones: Aye. Vice Chair Gort: Aye. Chair Sarnoff Aye. Commissioner Carollo: No. Chair Sarnoff Okay. We're in recess until 2: 30. Commissioner Spence -Jones: And Mr. Chairman, I just want to make sure that the other fellow Commissioners know that I will not be here for the afternoon, so I don't know if there's anything in particular that they may want to have me be a part of. But you know the items that -- I'm only dealing with one other item, correct? Chair Sarnoff Which is that? The -- which one? Commissioner Spence -Jones: The 2 o'clock time concern, and then the Brickell -- Chair Sarnoff Oh, you have a 2 o'clock time concern. Wait a minute. You reminded me. So we need to be back here at 2 o'clock. Commissioner Spence -Jones: Right. Commissioner Carollo: What's at 2? Commissioner Spence -Jones: 'Cause I leave at 2:30. Chair Sarnoff What is it? Oh, yes. Okay. RE.6, gunfire locator. Right? Isn't that --? Commissioner Spence -Jones: Oh, andl thoughtl had the billboard thing too. Chair Sarnoff Okay. I didn't have that down, but well do that -- I have that as a -- well do that right after that. Commissioner Spence -Jones: All right. You have a CRA (Community Redevelopment Agency) meeting now. Chair Sarnoff Oh, yeah, that's right. City of Miami Page 91 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 RE.17 RESOLUTION 13-00325 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION PARTNERSHIP, FOR USE OF APPROXIMATELY 2.2 ACRES OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS LOCATED IN VIRGINIA KEY, MIAMI-DADE COUNTY, FLORIDA, FORA MONTHLY USE FEE OF $15,953.52, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), FORATERM OF FIVE (5) YEARS, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 13-00325 Summary Form.pdf 13-00325 Legislation. pdf 13-00325 Exhibit 1.pdf BC.1 13-00405 Motion by Commissioner Spence -Jones, 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 RE.17 was deferred to the June 27, 2013 Commission Meeting. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eduardo Cantera Mayor Tomas Regalado Howard Miller Mayor Tomas Regalado 13-00405 Arts CCMemo.pdf 13-00405 Arts Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0234 Chair Sarnoff Okay, we're done with the RE's (Resolutions). We are now on boards. BC.1. City of Miami Page 92 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 BC.2 13-00406 ToddB. Hannon (City Clerk): Good afternoon, Commissioners. BC.1, Arts and Entertainment Council. Mayor Regalado will be appointing Eduardo Quintana and Howard Miller. Is there a motion? Chair Sarnoff So move. Is there a motion? Commissioner Carollo: Second. Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Carollo, second by Commissioner Gort. Any further discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. BC.3 13-00609 Office of the City Clerk BC.4 13-00501 APPOINTEE: NOMINATED BY: Chair Marc David Sarnoff 13-00406 Audit CCMemo.pdf 13-00406 Audit Current_Board_Members. pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Francis Suarez 13-00609 Bayfront Park CCMemo.pdf 13-00609 Bayfront Park Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION City of Miami Page 93 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. BC.5 13-00408 APPOINTEE: NOMINATED BY: Commission -At -Large 13-00501 Civil Service CCMemo.pdf 13-00501 Civil Service Current_Board_Members.pdf 13-00501 Civil Service Exec Sec Memo.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.6 13-00409 APPOINTEES: (Alternate Member) 13-00408 CEB CCMemo.pdf 13-00408 CEB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Chair Marc David Sarnoff Commission -At -Large Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Barbara Marquez Chair Marc David Sarnoff 13-00409 CSW CCMemo.pdf 13-00409 CSW Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones City of Miami Page 94 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 R-13-0235 Todd B. Hannon (City Clerk): BC. 6, Commission on the Status Women. Chair Sarnoff will be appointing Barbara Marquez. Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.7 RESOLUTION 13-00511 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Wifredo (Willy) Gort 13-00511 CRB CCMemo.pdf 13-00511 CRB Current_Board_Members.pdf 13-00511 CRB Memo and Application.pdf NO ACTION TAKEN BC.8 RESOLUTION 13-00610 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo 13-00610 CTAB CCMemo.pdf 13-00610 CTAB Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION City of Miami Page 95 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00368 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones FOP IAFF 13-00368 EOAB CCMemo.pdf 13-00368 EOAB Current_Board_Members.pdf NO ACTION TAKEN BC.10 RESOLUTION 13-00369 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose M. Fernandez City Manager Johnny Martinez 13-00369 Finance CCMemo.pdf 13-00369 Finance Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0236 Todd B. Hannon (City Clerk): BC.10. The City Manager has nominated for Commission consideration and approval Jose M. Fernandez, the City of Miami's Finance Director. Commissioner Carollo: Move it. City of Miami Page 96 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by the Vice Chair. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.11 RESOLUTION 13-00611 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Chair Marc David Sarnoff (Citizen - Category 7) Vice Chair Wifredo (Willy) Gort (Architect - Category 1) Vice Chair Wifredo (Willy) Gort (Alternate Member that Qualified Under One of the Qualifications - Category 8) Commissioner Frank Carollo (Historian or Architectural Historian - Category 3) Commissioner Francis Suarez (Architect or Architectural Historian - Category 4) Commissioner Francis Suarez (Real Estate Broker - Category 5) Commissioner Michelle Spence -Jones (Citizen - Category 7) Commissioner Michelle Spence -Jones (Landscape Architect - Category 2) 13-00611 HEP CCMemo.pdf 13-00611 HEP Current_Board_Members.pdf 13-00611 HEPApplications.pdf 13-00611 HEP Application Summary.pdf NO ACTION TAKEN BC.12 RESOLUTION City of Miami Page 97 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00370 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maria Sardine Mann Mayor Tomas Regalado Guillermo A. Martin Vice Chair Wifredo (Willy) Gort 13-00370 Homeland CCMemo.pdf 13-00370 Homeland Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0237 ToddB. Hannon (City Clerk): BC.12, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Mayor Regalado will be appointing Maria Sardina Mann. Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Did you get mine, Willie Martin? Mr. Hannon: No, sir. I'm sorry, Commissioner -- Vice Chair Gort. The name again? Vice Chair Gort: William Martin. Mr. Hannon: William Martin. Vice Chair Gort: Martin. Mr. Hannon: Oh, Martin. Vice Chair Gort: Yes. Mr. Hannon: Yes, sir. Commissioner Carollo: Move both names. Chair Sarnoff We have a motion on both names, second by both names. All in favor, please say "aye. The Commission (Collectively): Aye. BC.13 RESOLUTION City of Miami Page 98 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 13-00612 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Emile Farah Mayor Tomas Regalado 13-00612 MIC CCMemo.pdf 13-00612 MIC Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0238 ToddB. Hannon (City Clerk): BC.13, Mayor's International Council. Mayor Regalado will be appointing Emily Farrar. Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Carollo, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. BC.14 RESOLUTION 13-00613 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE MIAMI BAYSIDE FOUNDATION INC., FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Pablo Perez -Cisneros Vice Chair Wifredo (Willy) Gort Louis McMillian Commissioner Francis Suarez Beatrice Louissaint Commissioner Michelle Spence -Jones 13-00613 Bayside CCMemo.pdf 13-00613 Current Board Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 99 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0239 Todd B. Hannon (City Clerk): BC.14, Miami Bayside Foundation. Vice Chair Gort is appointing Pablo Perez Cisneros. Commissioner Suarez is appointing Luis McMillian, and Commissioner Spence -Jones is appointing Beatrice Louissaint. Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. BC.15 RESOLUTION 13-00504 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo 13-00504 MSEACCMemo.pdf 13-00504 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.16 RESOLUTION 13-00505 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. BC.17 13-00373 APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 13-00505 PRAB CCMemo.pdf 13-00505 PRAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION City of Miami Page 100 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. BC.18 13-00374 Office of the City Clerk APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Chair Marc David Sarnoff Vice Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 13-00374 WAB CCMemo.pdf 13-00374 WAB Current_Board_Members.pdf NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez NO ACTION TAKEN END OF BOARDS AND COMMITTEES DISCUSSION ITEM DI.1 DISCUSSION ITEM 13-00674 Office of Management DISCUSSION REGARDING THE FINANCIAL IMPACT OF CONVERTING and Budget FULLTIME TEMPORARY EMPLOYEES WITH EIGHT YEARS OF SERVICE City ofMiami Page 101 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 OR MORE TO PERMANENT EMPLOYEES. 13-00674 Summary Form.pdf 13-00674-Budget Presentation to Commissioners.pdf DISCUSSED Chair Sarnoff All right. DI1. Daniel Alfonso: Danny Alfonso, Budget Director, City ofMiami. Commissioners, I shared with you a brief presentation. The question was officially asked about the cost of adding personnel positions in the budget so that we would make available room to resolve some issue with very long-term temps. In order to answer that question, not only didl address that specific number of dollars that was needed, but I also wanted to give a little bit of background as to some of the things that we're looking at in the budget. Just for general background information, if we want to think about where we were four years ago, the City was, in preparation of the budget, there was -- okay, I think I'll make this real fast. Commissioner Carollo: No, you could say it. Mr. Alfonso: Okay. All right. So a few years ago, the City was looking at closing a gap of hundred -plus million dollars. Then we were looking to close a gap of sixty -some million dollars, then forty -some million dollars. And right now, I've got to say we're just about balanced, okay, so we've come a long way from where we were a few years ago. Now, for next fiscal year, we're looking at an increase in budget of roughly 15 and a half million dollars, and what makes up that 15 and a half million dollars is property taxes, utility fee revenue, parking revenue, and that is the parking surcharge from all of the private parking lots around the City; building permit fees; and there's a variety of other charges made up of marina fees, emergency medical transport, et cetera. There's a few things that make that up. So that's pretty much the component of revenue. On the expenditure side, we have a number of things that are consuming that money. Primarily, our cost of pension, we are projecting an increase of $12.4 million. That is a little higher than we had anticipated but that is the number that we're working with. Now, I've got to say that currently, the number that we have actually been given is 18.4, but we are still expecting the FIPO (Firefighters and Police Officers) Board to change their actuarial computation and come back with a number approximately $6 million lower so that I'm planning 12.4 right now. Workers' compensation we've talked about. The growth for next year is $4.4 million. We are increasing the reserve for leave payout, because we anticipate a lot more people that are in the DROP (Deferred Retirement Option Plan) are going to come to the end of their cycle, and we'll have payout for them. We have the cost -- I'm sorry -- of the election next year, which is a Citywide election, and I'm putting in right now worst -case scenario, which we'll have a runoff also Citywide, so that if I'm including the cost of a Citywide, of