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HomeMy WebLinkAboutCC 2013-11-21 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. I° r • IN O9P I9 1i: Meeting Minutes Thursday, November 21, 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 Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 21, 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 BI - BUDGET DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Spence -Jones and Commissioner Spence -Jones Absent: Commissioner Suarez On the 21 st day of November 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 Commission Meeting was called to order by Chair Sarnoff at 9: 31 a.m., recessed at 10: 48 a.m., reconvened at 11: 03 a.m., recessed at 12:13 p.m., reconvened at 3:38 p.m., recessed at 4:19 p.m., reconvened at 4:32 p.m., recessed at 5: 08 p.m., reconvened at 5: 09 p.m., recessed at 6: 24 pm., reconvened and adjourned at 10: 27 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9: 35 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Sarnoff The meeting will be opened with a prayer by none other than our newly and freshly minted Mayor of the City ofMiami, Tomas Regalado; and the pledge of allegiance by Commissioner Spence -Jones. Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-01350 PRESENTATION Honoree Chief Maurice Kemp Major Craig McQueen Major Dennis Jackson II Angela Thomas Dupree 13-01350 Protocol Item.pdf PRESENTED Presenter Commissioner Spence -Jones Protocol Item Certificates/ Appreciation Commissioner Spence -Jones presented Certificates of Appreciation to ChiefMaurice Kemp of the Fire Department and Major Dennis Jackson, II of the Police Department for their outstanding leadership, dedication, responsiveness and wonderful commitment to workplace efficiency. In addition, a Certificate of Recognition was presented to Dr. Angela E. Thomas -Dupree for her hard work and dedication as the principal ofD.A. Dorsey Educational Center. Chair Sarnoff All right, we'll now make the presentations and proclamations. Commissioner Spence -Jones is recognized for the record. City ofMiami Page 3 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Spence -Jones: Good morning. The Audience: Good morning. Commissioner Spence -Jones: This is the last time you're going to hear me say good morning. To God be the glory; to God be the glory. It is a pleasure -- I thought I did my official good-bye already. Johnny, I had to come back again, yeah? Well, I'm glad you came back for my final good-bye. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Carollo, seconded by Vice Chair Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones MAYORAL VETOES ORDER OF THE DAY Chair Sarnoff And do we need to approve any minutes? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the regular meeting minutes of the October 10, 2013 Miami City Commission meeting. Chair Sarnoff Is there a motion? Commissioner Carollo: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort; any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Okay, PH.1. Oh, I -- before I do that, I apologize. The Clerk has alerted me that I did not ask -- Mr. Clerk, are there any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission for not more than two minutes on any proposition before the City Commission. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later dates before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by City ofMiami Page 4 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. Lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Chairman or the Administration will announce any items, if any, that are being withdrawn, deferred, or substituted. Thank you. Chair Sarnoff Mr. Manager, do you have any from the Administration side, anything you wish to defer or --? Johnny Martinez (City Manager): Yes, sir, we have one item that we'd like to continue, RE.14 -- Chair Sarnoff Okay. Mr. Martinez: -- to continue to December 12. Chair Sarnoff All right. Does any Commissioner have anything they want to mod, continue, or defer? Commissioner Carollo: Mr. Chairman, give me a second. I thought there was more items in my agenda that the Administration had mentioned that were going to be deferred, so let me just verf. I was told that SR.2 -- Chair Sarnoff Sorry? Commissioner Carollo: I was told that SR. 2 was going to be continued in our meeting. I'm not sure if it's going to be by -- who's going to be requesting that, but during our briefing, I was told that SR.2 was going to be continued. Vice Chair Gort: SR.2? Commissioner Carollo: I was told that -- yeah -- during our briefing, I was told that SR.2 was -- Mr. Martinez: That's fine, that's fine. Commissioner Carollo: So I'm just -- Chair Sarnoff Yeah, if you weren't briefed on it -- andl think it was advertised as deferred. Commissioner Carollo: I'm not sure, but when I only hear that only one item -- Chair Sarnoff That's fine. Commissioner Carollo: And was told that RE.14 was going to be continued. Commissioner Spence -Jones: What about RE.1 and 2 --1 and 3 -- 2 and 3(UININTELLIGIBLE)? City ofMiami Page 5 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Let me just see what -- let's go to RE.14. RE.14 was which issue? Commissioner Carollo: Andl guess what I'm saying is during my briefing, we go by each item, andl was told that certain items were going to be continued; however, I hear that only one now is being, you know, proffered for continuance, so I'm saying, whoa, wait a second -- Chair Sarnoff I heard R -- Vice Chair Gort: Two and three? Commissioner Carollo: -- what -- Chair Sarnoff I heard that -- Commissioner Carollo: -- about all these other ones? Chair Sarnoff So RE.14, RE (Resolution) -- Mr. Martinez: Right. Chair Sarnoff And then Commissioner Spence -Jones, you said RE.2 and RE.3. Right, that's correct. I heard RE.2 was being deferred as well. Mr. Martinez: RE.2, yes. Commissioner Spence -Jones: Two -- Mr. Martinez: That's the appointment of the -- Chair Sarnoff I hadn't heard about RE.3, but do you want to defer that? Mr. Martinez: RE.3, which one is that? Commissioner Carollo: I don't have a problem with RE.3. Commissioner Spence -Jones: Okay, that's fine, just cross it out. Chair Sarnoff So what I have right now is RE.14, SR.2, RE -- and RE. 2. Does anybody have anything else they want to consider? Commissioner Carollo: There is one that I'm considering; however, before I request a referral, I would like to discuss it further with staff. It deals with Water and Sewer, so before I actually proffer a deferral for my colleagues to entertain, I would like to, you know, have additional time with staff so at this time, at this moment, I do not want to defer it, but I'm just giving you a heads up. Chair Sarnoff Okay. Vice Chair Gort: Is that the pump station? Commissioner Carollo: Yes, yes. Chair Sarnoff I also want to defer to the next Commission meeting D2.1. Commissioner Carollo: D2.1. City ofMiami Page 6 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff D2.1 is the double pole issue, and the reason I'm deferring it, I'm going to read it into the record. It's a letter from Comcast, and I'm going to read the relevant portion. It says: "As promised, we at Comcast are committed to providing additional resources and will regroup in the coming weeks to provide updates on our progress. In the meantime, we will continue to coordinate all our efforts with FP&L (Florida Power & Light), AT&T (American Telephone & Telegraph), and the City to ensure active communication and timely completion." If you all remember, this was the double pole issue. Vice Chair Gort: Right. Commissioner Carollo: Absolutely. As a matter of fact, since that occurred, I have some addresses that have double poles, and absolutely. Chair Sarnoff And will make sure you get a copy of this letter so you can -- Commissioner Carollo: Please. Chair Sarnoff -- speak to her, because we determined the major problem is Comcast. Commissioner Carollo: Yeah, andl think you're probably right, because I have seen that FPL has actually transferred their wires from one pole to the other; however, there's still for some reason a double pole and some wiring, so you may be correct. Chair Sarnoff Okay, so I'm going to defer D2.1, as well, for the next Commission meeting. Is there a motion on -- as stated on -- as stated subjects? Commissioner Carollo: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort. Any discussion? Hearing no discussion; all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, so now we are up to -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I want to request from you and my colleagues a time certain -- I know I sent an e-mail (electronic) -- with regards to a pocket item that did not print at the same time as the agenda; however, it was passed out with all documentation at the same time as the agenda, so it's within the five-day rule, but I just want to make sure