course that also includes the Commission districts within it, so it's $1.6 million. The FOP (Fraternal Order of Police) wage increase of 3 percent for half the year is 1.2 million, Law Enforcement Trust Fund, and some of these numbers are still going to change so, you know, when the budget comes out in about three weeks, it will have all these things cleared up, but for now, this is where we are. To offset some of those increases, we have eliminated some reserves that we had. Like this year in the budget, we had set aside a reserve for overtime and one for finance in case we needed to bring in outside people. That will eliminate in next year's budget. In this year's budget, we had assumed $1.6 million going to capital for things like the windows of this building that are being replaced. We had bought a patch truck in Public Works. We put $150, 000 in Parks. We bought $300, 000 worth of vehicles for our regular fleet. We don't have that in the budget for next year. And then there's a couple of other efficiencies that make up roughly the other 4.8 million, including the single -stream recycling program has been an absolute success, much greater than we ever thought, and we're saving a significant amount in tipping fees, in excess of $1 million. We're going to use lane closure fund, which has now $1 million available for use in operations of the Public Works Department to offset general fund expenditures there. We're including roughly $750,000 of attrition for positions that will be leaving and coming in at lower cost, et cetera. So City ofMiami Page 102 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 once you net all that out, we pretty much used the increased revenue. Now, there are other considerations that this Commission has asked, and things that we're still looking at, and those include the cost of the Affordable Health Care Act. It states basically that any employee of the City -- and that would include our City temps, our full-time temps -- have to be offered a health care program, starting January 1. That is something that we have now an estimate of about $2.3 million. I think that's about our worst -case scenario. We're working with Aon to look at a health plan that may be minimally requirement, so it may be a lower cost. There's still a lot of things going on with Affordable Health Care Act issues. The federal government is still writing rules on this, so that's still kind of up in the air, but we're pretty sure we're going to have to have some cost for the health care for those folks. This Commission has asked about living wage and the cost of the implementation there. We've now taken that estimate to about $1.2 million, because in the past, we had noted 1.6 million, but that was because without health care, you would have to pay those employees around 13.70 an hour. Since they're going to be likely getting health care, we can do the 12.45 instead. Having said that, the -- my goal is to actually bring a request for an ordinance to the Commission to extend the implementation of living wage so that if we have to absorb the cost of health care, we don't have to do both health care and the higher wage at the same time, but that will be a policy decision that will be coming to you. Okay, so the question specifically that was asked: "What is the cost of adding positions to try to resolve the issue with long-term temps?" Eight years plus is right now 19 positions, and it would cost approximately $590, 000. There is -- the rules for exactly how those employees would be given an opportunity to be hired into the City are rules that are governed by HR (Human Resources) and Civil Service, et cetera, so if there's any questions specifically to those, I would like, perhaps, our legal folks or even our Human Resources to maybe talk about that, but there's some issues there that they -- we just can't take those people and take them from temps to City employees. It doesn't -- the law does not allow for that. Vice Chair Gort: Let me ask a question. Mr. Alfonso: Yes, sir. Vice Chair Gort: The law? Which law? Mr. Alfonso: Well, the local city law. Madam Attorney? Vice Chair Gort: Civil Service. Mr. Alfonso: Okay. Vice Chair Gort: Civil Service can be changed. We can change it. Mr. Alfonso: Yes, absolutely. Vice Chair Gort: Okay. Mr. Alfonso: If the City Commission -- Vice Chair Gort: I wanted to make sure people understand that, because the people here will tell you, "No, no, you can't do this because of the law." Mr. Alfonso: Right. Vice Chair Gort: And that's why I've been asking everyone, come up with suggestion, let us know what we can do up here to improve that. 'Cause I don't think it's fair; somebody's been working for the City for ten years, has not received any other benefits, cannot apply or cannot move immediately. That's -- I can't see that. City of Miami Page 103 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Alfonso: Okay. I agree with you, Commissioner. Now, there is another thing called "career opportunity" that is a way by which a temporary employee of the City can move into a full-time position in the City. The Solid Waste Department uses it all the time for entry-level positions, and if you ask the Solid Waste Department right now, I don't think they have too many temps because most of their temps moved to full-time positions through this program. So that is another option that we're looking at which would help these people that are in question right here, but the cost of that would be 590, 000 for the group that was asked. Okay, the other question that has been on the mind of just about every elected official in the City ofMiami is adding police officers. The estimated cost per officer on a first -year basis is roughly $130, 000. Now, that includes the salary, the pension, the health care, the workers' compensation, the car, the bullets, the gun, the Taser, everything all in; the fuel for the car part, mechanic, everything. Vice Chair Gort: What's the minimum salary right now for start-up? Mr. Alfonso: A starting officer is roughly around $46, 000. Vice Chair Gort: Forty-six thousand. Mr. Alfonso: Yes, sir. Vice Chair Gort: Okay, because I was told 36. Mr. Alfonso: No. Vice Chair Gort: Forty-six thousand. Mr. Alfonso: Yes, yes, Commissioner. Vice Chair Gort: Okay. Mr. Alfonso: Yes. And then you have to add, I think, the crime fighting pay and other -- Vice Chair Gort: Right, right. Mr. Alfonso: -- things. Okay. So if you do 100 officers, roughly 13.1 million for the first year. That includes the one-time expenditures, like cars and stuff like that. The second year would be less. If you were to do 25 officers, it would be roughly $3.3 million. And in a sense, what we're trying to ask the Commission is, you know, What is -- What are some of the priorities that you elected officials see in the Commission? The proposed budget will come out in the first week of July or thereabouts. Then we're going to have -- Yes, Commissioner. Vice Chair Gort: What you're telling us, the surplus we discussed a little while ago is not there. Mr. Alfonso: I'm sorry? Vice Chair Gort: What you're telling us, the surplus, that we addressed it a little while ago, is not there. Mr. Alfonso: Okay, there's different -- Vice Chair Gort: No, I understand -- Mr. Alfonso: Yeah. City ofMiami Page 104 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Vice Chair Gort: -- for next year. I understand. Whatever surplus comes out of this year has got to be spent next year. Mr. Alfonso: No. Actually, Commissioner -- Vice Chair Gort: Mm-hmm. Mr. Alfonso: I want to -- The City right now has an ordinance, the financial integrity ordinance, which says that until you have a fund balance of roughly 93, $95 million -- Vice Chair Gort: Right. Mr. Alfonso: -- we cannot take the carryover from this year and use it next year. So last year we had 37 million, so our fund balance and accumulation of prior years, et cetera, will probably be around $57 million. If we have a surplus this year, it will get added to that. Vice Chair Gort: Well, I'm glad you're placing that in there so people understand how we have to use it. Chair Sarnoff Right. Mr. Alfonso: Correct. So -- Vice Chair Gort: Okay, thank you. Mr. Alfonso: Okay. Chair Sarnoff Wait, wait, wait one second, 'cause let's say -- let's assume we close out this year's budget with -- and we will end up with a $60 million fund balance. Mr. Alfonso: Okay. Chair Sarnoff Okay. You're telling me that without a modification -- we could modify the fund balance and take 5 million from that and put 5 million towards police. Mr. Alfonso: If we were to do that and appropriate it for next year, we would have to waive the financial integrity ordinance. Chair Sarnoff Right. Mr. Alfonso: Yes. It could be done with a waiver of the financial integrity ordinance. Chair Sarnoff It's called a motion, a second -- Vice Chair Gort: Second. Chair Sarnoff -- and all in -- Mr. Alfonso: And a first reading and a second reading. Chair Sarnoff Well, an ordinance. Mr. Alfonso: Yeah, yeah, an ordinance. Chair Sarnoff It can waive -- one-time waiver. City of Miami Page 105 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Alfonso: Sure. Chair Sarnoff And if somebody thinks police are important and they think 5 million less dollars in the fund balance wasn't as significant as 50 police officers, they could make that policy decision. Mr. Alfonso: That is correct. Chair Sarnoff Be criticized by the Herald or lauded, depending upon who's writing, and it could be their campaign or non -campaign slogan. Mr. Alfonso: Correct. Are there any questions? Commissioner Suarez: Mr. Chair. Vice Chair Gort: Lots of questions. Chair Sarnoff You're recognized. Commissioner Suarez: Thank you. On one of the items -- by the way, Danny, that's a great -- Mr. Alfonso, that was a great presentation, and thank you for encapsulating it the way that you did. One of the expense items -- and this goes to my discussion item on the FICA (Federal Insurance Contribution Act) alternative. One of the expense items is health care insurance from Obama Care, which is a over two million dollar expense item. Mr. Alfonso: Yeah, Affordable Health Care Act. Commissioner Suarez: Yes. What is it, like 2.3? Mr. Alfonso: Two point three million -- Commissioner Suarez: Right. Mr. Alfonso: -- is our current -- Commissioner Suarez: So one of the things that we can do to offset that $2.3 million hit is something that I'm exploring, which is that all temporary part-time and seasonal employees right now currently are required to pay 6.2 percent of their wages in Social Security and the City pays -- matches it, basically, with 6.2 percent into FICA. What I'm exploring is what other institutions have done, like Florida State, University of Florida, Florida Atlantic University, Florida International -- and that's basically -- it would be exploring the possibility of creating a FICA alternative plan, or the employees would contribute, instead of 6.2 percent into Social Security, 7.5 percent into a private retirement plan, and then the City would not be responsible for making the corresponding match, but we would use that money to offset the increased health care cost, essentially. So -- Chair Sarnoff They then would not be entitled to their Social Security, right? Commissioner Suarez: Correct, correct, and as we know, that's usually not a large sum, so they would -- it would be offsetting the City's requirements under the Affordable Care Act. This should save the City ofMiami about $341, 000, because we have about a five and a half million dollar budget just in one department alone, so it's just something to think about. Maybe, you know, Danny, you can brief the Commissioners on it, since this is the only opportunity that we have to discuss this. You know, we can be briefed on it, and if -- You know, at the end of the day, City ofMiami Page 106 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 as the Commissioner says, you know, it's just -- we debate these issues, and we make a decision that we think is in the best interest of our employees and our residents and go from there. But it is something that can offset, you know, a chunk of the $2 million increase, the $2.3 million increase in health care cost. Thankyou. Chair Sarnoff Anybody have any questions of Danny? Excellent presentation once again, Danny. Mr. Alfonso: Thankyou, Commissioners. Have a wonderful afternoon. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Chair Sarnoff All right. I think we're up to PZ (Planning & Zoning). PZ.1. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff Sorry, I apologize. We've got to do the PZ swearing in; is that right? Mr. Hannon: Yes, sir. Good afternoon, ladies and gentlemen. If anyone will be speaking on today's Planning & Zoning items, ifI could have you stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: And additionally, will anyone require a Spanish or Creole interpreter for today's Planning & Zoning items? Deborah Spector, official Spanish interpreter, and Ralph Desmangles, official Creole interpreter, translated the City Clerk's comments. Mr. Hannon: Thank you, Chair. Victoria Mendez (Deputy City Attorney): PZ items proceed according to 7.1.4 of the Miami 21 Code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item as -- that is to be heard. The members of the City Commission shall disclose any ex parte communications. The petitioner will make -- will then present or 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 [sic]. Any documents offered to the City Commissioners 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. Thank you. Chair Sarnoff PZ.1, Mr. Garcia. Francisco Garcia: Thankyou, sir. Francisco Garcia, Planning & Zoning Director. I would first like to withdraw one item and continue one item and then get to the one item that I think we will have left after that. Item PZ.3 has been withdrawn by the appellant. We have a letter to that effect, and it has been placed on the record. And Item PZ.1 is requested to be continued to the meeting of June 27, if that is the City Commission's pleasure. Chair Sarnoff Is there a motion? City ofMiami Page 107 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Vice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Carollo. Any further discussion? No discussion. Hearing none, all in favor, please say "aye. The Commission (Collectively): Aye. PZ.1 ORDINANCE Second 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 07-11-13 SR Fact Sheet.pdf 13-00079zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00079zcApplication & Supporting Documentation.pdf 13-00079zc CC FR/SR 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. PURPOSE: This will change the above properties from "T6-8-O" to "T6-12-0". Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.1 was deferred to the June 27, 2013 Commission Meeting. PZ.2 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-R" GENERAL URBAN ZONE, FOR THE City of Miami Page 108 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 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. 13-00077zc CC 06-13-13 FR Fact Sheet.pdf 13-00077zcAnalysis, Maps, Zoning Referral, Sch. Conc. & PZAB Reso.pdf 13-00077zcApplication & Supporting Documentation.pdf 13-00077zc CC FR Legislation (Version 2).pdf 13-00077zc Exhi bit A. pdf 13-00077zc-Submittal-Letters of Support. pdf 13-00077zc-Submittal-Presentation-Golden Pines.pdf 13-00077zc-Power Point Presentation-Landaq - .pdf 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-R". The applicant may proffer a covenant for these properties. Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Sarnoff PZ.2. Francisco Garcia (Director, Planning & Zoning): Which leaves us with PZ.2. PZ.2 is a first reading ordinance requesting the rezoning of a property at approximately 2701 Southwest 28th Avenue. The requested change is from T3-0 to T4-0 as it appears on your records. However, the Planning, Zoning and Appeal Boards [sic], upon hearing the item, recommends by a vote of 8 to 3 that it be rezoned to T4-R instead of T3-0, and we, your Planning & Zoning Department, agree with that recommendation. We would therefore like to request that the rezoning take place from T3-0, which is duplex residential, to T4-R, which would allow for an increase of density from 18 units per acre to 36 units per acre but allow only residential development, not commercial, office, or otherwise. That is our recommendation, and we are prepared to answer any questions you may have. Thank you. Chair Sarnoff Thank you. You're recognized for the record. Juan Mayol: Good afternoon, Mr. Chairman and members of the Commission. Juan Mayol, along with my partner, Ines Marrero -Priegues, with the law firm of Holland and Knight, with address at 701 Brickell Avenue, on behalf of the applicants, Landaq, Inc. and Grove Bluff T,T C City of Miami Page 109 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 (Limited Liability Company). We are very grateful for your staffs support of our request and clearly very grateful for the support by the Planning, Zoning and Appeals Board. The suggested change by the board to T4-R is also acceptable to the applicant. In light of their support, I plan to make a very brief presentation. I do want to mention that Mr. Bert Pascual, who is the principal of the applicant, is here, and should warn you, he's a really good engineer, so ifI miss anything or say anything incorrectly, you will see him jumping up here and then come out of the microphone. But all joking aside, he will be -- he'll help me address any questions that come up from the Commission. We are also very grateful for the support that we have received from many of the members of the community. I know you'll hear from the community at the conclusion of our presentation, and some of our supporters are here. There are two supporters who could not be here to express their support for the application. They have written letters. I'm going to ask Ines if you can introduce that into the record. Unfortunately, one of them, which was handwritten, we did not have time to reproduce it, so I only have one copy, but I'll introduce that into the record, as well. To expedite our presentation, we've prepared a very short PowerPoint presentation, and so let me just go right into it. This is a parcel of land that, except for a small home, has remained vacant for many, many years. It is a parcel that was acquired over time by Bert's companies. Bert really had the patience to assemble enough land -- it's .89 acres -- to make the development of the parcel financially attractive and feasible. So it is in close proximity to 27th Avenue -- 27th Avenue is seen on the photograph before you -- obviously, within walking distance of the Coconut Grove Metrorail Station, and with the exception of the one older home, it is now vacant and ready for redevelopment. It is not just within the pedestrian shed of the Coconut Grove Metro Station; it is within walking distance and it is designated on your master plan for a very intense development, general commercial, which is the same land use designation that applies to Brickell and downtown Miami. In terms of the zoning, it is zoned T3. This map actually shows both the old zoning designation under 11000 as well as the new designations under Miami 21. It is zoned T3, but adjacent to T5, both on the north and the east. As you can see, D4-L andD5 is a fairly predominant zoning classification. As I mentioned, it is within the pedestrian shed of the Coconut Grove Metrorail Station, and this drawing shows you different stations and the pedestrian shed for each one of them. Amazingly, despite its proximity to the Metrorail Station, despite its proximity to Brickell and downtown, the area has seen one new construction since the construction of the Metrorail Station back in 1986. That is shown on 27th Street. There was one duplex that was built in 2005. The rest of the property has remained the way it was, the way it has been since the '20s, '30s, and '50s. This is some photographs of the existing conditions in the area with -- I'm sure you're all familiar with the area. Generally, you have older structures. Most of them actually were built in the '50s, but some date back to the '20 and '30s. We counted 16 lots that remain vacant between 29th Avenue and 37th Avenue on the west; showing you some of the development that's existing on 27th Avenue and some of the interior streets. The most recent approval by this Commission was a project known as Villa 27. I think it's known as something else now, but this Villa 27, it was a -- it's an old mosque that remains vacant, and it was approved by the Commission back in 2004, and it is a -- it was approved as a -- it's a 15-story condominium with 181 units and retail on the ground floor. The design of the project was such that it would step down to four stories as it moved west, so when this property is developed -- it has remained vacant because of the housing crisis in the last few years -- but when developed our property will face a four-story structure. This is actually a site plan of the Tower 27 or Villa 27 project to show you the conditions of the approval in that it has no access on 27th Avenue. It has very limited access on 27th Court, and most of the traffic will be on the west side, on Southwest 27th Street. The most recent effort to redevelop in the area is the -- and there's a drawing, conceptual drawing of what that would be, and it's a commercial building that will house a restaurant and a retail facility right adjacent to the Metrorail, the parking and access for the Metrorail Station. We've talked as we go -- as we've gone through this process before the board and otherwise. We've talked about creating appropriate transitions. They're clearly bad examples of transitions, and we went out and tried to photograph that for you. This is clearly not the way you want to transition. However, there have been many good examples of appropriate transition. There's no plan before you, clearly, but once a plan is submitted to staff for review and approval, the idea would be that an appropriate transition City ofMiami Page 110 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 between the 15-story approved on 27th Avenue and the 2-story duplexes and homes to the west would be achieved by the proposal before you. This is a conceptual plan, and we wanted to illustrate how an appropriate transition could be crafted so that the low -intensity duplexes and single-family homes to the west could be protected from the proposed construction so that a combination of heights could be achieved, and as you approach 27th Street, we could bring down the height of those structures. And, in fact, as I'll explain to you in a minute, we are proposing a declaration of restrictions that would call for a lower height at the corner right adjacent to 27th Street. The -- actually, let me just go back to here. That -- this just gives you a cross-section of what that transition may look like in the future and also showing you the quarter -mile pedestrian shed for the Metrorail Station. The issue of access and how our project would improve the adjacent streets came up during the board, andl think -- I thought it was important to bring the plan, a conceptual plan for you so that you would see how the project would result in a net benefit to the area by enhancing not just pedestrian access, which is very important, so close to the Metrorail Station, but also enhancing vehicular access and, probably most importantly, enhancing the access for emergency vehicles. The area in pink are additional pavement and sidewalks that we added in connection with the construction of this project. This would be a cross-section; again, showing you the existing improvements and the proposed improvements which will create a true cross-section for both 27th Court and 28th Avenue in compliance with all of today's standards, not the standards of 50 years ago when the area was largely developed. This is clearly an opportunity to see a substantial private investment. We wanted to estimate what the infrastructure would cost, and this is the -- about $150, 000 in infrastructure would come in to improve the area, and that, of course, would be in addition to the payment of impact fees in connection with the development. Ultimately, plans will have to be submitted and approved for review and approval by your staff and we look forward to that process. I want to just conclude