that at 4:30, we could have a time certain. Chair Sarnoff We have that. Commissioner Carollo: Thank you. Later... Chair Sarnoff Are you going to be in a position, you think, to decide on PH. 3 or --? Tell me -- City ofMiami Page 7 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: I -- Chair Sarnoff -- 'cause otherwise, I'll pass the gavel to you and I'll make a motion. Commissioner Carollo: -- haven't met with them. Chair Sarnoff Sorry? Commissioner Carollo: I haven't met with the Administration on it. Chair Sarnoff Who in the Administration needs to meet with Commissioner Carollo? Mr. Ihekwaba, before 7 o'clock tonight, would you make sure you make yourself available to him? Nzeribe Ihekwaba (Director, Public Works): Yeah. For your information, Commissioner, the information you requested has been transmitted to your staff. Commissioner Carollo: Okay. I -- like I said, I haven't had a chance to look at it, I haven't met with you on it, so nothing has changed. Chair Sarnoff Okay. At 7 o'clock I'll call the question so -- and you can vote against it, if you need to. All right, PZ (Planning & Zoning) agenda. Are we there? Todd B. Hannon (City Clerk): Chair, if you would like to move on to the PZ agenda, we'll just need like two minutes to flip the tape. Chair Sarnoff Okay. Mr. Hannon: Okay. Thank you, sir. Chair Sarnoff I know there's quite a few deferrals and continuances. Mr. Hannon: So then, Chair, did you want to recess your regular meeting? Chair Sarnoff I guess we will be in recess. Is there anything left on that meeting? I guess the tabling, yes. Commissioner Carollo: At 4: 30 we have -- Chair Sarnoff And you're right, there is -- Mr. Hannon: And the brownfields, as well. Chair Sarnoff Right, so we'll be in recess. Commissioner Carollo: Until 4: 30? Chair Sarnoff You want a ten-minute recess? Commissioner Carollo: I don't care. I mean, if you give -- if you allow -- Chair Sarnoff You can get a one -minute or two -minute -- yeah, you want to go -- you want to see if you could go meet with him? Ms. Mendez: We -- I think we also have our discussion items from -- as well, if -- City ofMiami Page 8 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Okay. I -- Commissioner Carollo: The only discussion item thatl have, I'm not -- I'm going to defer all of them. The only one that need to make sure that discuss, once again, is the audited financial statements to make sure that we're on time. I will need our financial staff to be here and make sure that interim work has begun already on next year's audit. City ofMiami Page 9 Printed on 12/18/2013 CA.3 13-01228 Department of Police City Commission Meeting Minutes November 21, 2013 CA.1 13-01224 Department of Capital Improvements Program CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE SERVICES WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DINNER KEY MARINA DOCKMASTER BUILDING PROJECT, B-60464; ALLOCATING FUNDS IN THE AMOUNT OF $2,572.32, FROM CAPITAL IMPROVEMENT PROJECT NO. B-60464, FOR SAID PURPOSE. 13-01224 Summary Form.pdf 13-01224 Legislation.pdf 13-01224 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0441 CA.2 RESOLUTION 13-01225 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE SERVICES WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE WEST END PARK NEW COMMUNITY CENTER PROJECT, B-30690; ALLOCATING FUNDS IN THE AMOUNT OF $3,816.54, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30690, FOR SAID PURPOSE. 13-01225 Summary Form.pdf 13-01225 Legislation.pdf 13-01225 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0442 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "RECORDS IMPROVEMENT PROJECT" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $15,745.00, CONSISTING OF A GRANT FROM THE MIAMI-DADE OFFICE OF GRANTS COORDINATION, FOR THE City ofMiami Page 10 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 13-01228 Summary Form.pdf 13-01228 Grant Letter.pdf 13-01228 Legislation.pdf 13-01228 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0443 CA.4 RESOLUTION 13-01229 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SCHOOL RESOURCE OFFICER PROJECT' AND APPROPRIATING FUNDS, IN THE AMOUNT OF $15,746.00, CONSISTING OF A GRANT FROM THE MIAMI-DADE OFFICE OF GRANTS COORDINATION, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 13-01229 Summary Form.pdf 13-01229 Grant Letter.pdf 13-01229 Legislation.pdf 13-01229 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0444 CA.5 