by talking about the -- what it would take to develop this property and to redevelop the area and to really achieve the development that -- the improvement of -- the addition of a metrorail station should have brought over the years and it has not brought; and so in thinking about it, we thought there were a few elements that are required, and part of that is already in place, and that's the vision of the local government, vision of the City of Miami as expressed in your Miami 21 Zoning Code. That, you know -- and I'm not going to spend too much time on all these policies, but clearly, your plan, development regulations seek to encourage development, high -intensity, high -density development in proximity to the Metrorail Stations. The second part of that, of course, is the resources and the vision of the private side, the private sector to bring forth the development efforts that are required to see one of these projects to reality. Bert has spent -- this has been a labor of love for him. He has spent quite a bit of time out in the neighborhood, acquiring the land, clearing the land. From the very beginning, he made sure that the property was fenced; he made sure that the property was clear so that it would not result in a eyesore in the neighborhood. Let me conclude by talking to you about our proposed declaration of restrictions, and this declaration has been -- draft declaration has been proffered to staff and there are three commitments that -- or three concerns that were expressed through the meetings we had with the neighbors and through their statements to the Planning Board, and I'm just going to take them in order very quickly. Number one, we heard from the beginning they did not want any Section 8 housing, low-income housing to go on this property, and that was possibly their biggest fear. Now, the concept for this project has always been to attract a professional working family, mostly individuals, students that can use the Metrorail Station, Metrorail service to access the centers of employment and education. You're a student at UM (University ofMiami), you're a doctor or a resident at Jackson, you work in downtown Miami, you work on Brickell, and this would be a great project, a great place to live. Number two, we talked about limiting the height adjacent to the two homes that are located facing east, and we provided a height restriction so that no structure would exceed two stories within 50 feet of Southwest 27th Street. Lastly, we've included in the declaration -- but as Francisco has noted, the Planning, Zoning and Appeals Board recommended T4-R, which prohibits commercial. We're saying we're not going to do commercial. At this point, if you were to approve T4-R, it would become redundant, but we wanted to make sure that the statement of our intention was clear, that we are not -- did not want to have any retail uses on the property. City ofMiami Page 111 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 And then we've added one more -- Chair Sarnoff Repeat your last sentence back. You do not want what? Mr. Mayol: We are not proposing any commercial uses as part of the development of this property, so it will be strictly residential. The Villa 27 project, the approved project, does have retail facing 27th Avenue. We believe that will be a more appropriate location for retail, so this would be strictly a residential project. Lastly, in connection with developing the property, we are going to possibly have to mitigate our impacts for removing some of the trees on the property, and we're calling for the mitigation, in -kind mitigation of the canopy laws to be provided within the immediate neighborhood, and we're glad to work with staff and with the neighborhood for them to find areas where that would be most appropriate. We will obviously continue to work with Ms. Gilda Rodriguez and the other neighbors as we move forward. If they want -- as I indicated, Bert has been very sensitive to the needs of the neighbors. He has attempted to and has met with many -- in fact, I think he's become friends with many members of the neighborhood. We urge your approval of this request, in accordance with the recommendation from your Planning & Zoning Appeals Board, in accordance with the recommendation of your professional staff. And ifI may, Mr. Chairman, ifI could just -- might reserve a couple of minutes for rebuttal, if necessary. Thank you. Chair Sarnoff Very good. Bert Pascual: Sorry, Mr. Chair. Chair Sarnoff Do you want to speak? Mr. Pascual: I just -- just two minutes; not even a minute to introduce myself. My name is Bert Pascual, 13990, Miami, Florida, 33176. I'm an engineer. I'm also a small developer. This is -- like he said, it was a labor of love. I only do one project at a time. I don't have Landaq 27, Landaq 42. It's small. My last project, five acres; the largest -- it was seven buildings. The largest was 48 units, 3 stories. I do one project at a time. That's all do. I just wanted to emphasize that; that this is not one in a whole resume or whole file of that. If you've got any questions concerning the site, you know, ask Juan or myself. Thank you. Chair Sarnoff Thank you. Mr. Pascual: Thanks again. Chair Sarnoff So let me have a public hearing. Is anybody wishing to be heard on PZ.2, PZ.2, step up now. Okay, let's start with this podium here. Alex Diaz: Good afternoon, members of the Commission. My name is Alex Diaz. My address is 2658 Southwest 28th Avenue, andl have lived in the area that is being proposed for rezoning for 51 of my 52 years. I am not as articulate or as well prepared as Mr. Mayol is, but I wanted to at least draw your attention to one of the factors that he has either conveniently sidestepped or neglected to address, and that's the impact that this project is going to have in traffic and density. As he mentioned, Villa 27 has already been approved by this Commission, and it is -- it still remains to be seen, the huge impact that ingress or egress out of that building is going to have on 27th Avenue and Southwest 27th Street, which he also did not clam is the only artery that's going to provide ingress or egress for his proposed project, which means that those two dead-end streets that border the east and west of his property can only flow in and out of 27th Street for both traffic and pedestrians, so its closeness to the Metrorail Station is -- I'll concede that, but pedestrians and traffic and vehicular traffic must exit onto Southwest 27th Street, which, I'll share with you, over the course of years and without Villa 27 being present yet, already produces in mornings, mid -days, and afternoons a backup, westbound backup of traffic for two City of Miami Page 112 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 and a quarter blocks on 27th Street, and that's without his impact or Villa 27 being constructed. That's also not taking into account that this is really the most direct northern artery north of US 1 and serves as the escape route for traffic that is trying to avoid US 1, when a fireman crashes on 22ndAvenue in the middle of the morning on his way to work or even any -- or any other day, for that matter. That artery from 27th Avenue -- 27th Street --from 27th Avenue to 37th Avenue, if you're familiar with it, becomes the next closest highway or artery to serve it. He's also incorrect in stating that there have not been any -- that there hasn't been any construction in the area since the '20s or '30s. The home that I used to live in was demolished in '87. I constructed in '88, and I'm sure my other neighbors are going to provide you with other examples, since they're probably a little bit more better prepared than I am. But I wanted to at least stress to the Commission that the impact it's going to have when Villa 27 and his project, if approved, is going to have is vehicular traffic. It's going to make 27th Street impassable in mornings, afternoons, and pretty much all day. I thank you for your time, unless you have a question. Thank you. Chair Sarnoff Thank you. Next. Anyone else wishing to be heard on this item? Luis D. Herrera: My name is Luis Herrera. I live in 1181 Southwest 22nd Terrace. I'm going to back -- years back when the Metrorail be starting to put it over there in that particular place, including when you started -- Mr. Sarnoff, when you started by be a Commissioner, you would ask -- try to protected the neighborhood by that time in the 27th Avenue Metrorail Station. Pero, by the time the Metrorail Station be put it on, by that time, the Metrorail people said they gonna stay the residential area like it is. They never proposal there gonna be a high-rise in there, the one he show you in a picture over there, and the other Administration, that's the one approve it. And the other Administration, they never listen to the neighborhood. Andl think you been listen to the neighborhood, andl think we're gonna keep it like residential, like it is right now. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard? Mariano Cruz: Mariano Cruz, 1227 26th Street, Miami, 33142, beautiful Allapattah neighborhood, the best hidden neighborhood in Miami. The only question I got, What was the purpose ofMiami 21; spend so much money and so much time? Because Francisco Garcia was one of the beneficiaries who (UNINTELLIGIBLE) and now we need umpteen lawyers and everybody to come here. The proper purpose ofMiami 21 was to simplify the process. Now you need to bring ten lawyers to build a doghouse in your backyard, because from T4, from T3, and all that mumbo jumbo, the legal mumbo-jumbo they got here. Sure, it's a good benefit for the lawyers 'cause that's how -- the way they make their money, when they create the problems and, oh, we solve your problem. But remember, I have a magnying glass with a light, andl learn from Mr. Sarnoff to read the small print, too. Andl question that. What was the purpose of spending so much money, and now, for anything, you got to come here with a battery of lawyers and everything? And you don't have the money, God forsaking that's tough luck. Thank you. Chair Sarnoff Thank you. Idania Alvarez: Good afternoon. My name is Idania Alvarez. I live at 2731 Southwest 28th Court, Miami, Florida 33133. Exactly in back of my yard is the lot where they want to change the zoning to develop Mr. Pascual project. I would like to tell you thatl have living in my property for almost 20 years, and my husband has lived in the same house 35 years. We have worked very hard, as we are both immigrant, to have been able to pay 100 percent of the property with the hope of having a tranquil retirement since the retirement check barely covers food. If you approve this zoning change that Mr. Pascual is requesting, our neighborhood will be greatly affected due to its infrastructure of narrow street, with no sidewalk, with no have access to 27th Avenue, not the Metrorail Station, not to US 1. Therefore, there will be vehicle congestion on 27th Street, which is the only street access the neighborhood has to 27th Avenue, and vary visitors of that multi family project will convert our street into public parking. Our City ofMiami Page 113 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 neighborhood would also be affected by the indiscriminate cutting down of trees and paving of the lot, which could cause flooding of our street due to the lack of soil, of filter, the water when it rains. We are happy living in our homes and our neighborhood. We have an established lifestyle for many years, and in the last ten years, have been constructed ten new homes. In accordance with the statistics, in five years, there has only been an increase of almost 50 people daily using the Metrorail, in spite of all the new construction on 27th Avenue between US 1 and Coral Way. I do not believe that the investment in a small lot with a project of 32 units will be significant in the number of riders which will use the Metrorail in the future. Lastly, I kindly ask you not to permit the zoning change in the middle of our residential neighborhood, because it will not bring benefits to the neighborhood. On the contrary, it will alter the life and peace of us that live in it, in addition to reducing the value of our property. Thank you. I have the picture. If you need to see the neighborhood -- Chair Sarnoff Anyone else wishing -- Ms. Alvarez: -- I have it. Chair Sarnoff -- to be heard on PZ.2? Ana De Ford: Me. Chair Sarnoff Okay. You're recognized for the record, ma'am. Ms. De Ford: Good afternoon. My name is Ana De Ford. I live at 2750 Southwest 28th Court. Vice Chair Gort: Speak in the mike. Ms. De Ford: Thank you. My name is Ana De Ford, 2750 Southwest 28th Court. I live within 500 feet of the proposed development, and the zoning change will directly affect me. The neighbors and the neighborhood association met with the developer and his attorney in my house on March 12 where he explained what he wants to build. I frankly do not see how 32 units with parking, landscaping, and a drive -through alleyway will fit on .89 acres. I told this to Mr. Pascual several times. No one can see how a 32-unit building, no higher than four stories along Southwest 27th Court and no higher than two stories along Southwest 28 th Avenue, can fit on .89 acres. It is my opinion that this is just an excuse to change the zoning and then flip the property. Mr. Pascual's attorneys have stated various times that there is no new construction in our neighborhood. In the past ten years, there have been new constructions in 2734 Southwest 30th Avenue, 2710 Southwest 29th Avenue, 2632, 2634, 2640, 2643 Southwest 30th Avenue, 2812 and 2814 Southwest 28th Court, and 2815 and 2817 Southwest 28th Court. This, I frankly think it is very good for an established neighborhood, so I ask you to please not to approve this zoning change and -- as I truly do not see that it would benefit my neighborhood. Thank you very much. Andl do have pictures of all of these new constructions if anyone wants to see them. Chair Sarnoff Thank you. Anyone else wishing to be heard? Rosa Maria Palomino: Good afternoon. I will respectfully ask for the allotted time, on behalf of the Association, that you gave the attorneys, if you will, for a hopefully brief presentation. I am Rosa Maria Palomino. I am the vice president of Golden Pines Neighborhood Association. I am directly impacted; address, 2852 Southwest 33rd Court. My other one is 2711 Southwest 29th Avenue, directly in the line of fire. Accommodating New Development -- I provided copies for you -- Good urban planning is the result of many little decisions in the combination of small projects adding up to create a viable neighborhood rather than just a patchwork of buildings. It may seem that urban planning is a contentious issue, but that is only temporary as we learn how to communicate effectively with one another and develop mutual respect for each other's ideas. In Golden Pines -- A Successful Traditional Neighborhood -- people are infrastructure; over 21 City of Miami Page 114 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 percent population increase in past decade; residential properties have increased in value; many high -density residential projects have been realized in the neighborhood along the transit corridors; higher population density than City average; and successful despite their -- its very underserviced LOS (Level of Service). Now, the area affected by the rezoning application. As you will see -- you're going to see three streets with narrow dead-end roads, as that is the general characteristics of that area, not serviced by the City. This is accessible only from 27th Street, which is busy traffic from hundreds of area neighbors. Existing properties and public utilities practically encroach already on the public right-of-way. Now, the concerns that we have as an association and with this rezoning application is, one, neighbors may lose public easement to accommodate full size roads and sidewalks; parking from the proposed development will overflow into the neighborhood streets; proposed development will exasperate -- exacerbate traffic from 20-27 [sic] project, exiting through 27th Court; neighbors promised no commercial development in the neighborhood around the Coconut Grove Metrorail; zoning upgrade allows mixed use property in an established neighborhood; and then you have parking meters. What protection do we have from this zoning upgrade to prevent speculation? Neighborhood needs increased LOS, not revitalization, andl think that's where that's a misunderstanding. Now, I'm just going to give you the visuals so that you have a better idea of the already -existing issues. This is only access to the proposed project. That's Southwest 27th Court. On 28th Avenue, that's another narrow dead-end road. A high -density project would worsen the parking situation for the residents. The right-of-way problem for any potential project: Southwest 27th Court and 28th Avenue are two -- dead ends two-way traffic. Right-of-way problem for any potential projects: Electric poles are already existing and encroaching on the streets. You also have Southwest 27th Court to be shared with the 27-27, and this is where the proposed towers were -- or the project that was approved ten years ago. That obviously has gone nowhere. The other side: 15 floors, 180 units, with access to ground floor parking lot on Southwest 27th Court and 27th Street. These are the recent visuals of the homes that were built in the area within the last ten years, and all of the ones that we will show you were built all within the last ten years, and this is within that general area. Much -- many other homes were built as well. As you can see, they're not dilapi -- they're not shacks, they're not dilapidated. These are all within 500 feet of the proposed development; very different. Review of issues with rezoning application: General commercial in a residential neighborhood; intensity of proposal to build 32 units on property is inappropriate: parking overflow, loss of public easements, exacerbates traffic due to the 27-27 and proposed development. Rezoning application fails to meet and consider Miami 21 criteria: disrupts traditional neighborhoods with higher intensity and higher density in a community that is comprised of single family and duplex. Many new developments have been made recently in that area. Our intent is preserving our neighborhood, protecting our neighborhood as existing, provide transitions in intensity. Zoning application and conflicts with City policy, part 2. Advancing level of service: Golden Pines, like Coconut Grove and Silver Bluff do not have TOD (Transit Oriented Development) since there's no need, and we do not feel that there's need for any "revitalization." They're not coming and doing us a favor. The future of Golden Pines is in increasing the LOS that's already been pretty negligent for the last 30 years; improved streetscapes, traffic flow, parking, parks, to live and work. Now the 2011 repeal of smart growth: The State Legislature repeals smart growth in 2011 as too costly to implement. State standards now exist to protect established neighborhoods, as was the intent ofMiami 21. Transit oriented development is just one option of many now. Traditional neighborhood development considers a dynamic home/work environment rather than a commute. This is just a chart for the urban infill and revitalization versus overdevelopment and urban blight as we are not MiMo (Miami Modern). If TOD guidelines are followed, then development here would only marginally boost ridership of public transit while the negative impact is more severe and longer lasting for the neighborhood. And urban blight promotes suburban flight. Conflicting planning directives: State, County, and municipal governments each have their own approach to smart growth, and they have to work together to establish complementary standards. Fundamental to TNDs (Traditional Neighborhood Developments) and the use of the existing environment to integrate land use and transportation where common amenities are within a five-minute walk from each home. And this is just a brief list of Florida TNDs that I'm not going to read. It's just for your City ofMiami Page 115 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 visual. Important concurrencies. Parking: Thirty-two to forty-eight parking spaces are required according to the zoning. A probable parking reduction under TOD guidelines will result in parking throughout the neighborhood to the burden of all of the neighbors. Traffic: Preliminary impact study should have been included based on the LOS standards; local street is a high -use through road. Schools: The area elementary and high schools operating at overcapacity. Alternatives for concurrency include a magnet program. And that is it. Thank you for your time. Chair Sarnoff Anyone else wishing to be heard on this issue? Grace Solares: Grace Solares, Miami Neighborhoods United. Miami Neighborhoods United support the opposition of this project by the neighbors of Golden Pines and by Golden Pines Association. I want you to bear in mind that these people who have prepared these things are volunteers. They really have worked a lot to present this PowerPoint and all of this information and done all of the research. That's why, really, really, they're coming here with their heart in their hands. Commissioner Suarez: Okay. Thank you. Judith Arthur: Good afternoon. I'm Judith Arthur, 2740 Southwest 28th Court. I ask you please just consider some of these adverse effects that you're hearing which will really deteriorate the living standard we have here now. What we really need is a green space. The only green space is Douglas Park, which is lovely, but it's very far from the rest of us. I certainly thank you for being here and listening to us and hope you will take heed of us. Thanks. Chair Sarnoff Last public speaker. Guys, come on, stand up there. Let's go. Marcelo Vergara: My name is Marcelo Vergara. I own a property at 2745. I'm facing the Metrorail Station on 27th Terrace. I happen to be involved in all this, and I'm learning and listening to all the concerns emotionally. My property shares the property line with the property that is requesting a changing of zoning. Along my line, that zoning was changed to T5, and I've been looking all this huge investment of mass transportation, andl understand if you look back to the stations, Miami and all the down to (UNINTELLIGIBLE). Obviously, around this intersection, the station, there will be high density. That is the purpose, not to increase the people that will travel and use the Metrorail Station to travel. So I feel -- I hear the people and their concerns, but I think that growth is coming, no matter what. That's why the mass transportation was done there, and the idea is Miami will change, whether we like it or not. It will become a huge city, and the Miami 21 is in anticipation. So was the mass transportation. It's unfortunate that a lot of situations do happen, but I hear that the Miami Planning Department, which I believe they have to have professionals, you know, prepared to understand the growth and to try to do it in a way that benefits the people. There will be, obviously, situations where people are attached emotionally and maybe -- You know, I'm not fully aware of the design that they're proposing, but Miami will keep on growing, and that was the mass transit. This will happen sooner or later. There is a project, I understand, that was supposed to be developed years back in the Miami Station -- the Grove Station. I don't know what happened with that, but when that happens, that will be an impact that you cannot ignore it, so might as well be prepared that all those areas will change in density. That's the reason of the mass transit, so -- andl see that the property I have will be absorbed. If that project comes up, owning there a home will make no sense, whatsoever, but that's peculiar and my position, which it doesn't have to be a respected position of other people, but this is something that the growth will come. This is something that will happen. Chair Sarnoff Thank you. Mr. Vergara: Thank you so much for the time. City of Miami Page 116 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff Judith. Let's go, Judith. Judith Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace. I live in the adjacent neighborhood, andl have been working with the Golden