RESOLUTION 13-01231 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED AUGUST 7, 2013, PURSUANT TO INVITATION FOR BID NO. Administration 368343, FROM GRAPHIC DESIGNS INTERNATIONAL, INC., FOR THE PROVISION OF VEHICLE DECALS AND STRIPING FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ON AN AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT(S), SUBJECT TO THE City ofMiami Page 11 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01231 Summary Form.pdf 13-01231 Award Recommendation Form.pdf 13-01231 Bid Tabulation.pdf 13-01231 Invitation for Bid.pdf 13-01231 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0445 CA.6 RESOLUTION 13-01329 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA ("STATE"), OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 13-01329 Memo - Office of the City Attorney. pdf 13-01329 Legislation. pdf 13-01329 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0446 CA.7 RESOLUTION 13-01328 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WEST, A THOMSON BUSINESS, FOR WESTLAW, A COMPUTER ASSISTED LEGAL RESEARCH SERVICE, FOR THE OFFICE OF THE CITY ATTORNEY, FOR A THREE-YEAR PERIOD, IN A FIRST -YEAR AMOUNT NOT TO EXCEED $35,510.40, WITH THE SECOND YEAR INCREASING THE AMOUNT BY ONE PERCENT, AND THE THIRD YEAR BY THREE PERCENT, FOR A TOTAL AMOUNT NOT TO EXCEED $108,317.40, PLUS AN ADDITIONAL AMOUNT OF $11,201.46 FOR CLEAR PLUS WEB ANALYTICS (PUBLIC RECORDS) FOR A FINAL TOTAL AMOUNT OF $119,578.86. 13-01328 Memo -Office of the City Attorney. pdf 13-01328 Legislation. pdf 13-01328 Exhibit.pdf City ofMiami Page 12 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez R-13-0447 Adopted the Consent Agenda Motion by Vice Chair Gort, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez END OF CONSENT AGENDA Chair Sarnoff All right, so now we're starting on the CAs (Consent Agendas). Does anybody wish to pull any of the CAs for comment, or do they wish to make a motion on the entirety? Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Spence -Jones. Any discussion? Hearing no discussion; all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 13 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 PA.1 13-01307 (PA.1) 13-01307a City Commission PERSONAL APPEARANCE PRESENTATION REPRESENTATIVE(S) OF THE FLORIDA DEPARTMENT OF HEALTH TO ADDRESS THE CITY COMMISSION REGARDING THE MIAMI-DADE COUNTY HEALTH DEPARTMENT'S NEW PARKING STRUCTURE. 13-01307 Letter - Florida Dept. of Health.pdf 13-01307-Submittal-Florida Dept. of Health.pdf SPONSOR: HONORABLE MAYOR TOMAS REGALADO CO-SPONSOR: CHAIRMAN MARC D. SARNOFF PRESENTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 17-4 (F) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, FEES, IN THE AMOUNT OF $50,000.00 FOR THE COST OF PERMITS FOR THE REMOVAL AND PLANTING OF TREES BY THE FLORIDA DEPARTMENT OF HEALTH FOR THE MIAMI-DADE COUNTY HEALTH DEPARTMENT'S NEW PARKING STRUCTURE. 13-01307a-Submittal-Florida Dept. of Health.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-13-0477 Chair Sarnoff All right, we have a personal appearance, I understand, from the Florida Department of Health. Oh, I'm sorry, Mr. Mayor. Mayor Tomas Regalado: Good morning, Mr. Chairman, Vice Chairman, Commissioners. This is an item that is sponsored by Chair Sarnoff and myself and it's a presentation about the new parking structure of the Miami -Dade Health Department in District 1. I am sure that everyone has been briefed. I just want to mention that throughout the last month, we had had a very good relationship and cooperation from the Department of Health, especially in the issue of the parks, and Dr. Lillian Rivera has been extremely helpful in organizing seminars and doing the laboratory tests and all that, so I just want to thank publicly the Miami -Dade County Public Health Department for the cooperation with the City ofMiami, and I'm sure that what you will hear, it's important for all Miami -Dade County, but especially for the City of Miami and especially for the Health District, Commissioner Gort, so thank you. Chair Sarnoff You're part of the Department of Health, right? Heather Beaton: Yes. My name is -- Chair Sarnoff Would you state your name for the record? City ofMiami Page 14 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Beaton: Sure. My name is Heather Beaton, and I am -- I work for the Florida Department of Health in Miami -Dade County, and I'm here to request via resolution a waiver of the tree