Pines Homeowners Association for 30 years, and I've been going around the very area that we're talking about today with petitions, andl can tell you that none of the people who live in the small homes in either Silver Bluff or Golden Pines ever wanted and specifically stated in numerous petitions that we do not have intensification in the area of more housing, larger housing. It's against the character of the neighborhoods. And may I remind you that the idea ofMiami 21 was to concentrate all this increased development, big condos, and all of that downtown and leave the neighborhoods alone. Now, both my Commissioners since I've lived there, Mayor Regalado and Mayor Suarez, have always respected that and prevented excessive growth on 27th Avenue. Liz Plater-Zyberk, herself, said that some of the buildings built on 27th Avenue were an urban disaster and a poster child for bad development. So we don't need it into the neighborhoods. Thank you. Chair Sarnoff Thank you. You're recognized. Linda Alger: My name is Linda C. Alger. I live at 2784 Southwest 29th Avenue for the past 40 years, directly adjacent to the western border of the Metrorail Station. Chair Sarnoff Back up a little and use your mike. There you go. Ms. Alger: Thank you. In all due respect to some of my neighbors that have spoken, I have lived there when my neighbors lost their houses to eminent domain to provide the land for the parking lot. I attended all the meetings. The City ofMiami appointed Jack Luft and Joyce Myers to represent us as a liaison so that we would be allowed to speak in all the meetings that Keiser Transit held. One of the objectives that we accomplished was the barrier on 27th Terrace to prevent the traffic from the Metrorail from saturating the adjacent neighborhood. They used 27th Terrace and 27th Lane as the ingress and the egress for the Metrorail Station. You come in at 27th Avenue next to where the bank used to be, adjacent to the Metrorail, and you can either leave back that way or you can go down to 32ndAvenue where the Boys Club is. I would argue with him that we're the street that everybody uses when there's an accident on the highway, but that remains. We were never told that this area was not supposed to be built. We were always told that in a circle around the Metrorail, we could expect that that area would be developed to provide the ridership for the Metrorail. We've never been told any different. That's why my neighbors lost their homes. That property on the Metrorail joint development still hasn't been built. I have nothing to say about that. This project is within the pedestrian path of the Metrorail. Not everybody can afford to live in Coconut Grove. Not everybody can afford to live downtown. Not everybody can afford to live Coral Gables. But if you work in one of those places and you want to get there without having to sit in traffic, maybe you can come and live in this little neighborhood, except there is no place to live in this neighborhood. There is a negligible amount of housing available in this neighborhood. The apartments that come available occasionally are mostly dilapidated, old, not very well -maintained apartments behind the Boys Clubs; efficiencies and one -bedroom apartments. The reality of the neighborhood that I live in is that it is at a major Metrorail station, and while all the other Metrorail stations around them have built up somewhat affordable housing, some with market rate housing -- Dadeland has market rate. Some of those stations up in the northern end of the party have affordable and workforce housing. But our neighborhood, you cannot come and live in our neighborhood un -- you can't use the Metrorail unless somebody brings you and drives you or you drive your car and park it at the station. I live across from the station. I know what I'm talking about, andl tell you the truth, and I've lived across the station from the day that it was built. So do we fight anything ever being built there? Do we tell everybody, "No, we don't want you coming and living in this part of the City ofMiami and accessing the buses and the Metrorail, 'cause we're not going to allow anybody to build there, we're not going to allow you to live there, so go find someplace else to live and put your car on the roadway?" When -- this isn't a great number of apartments, City ofMiami Page 117 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 but it does mean that some of these people might not have to get in a car. They might be able to literally walk for a few minutes and go ride on the Metrorail. There's only about 16 properties that face the Metrorail right now and have that access to the Metrorail. So we know that roads and transit aren't free; they were never meant to pay for themselves. We pay for them with our taxes. So we have a choice: We either allow the development to happen as infill development around areas like this or we keep telling people to extend the urban development boundary and go live out there and add your car to the roadway. So I really ask you to think not just about the feelings of us today but about the feelings of the City as we go into the future, and) appreciate the chance to come up and talk to you. Chair Sarnoff Thank you. Anyone else wishing to be heard? Hearing none, seeing none, the Commission -- public hearing is now closed. So I actually know this area pretty well walked it pretty extensively with my compadre, Francis, at times, and I've also walked it extensively myself. The person who had the TOD, transit oriented development, was Carlos Rua. Carlos Rua, I believe, went bankrupt. It was a 99-year lease from the County, and that is supposed to be a TOD that's supposed to be built there, and I think it's going out for further RFPs (Request for Proposals) from the County, so something will be built there, and ifI recall correctly, his intended project was 11 stories, so there's going to be a TOD right next to it. You know, this whole thing reminds me of my neighborhood, because it looks exactly like my neighborhood. I happen to live in the center Grove, and) remember when the center Grove was all upset when something called French Village came in. French Village is on Lincoln Avenue. As a matter of fact, I think you might have had a relative live there. And it was going to ruin the neighborhood Commissioner Suarez: It's beautiful. Chair Sarnoff -- and it was going to bring massive traffic, and it was just going to ruin the parks. And guess what French Village did? Improved the neighborhood, became a really cool place to live, and Lincoln is where I walk my dog, because I find it to be probably the safest street there is to walk in Coconut Grove because there isn't so much traffic. You know, this particular project is a good project. Now, the thing) need to understand is how do I know this project gets built versus just up -zoning to the T4-R? And let's say there's a flip. How do I protect this from happening? Supposing) believe in this project, but I don't have a plan in front of me. I don't have a resolution. I don't have a covenant. Mr. Garcia: So, clearly, what is before you today is not the project, itself. It is simply the rezoning, and the best guarantee I can give you -- and) happen to think that in this particular respect, we, as the City, are in a much better position than we have been in the past -- is that the zoning ordinance you have presently is a form -based zoning ordinance, and it defines very clearly both what the massing of the building that could happen here is and also how it is articulated to front the streets around. So whether it is the project that you've seen and the documents you've been presented with, which, again, is not subject to approval today, or it is a similar project by a developer down the line, rest assured, following the zoning ordinance you have today, a project very similar to that and very similar to the French Village that you make reference to is what exactly is going to be built on that site. Chair Sarnoff And let me bear -- bring something to bear, because Golden Pines has been in my office probably for the past three months on crime and crime related to that parking lot, and that particular crime in that parking lot, it's actually a little bit of what I call urban legend now, which is the girl with the red hair that has supposedly been rooted out of there as a result of Lieutenant -- I think it's Gonzalez -- taking some action based on Gilda Rodriguez and others coming into my office, and if we don't put some eyes and ears on that street, if we don't start doing something, there will be crime there, because there's nothing else to do there. And, you know, it's very true, we created these opportunities for TODs. We all know what a TOD is. We all know how they work and what they're supposed to be, and you can't disregard the fact that, City of Miami Page 118 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 you know, this -- a T4-R is just not significant amassing. I don't know ifI would -- I didn't approve -- don't know that I would approve -- hope I wouldn't -- the project on 27th, more or less, for its appearance sake, but having said that, I'm a little bit surprised to hear that it could still be built, but I think this is the last year it could be built. This is the kind of stuff you want happening in your neighborhood. This is the kind of stuff you want to have in your neighborhood. And how do I know that? It is the mirror image of my neighborhood, and it's exactly what everybody panicked was going to ruin my neighborhood, and it was exactly what brought my neighborhood back. And, you know, I understand change is a little bit fearful and everybody's concerned. Parking, you know, they -- if I'm not mistaken, you're going to have to have the requisite parking. You want to address that at all or --? Mr. Garcia: I'm happy to do that. That was one of the concerns that was brought up, and so they will either provide all required parking on site, or if they want to avail themselves -- andl believe someone brought it up -- if they wanted to avail themselves of parking reductions which they could apply for because of their proximity to the Metrorail Station, that, itself, that component of the design, itself, would have to be subject to an administrative process, which would require notification to the abutting property owners, so that would be subject to design review. We would certainly be charged with ensuring that there is no adverse impact in terms of spillover, et cetera, and if we find that, in fact, they're able to handle the demand on site, then we'll recommend approval; the neighbors will have a say and will be notified And if we find that there will be no negative impact, then we would approve it, but again, the neighbors will be notified regardless. Chair Sarnoff And you're recommending this project go forth? You're recommending the T4-R; am I right? Mr. Garcia: Absolutely. Chair Sarnoff Okay. I'm going to make a motion to approve PZ.2. Vice Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Second, for discussion. Vice Chair Gort: You're recognized. Commissioner Suarez: Thank you, Mr. Chairman. We did something very similar in my district not that long ago; maybe a Commission or two ago. It was the exact same set of circumstances. There's a duplex community, duplex and single-family community behind a lot that was behind -- I think it touched a little bit of 27th Avenue, but it wasn't a transit oriented development, so we didn't even get that additional benefit. You know, obviously, having it be T4-R versus T4-0 is a big benefit because there's no commercial. There's not going to be any sort of commercial development in that area. I think at the end of the day, it does touch a significant -- aside from the fact that it's a transit oriented development, it would also touch a significant avenue, on 27th Avenue. I agree with you, by the way. I don't think -- and by the way, I down -zoned 27th Avenue on my side of the district, because I agree that I would not have approved a project that big on 27th Avenue, because the whole principle behind Miami 21 is that it's supposed to be gradual and we're also supposed to protect our single-family residential homes and neighborhoods. This is not -- it's not like we're zoning over homes. We're zoning over a flat, you know, lot that is going to be developed into -- you know, it's going to be developed into residences just with three stories instead of two. I think you can build in T3 a two-story home; is that correct? Mr. Garcia: It is correct. Commissioner Suarez: Yeah. So this is allowing for another floor of residential, so I think it's City of Miami Page 119 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 very benign, and sometimes people in the neighborhood don't understand, you know, those nuances. That's it. Vice Chair Gort: Any further discussion? No further discussion. It's an ordinance. Victoria Mendez (Deputy City Attorney): To be clear, is it for T4-0 as it's placed or T4-R? Chair Sarnoff I think the motion was T4-R. Commissioner Suarez: T4-R, as recommended by the Planning & Zoning Appeals Board. Ms. Mendez: Thank you for the clarification. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Vice Chair Gort: Roll call. Todd B. Hannon (City Clerk): Your roll call on Item PZ.2. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Before I vote, this is on a first reading. (UNINTELLIGIBLE) first reading. I think you heard from the residents in the area. I think their main concern is the overflow of parking and also the traffic flow, and this is something that you should sit down and have something ready for the second reading. Yes. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes. Commissioner Carollo: Well, I mean -- I'm sorry, finish the vote. Chair Sarnoff I think he did finish it. Commissioner Carollo: Okay. That's why you passed the gavel. Mr. Chairman, just on this issue, you know, Commissioner Suarez is right. He had something similar in his district, andl think in first reading, I voted against it. I'm voting in favor this time, but at the same time, the big difference between this and his district is that after the first reading, the developers -- Commissioner Suarez: That's true. Commissioner Carollo: -- actually got together with the neighbors and there was some consensus built, so I would strongly encourage that you get together with the neighbors and see, you know, their concerns and see how maybe you can come up with a consensus. City of Miami Page 120 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Mr. Mayol: Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: Just to amplify what the Commissioner said. You know, what the big issue was in my district was the change between it being " O" and `R, " and so them not wanting there to be a massive amount of commercial traffic, which would be, you know, potentially, under " O" versus `R, " where you have, you know, one or two cars per residence or whatever -- you know, whatever the standard is. So maybe communicating that difference and showing some sketches of what the project may look like might be something that would be helpful because I could see how it could improve their neighborhood versus detracting from their neighborhood. Mr. Mayol: Thank you. Chair Sarnoff All right. Thank you. Mr. Mayol: Thank you. PZ.3 RESOLUTION 12-00252za A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. 12-00252za CC 06-13-13 Fact Sheet.pdf 12-00252za PZAB & ZoningAdm. Appeal Docs.pdf 12-00252za CC Legislation (Versions 3 & 4).pdf 12-00252za Exhibit.pdf LOCATION: Citywide APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and uphold the Zoning Administrator's Interpretation. PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation regarding accessory parking. Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City of Miami Page 121 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 D2.1 13-00608 END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00608 Status - Hiring Police Officers.pdf DISCUSSED Chair Sarnoff All right. Going to the blue pages, I believe. District 2, status of hiring of police. Any police personnel here, or are they all out on the street because we have a shortage? Vice Chair Gort: They're patrolling, and they're getting trained. Chair Sarnoff Okay, we'll bring this back because, apparently, we don't have police officers and maybe do it on an expedited basis. Later... Chair Sarnoff All right. D4 -- I think you did D4.1. Unidentified Speaker: Yes. Commissioner Carollo: Andl see the Police Chief, if you want to take your item. Chair Sarnoff Okay. Chief good to see we didn't need cops on the street. Manuel Orosa (Chief of Police): Sure. Chair Sarnoff How we're doing? Chief Orosa: Commissioner, since the last Commission meeting, we've hired eight more police officers. We're still processing over 100 certified police officers. We're also processing over 200 probationary officers, people we have to send to the academy. We are also -- we opened a City of Miami Page 122 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 certified list that ends tomorrow, andl understand we have close to 700 applicants for that certified list, which we will start processing as soon as we finish the 100 certified we're processing now. Chair Sarnoff Chief of the 50 this Commission asked you to hire -- Chief Orosa: Correct. Chair Sarnoff -- how many have we hired? Chief Orosa: Eight. Chair Sarnoff Eight? Chief Orosa: Mm-hmm. Chair Sarnoff And how many have we lost? Chief Orosa: Since last Commission meeting, I believe one. Chair Sarnoff Okay. So we have a net seven. Chief Orosa: Correct. Chair Sarnoff Okay. Chief Orosa: And then also we've -- since last Commission meeting, we've hired seven dispatchers and we are processing 120 applicants for three positions of our detention officers. Those are the people that transport our prisoners. We also held -- three weeks ago, we held an orientation for 98 PSA (Public Service Aide) applicants, which are going under the background investigation as we speak. Chair Sarnoff Are you satisfied, your interaction between the Administration and the Police Department? Chief Orosa: The Administration, meaning? Chair Sarnoff I assume the Administration is HR (Human Resources), so I'm -- but I want to use Chief Orosa: I -- Chair Sarnoff -- (UNINTELLIGIBLE). Chief Orosa: -- am very happy with our recent acquisition in HR, and we're moving forward together, so I don't have any issues with them. Chair Sarnoff Do you have any impediments you want this Commission to help you with? Chief Orosa: No. I'll be back ifI do, but for now, it's working smooth. We have a total of 19. I added one more. It's going to be 20 come the end of this month, background investigators, so the process should be smoothing, and the priority is certifieds and then probationary officers. Chair Sarnoff Okay. So there's nothing this Commission can do to help you either facilitate in any way, shape, or form the hiring of more police officers than what we 're doing now? City of Miami Page 123 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 D3.1 13-00675 Chief Orosa: Right now, no, sir. Chair Sarnoff Okay. Thank you. Chief Orosa: Thank you. Vice Chair Gort: How are we doing in the Department of Justice? Chair Sarnoff Well, that's what he said. There's no problems. Right? Chief Orosa: With what? Vice Chair Gort: Department of Justice. Chair Sarnoff When I ask you are there any problems, I thought that would include DOJ (Department ofJustice). Chief Orosa: No. The only -- DOJ is awaiting for the results as we proceed giving physical agility tests, doing backgrounds, et cetera, to ensure that we have an appropriate amount of individuals that we're lacking of and then, hopefully, by the time we finish a couple of lists, they'll be happy and they'll lift the consent decree, and we will completely be out of their hair. As -- we're talking about police officers. For lieutenants, they're still awaiting the exam that's going to be given next -- probably mid-2014. Vice Chair Gort: So the consent decrees, at this time, dictating what? Chief Orosa: Consent decree dictates everything we do for the rank of police officers and police lieutenants. We have to clear everything with them. Vice Chair Gort: Okay. In other words, all those individuals that have been talking for a month now, they spent $10,000 of their own money to go through the academy and get all the courses and all that, they're not able to be picked up? Chief Orosa: They are able to apply like anybody else, and they have the same selection -- right of being selected like anybody else. Vice Chair Gort: But my understanding, a lot of those individuals have applied. Chief Orosa: They can apply. For example, some of them have been hired already. Some of them are in those 100 we're actually processing, plus some are -- they're open to apply when the list terminates tomorrow, the application process, so hopefully, some of them have applied already. Vice Chair Gort: Okay. Thank you. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM City of Miami Page 124 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 STATEMENTS ENDING FOR THE YEAR SEPTEMBER 30, 2012/EXTERNAL AUDITORS TO ADDRESS THE COMMISSION. 13-00675 Issuance -Audited Financial Statements.pdf DISCUSSED Chair Sarnoff Okay, District 3. Commissioner Carollo: Thank you, Mr. Chairman. My first item is regarding an update on the issuance of the audited financial statements for the City ofMiami. As you remember, at the last Commission meeting, we had the auditors present, and they stipulated that they expected to have issued financial statements in mid -June, so I want to get from the Administration on record where we are in the process and when will the audited financial statements for the year ending September 30, 2012 will be issued. Jose Fernandez: Good afternoon. Jose Fernandez, Finance Director. Based on the status meeting we had yesterday with Ernst and Young, they've committed to issuing the CAFR (Comprehensive Annual Financial Report) by the end of next week -- no later than the end of next week. Commissioner Carollo: Okay, very good. Please let me know if that would change. Mr. Fernandez: Sure. Commissioner Carollo: I don't know when the next Commission meeting is, but in all fairness, just please let me know if that changes. If next week it's not issued, would you please contact my Mr. Fernandez: We certainly will. Commissioner Carollo: Thank you. D3.2 DISCUSSION ITEM 13-00676 FUTURE AUDIT PREPARATIONS. 13-00676 Email - Future Audit Preparations.pdf DISCUSSED Commissioner Carollo: And Mr. Chairman, ifI could go on to D3.2? Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. This is a discussion with regards to future audit preparations. Normally, I would say it's a little premature, but it actually is not, andl wanted to discuss this, actually, and be brief about it, because I will be bringing it back with more details, but I think for next year's audit for the year ended [sic] September 30, 2013, I think the audit needs to start sometime in June. I want you to please reach out to Ernst and Young, see if they could start doing interim work, and let's get the audit started so we don't have this issue next year. Jose Fernandez (Director, Finance): Okay, sure. Yesterday during a status meeting, we did discuss the upcoming year, and they told us that they were going to, you know, finish what they had to do now and then wrap up, and they would be back in about two or three weeks to start City ofMiami Page 125 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 D3.3 13-00677 interim work. Commissioner Carollo: Okay, and that's something that I definitely want to make sure that that occurs. It's something that I briefly had spoken with the Manager, with, you know, Finance and staff but I want to put it for the record, because I'll probably have an update sometime in the near future to make sure that it is occurring, because this has to stop. This constant year after year that we cannot produce our audited financial statements on time has to stop. Mr. Fernandez: I totally agree with you. DISCUSSION ITEM RECRUITING. 13-00677 Email - Recruiting.pdf DISCUSSED Commissioner Carollo: D3.3. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. This again goes Citywide, but more importantly, Finance. Listen, we have, lastl heard, about 14 vacancies in the Finance Department. Also, what I'm seeing is that we're not really promoting within, and when there's voids, we don't have anyone to step in. And again, I'm going to be brief about this, but I think we need to start looking when the next career days are. We need to start going to universities, the various universities. I know FIU (Florida International University) has an excellent accounting program, and we need to start going to the universities on career day and actually start recruiting young talents so we could start nurturing them once they're in the City and grooming them for future positions. Unidentified Speaker: Absolutely. Commissioner Carollo: Okay. And D3.4I'll defer to the next meeting. Thank you. D3.4 DISCUSSION ITEM 13-00678 ILLEGAL BILLBOARD. 13-00678 Email - ILLegal Billboard.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00600 DISCUSSION REGARDING IMPLEMENTATION OF FICAALTERNATIVE PLAN FOR PART-TIME, SEASONAL, AND TEMPORARY EMPLOYEES. City of Miami Page 126 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 D4.2 13-00665 D4.3 13-00666 D5.1 13-00565 NA.1 13-00742 13-00600 Implementation of FICAAlternative Plan.pdf NO ACTION TAKEN DISCUSSION ITEM UPDATE REGARDING THE COLLECTION OF OUTSTANDING SPECIAL ASSESSMENT LIENS. 13-00665 Update - Special Assessment Liens.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING YELLOW LIGHT INTERVALS AT CITY OF M IAM I INTERSECTIONS. 13-00666 Email -Yellow Light Intervals.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM DISCUSSION REGARDING AWARDING ALL EMPLOYEES A MID -YEAR BONUS. 13-00565 Email -Awarding Employees Mid -Year Bonus.pdf NO ACTION TAKEN END OF DISTRICT 5 NON -AGENDA ITEMS DISCUSSION ITEM VICE CHAIR GORT DIRECTED THE ADMINISTRATION FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA) TO WORK WITH THE OFFICE OF THE CITY CLERK TO PROVIDE TABLES WHERE PASSPORT CUSTOMERS ARE ABLE TO COMPLETE THEIR FORMS. DISCUSSED Vice Chair Gort: Mr. Chairman, since we have the Clerk in here, I've noticed, because I go through that office every day, our passport business is picking up quite a bit. A lot of times, you City of Miami Page 127 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 NA.2 13-00743 Office of the City Clerk NA.3 13-00724 District 2- Commissioner Marc David Sarnoff have a line of people waiting there to fill out the documentation to get their passport. If we can instruct GSA (General Services Administration) to maybe come up with the -- some kind of a table or something there where people can fill out their documents and so on, I think it would be very important, and if they can use some of the facilities in here. Okay? Just a request. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FORA TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Jose M. Fernandez City Manager Johnny Martinez Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0240 ToddB. Hannon (City Clerk): Andl do have one non -agenda bid item. It's for the Housing and Commercial Loan Committee. The City Manager has nominated Jose M. Fernandez for Commission consideration and approval. Chair Sarnoff That will cost him a lunch because we don't do non -agenda items for Administration. I'm just kidding. Is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: That's what happens when you have a non -agenda item. That's what happens. Move it. Chair Sarnoff We have a motion by Commissioner Carollo, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Hannon: Thank you, Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION LIMITATION PER PERMIT, IN ORDER TO HOSTA FARMERS MARKET AT THE BRICKELL FLATIRON SITE, LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, OCCURRING EVERY SATURDAY, City of Miami Page 128 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 NA.4 13-00754 STARTING JULY 1, 2013 AND ENDING ON JANUARY 1, 2014. 13-00724-Legislation. pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-13-0241 Chair Sarnoff I have a pocket item, gentlemen. It's merely to waive the temporary events from two events a year. It's the Farmer's Market on the Brickell Flat Iron project where -- Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. Any discussion? All in favor, please say "aye" The Commission (Collectively): Aye. DISCUSSION ITEM DISCUSSION REGARDING THE STATUS OF LEGAL ACTION ON THE PROPERTY LOCATED AT 3851 BIRD ROAD. DISCUSSED Direction by Chair Sarnoff to the City Attorney to provide the City Commission with a status report regarding pending legal action on the property located at 3851 Bird Road at the July 25, 2013 Commission Meeting. Chair Sarnoff All right. Madam City Attorney, I had an issue on 3501 Bird Avenue. Victoria Mendez (Deputy City Attorney): I think the address -- well, I have a status for you. Chair Sarnoff Can you just give it to me real -- briefly? Ms. Mendez: Yes. Basically, Mr. Chair, the property had about a $4 million mortgage that was assigned to several, several different persons who now each -- about -- there are three -- approximately three foreclosures pending. What we're going to do -- we intervened in one of the foreclosures. One, we were served based on our liens, we were served on another one, and we're searching out the third one. There are a few more that are not in foreclosure right now, and we're trying to get involved in each of those cases in order to get one of them to try to ameliorate the situation, whether it be painted, fix it, because some of these have been -- one of the foreclosures, at least, has been going on since 2009. Chair Sarnoff Does the judge have jurisdiction power, the ability to require an owner to remove the graffiti? Ms. Mendez: The judge does have the ability to tell the mortgagee -- any of the mortgagees or the present owner, if he fines them, to be able to do -- Chair Sarnoff Have you requested such an order from the judge? City of Miami Page 129 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Ms. Mendez: Well, that is why we're intervening in one, we're answering in the other, and we're trying to go to mediation on one of those in order to be at the table to participate and have the judge in one of those two cases be able to order that. We also have to see about putting all these cases, as they come up, before one judge so that -- you know, consolidate them, as well. Chair Sarnoff How long is this process going to take? Ms. Mendez: I can give you a better status in 30 days, Mr. Chairman. Chair Sarnoff Have you done anything to go in front of the administrative judge to consolidate -- excuse me -- the cases? Ms. Mendez: Well, one of the cases just came in yesterday, so we weren't aware of the actual -- there being a couple of cases, so we will consolidate it by the end of this week or next week. I mean put it on a motion calendar with Judge -- I believe it's Judge Bailey that does the administrative calendar on that. Chair Sarnoff So your intention is to administratively consolidate these, bring it before the judge, ask him for a consolidation order for discovery, and then to ask the court to do an interim order to require the owner and/or mortgagee -- Ms. Mendez: Of one of these cases to -- Chair Sarnoff Immediately make repairs/reparations to the building. Ms. Mendez: That is the goal. Chair Sarnoff Now, in the private sector, I wouldn't think that would take more than 40 days. Ms. Mendez: It shouldn't, and we will work diligently to get you a status. I meantl would definitely have a status in 30 days, but we should be able to get something for you earlier than that. Chair Sarnoff Why don't you report to the open Commission second meeting in July? That should give you ample time for judge's vacation, sickness, disease, plight in case we get some, you know -- I don't know -- anything in the world that could happen. All right? Ms. Mendez: Okay. Chair Sarnoff We just shouldn't look like -- City Beautiful sits just, what, to the west of us right there or just to the north? And it looks pretty good. And then you come to the City ofMiami and it's graffiti central. Andl would caution the Administration, now is not the time to paint that building, probably, and if you're going to paint it, Mr. Manager, lien the building for the painting there, too. Ms. Mendez: Unfortunately, right now, if anything gets liened on the property, we might not be able to collect, so it would have to be in the situation that we're in with a few of those lis pendens out there. Chair Sarnoff Yeah, $4 million mortgages can put us in a good spot, unless -- are any of these liens -- what do you call them? Ms. Mendez: Special assessments? City ofMiami Page 130 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 Chair Sarnoff -- special assessments? Ms. Mendez: The problem is that some of them were filed after some of these lis pendens, so we have to -- but we're not counting out that we cannot -- we can collect on some of the things we've already done, if anything, but I just want to be a little realistic on putting the lien now. Chair Sarnoff A $4 million mortgage is a lot of mortgage on that property. All right. Ms. Mendez: But we're working diligently to get you a resolution. Chair Sarnoff Okay. NA.5 DISCUSSION ITEM 13-00755 AN ATTORNEY -CLIENT SESSION WAS REQUESTED AND SCHEDULED FOR JUNE 27, 2013, AT 2:00 PM, AT MIAMI CITY HALL, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION CASE OF: FLORIDA POWER AND LIGHT COMPANY TURKEY POINT UNITS 6 AND 7, POWER PLANT SITING APPLICATION PA03-45A3, CASE NO. 09-003575EPP, PENDING IN THE DIVISION OF ADMINISTRATIVE HEARINGS (DOAH), TO WHICH THE CITY IS PRESENTLYA PARTY. DISCUSSED Chair Sarnoff Before we close the meeting, I am told by the City Attorney that they want to schedule an FP&L (Florida Power & Light) shade meeting with us. Victoria Mendez (Deputy City Attorney): Mr. Chairman and members of the Commission, pursuant to the provisions of Section 286.011(8) Florida Statute, I am requesting that at the next City Commission meeting of June 27, 2013 an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of in re Florida Power & Light Company Turkey Point Units 6 and 7, Power Plant Siting Application, Case Number 09-3575-EPP, pending in the Division of Administrative Hearings. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to the litigation and any expenditures. Vice Chair Gort: What litigation? Chair Sarnoff What (UNINTELLIGIBLE). It's regarding the power lines, I believe. Vice Chair Gort: I understand we made a decision here and we agreed to one corridor with certain -- what else is there to discuss? Chair Sarnoff She wants to -- Vice Chair Gort: I mean, I got a memo where they want me to sign something, which I would not sign. Ms. Mendez: I don't know how you received that memo. Vice Chair Gort: I got it. Ms. Mendez: Unfortunately, what they told me is that they had spoken to your office and you City of Miami Page 131 Printed on 7/8/2013 City Commission Meeting Minutes June 13, 2013 ADJOURNMENT had requested something like that. I did not think that that was the case, but it has nothing to do with our office. andl advised them thatl had a resolution from the City Commission telling me underground or nothing, so -- Vice Chair Gort: That's it. Ms. Mendez: -- that is the status of the case with regard to our posture, and we've been litigating as such, but there are certain things thatl would like to discuss with the Commission just -- Chair Sarnoff So what time are you calling it, 2 o'clock the next Commission meeting? Ms. Mendez: Whatever your pleasure is. Chair Sarnoff Two o'clock the next Commission meeting. Is that okay with everybody? Vice Chair Gort: I hope I'll be here. Chair Sarnoff We'll (UNINTELLIGIBLE). Vice Chair Gort: I don't know if I'll be in here. I'll be in Turkey -- Chair Sarnoff As long as -- Vice Chair Gort: -- so I don't know if I'll make it back. Chair Sarnoff --Commissioner Gort is served lunch, he'll be here. So the City Attorney's Office will be serving lunch. I'm just teasing. Okay. Thank you. I think we can be in adjournment. If you all can stay, we have an Omni meeting. I promise to get you in and out in -- how long, Mr. Bockweg? Vice Chair Gort: Two minutes. Chair Sarnoff Ten minutes? You're going to be timed. The meeting adjourned at 5:11 p. m. City of Miami Page 132 Printed on 7/8/2013