mitigation requirements and fine for tree removal at our parking garage being constructed. It's in the area of Jackson Memorial Hospital. The DOH (Department of Health) is obviously a State agency dedicated to the provision of public health services to the underserved populations. The parking lots -- garage's sole purpose is to provide free parking for clients and for our employees. There will be no charge for the parking. The garage is State-owned and operated, and there's obviously no profit that is going to be given to the Department of Health. The permit fees and fines that we're discussing here today were an unplanned expense, and we have -- it greatly impacts our very tight budget that we have for the building that was given to us through a State appropriation. In addition, the space is very limited, and we're having difficulty finding spaces for those trees that are required under the code section. We ask for your assistance and understanding in this matter, and thank you for the opportunity to talk to you this morning. And I have some other representatives ifyou have any questions specifically to this item. Chair Sarnoff Commissioner Gort is recognized. Vice Chair Gort: You built a new facility on 14th Street and 14th Avenue, andl have to tell you, you did a beautiful job there. That was a benefit for the community, for that area there. I don't have a problem with the facility you would like to build. We are working very close with the Health District and you all to try to improve that, and try to create a -- some kind of a campus atmosphere where people feel comfortable when they go there, especially with the project that's going to come right across the street from you all. So I don't have any problem in making a motion, but if you can in the future put some other landscaping like you did on that corner -- you did a beautiful job, I mean, that -- I commend you on that. Thank you. Chair Sarnoff All right. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo. He's recognized for the record. Commissioner Carollo: Thank you. Andl want to -- I just want to veri exactly what the motion is; for them not to pay the fees, but then the trees are going to be removed, they're not going to be supplemented or actually planted somewhere else, or they're not going to plant additional trees, so --? Vice Chair Gort: That's their request, but my understanding is anyones [sic] that want them, they probably want -- they're willing to give it to them. If anybody wants the trees, you can -- Commissioner Carollo: So in other words -- well, hold on, because relocation of trees, I know, all goes through a process, so I don't know if that's up in the table. Vice Chair Gort: Uh-uh. Commissioner Carollo: It's not relocation of trees, so it would be planting or the cost of planting, you know, the requirements for whenever you remove a tree, I think you have to plant two -- Vice Chair Gort: That is correct. City ofMiami Page 15 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: Right. Orlando Diaz: Good morning. Orlando Diaz, director of code compliance. Section 17 of our code, landscaping, required by table that based on the trees you're going to remove and based on the tree that going to be planted. After they planted the tree that was required by the code, based on that table, they have to provide to the Tree Trust Fund an amount of $50, 000. As per Section 1702, the City Commission is the one can be have exempt-- (UNINTET,T IGIBT ,F) for permit of government agencies, and that's basically -- but they're going to plant the new tree also on the project. Commissioner Carollo: So it's either -- so is it both? They have to plant -- Mr. Diaz: It's both. Commissioner Carollo: -- a new tree, and at the same time, they have to pay -- Mr. Diaz: That is correct. Chair Sarnoff And we're waiving the payment part. Vice Chair Gort: No, no, we're waiving that. That's a resolution. Chair Sarnoff Right, waiving the (UNINTELLIGIBLE). Commissioner Carollo: We're waiving the payment -- Mr. Diaz: The plant is not waived. It's just the amount, the fee of -- Chair Sarnoff Right. Mr. Diaz: -- the tree fund. Commissioner Carollo: Okay, 'cause I think would have had a problem with waiving them replanting. I do believe that we should have tree canopy, andl do believe that if a tree is removed, that we should plant somewhere else, you know, something that is sufficed so we continue to have our tree canopy. So what you're actually -- andl want to ver -- what you're asking, Commissioner Gort, is to waive the $50, 000 -- Vice Chair Gort: That's correct. Commissioner Carollo: -- to the Trust -- Vice Chair Gort: And one of the reasons that I use is if you go by the corner, what used to be there, an old building that was built maybe 40 years ago, it was replaced by a modern new building, a lot of landscaping and beautiful parking spaces with lots of landscaping. That's why I made the motion. Chair Sarnoff And ifI could just say something, I want to thank the Florida Department of Health for all the work you've been doing with regard to the contamination of the parks and the testing, and you've been a great partner, as has DERM (Department of Environmental Resource Management), in helping us get through -- andl think we're not even halfway through the process, so I think we're going to be long-termers, so to speak, and we're going to be dealing with this for quite a while, but I just want to thank you for everything you've done with regard to even volunteering to test for two exposed parks, so thank you for that. City ofMiami Page 16 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Beaton: Very happy to do so. Thank you. Chair Sarnoff All right, so we have a motion, and we have a second. Any further discussion? All in favor, then please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF PERSONAL APPEARANCE City ofMiami Page 17 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 9:00 A.M. PH.1 13-01233 Department of Community and Economic Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE SINGLE FAMILY REHABILITATION PROGRAM MAXIMUM SUBSIDY AMOUNT TO CHANGE FROM AN AMOUNT NOT TO EXCEED $35,000.00 TO AN AMOUNT NOT TO EXCEED $50,000.00, AS INDICATED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01233 Summary Form.pdf 13-01233 Pre-Legislation.pdf 13-01233 Legislation.pdf 13-01233 ExhibitA.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-13-0448 Chair Sarnoff Okay, PH.1. George Mensah: Good morning, Commissioners. George Mensah, director, Community Development. PH.1 is a resolution authorizing the increase in the maximum subsidy amount for a single-family rehabilitation program from $35, 000 to a maximum of $50, 000. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo; any discussion? It's a public hearing. Anybody wishing to be heard on PH.1, PH.1, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Commissioner Gort is recognized for the record. Vice Chair Gort: Let me ask you a question. My understanding is that Code Enforcement a lot of times fines people that have -- they're not -- in noncompliance with a lot of the requirements for the code. My understanding is we still have funds to help those people to -- there's money to allow them to -- and this will be used for that, also. Mr. Mensah: Yes, exactly. Typically, when Code Enforcement goes out, they have a flyer. When they cite any single-family owner, what they do, they give them the flyer, and then they call us, and they see -- put an application together, and we (UNINTET,TIGIBT,F). Vice Chair Gort: I just want to make sure that communication continues -- City ofMiami Page 18 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Mensah: Yes. Vice Chair Gort: -- which is very important. Mr. Mensah: Yes. Vice Chair Gort: Thank you. Chair Sarnoff All right, any further discussion? All in favor, then please say "aye.' The Commission (Collectively): Aye. PH.2 RESOLUTION 13-01106 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MIAMI HEIGHTS SEWER PUMP STATION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1 ", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND 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 RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-01106 Summary Form.pdf 13-01106 Notice to the Public.pdf 13-01106 Legislation.pdf 13-01106 Exhibits.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-13-0468 Chair Sarnoff Okay, PH.2. Commissioner Carollo: Mr. Chairman, if we could table -- Chair Sarnoff Oh, that's the one you want to table; not a problem. Commissioner Carollo: -- PH.2, please? Chair Sarnoff Yes, sir. So we will table this until you're ready. Commissioner Carollo: Yeah, sometime in the afternoon. Later... Chair Sarnoff So do you -- are you -- would you consider, Commissioner Carollo, going to the City ofMiami Page 19 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 tabled items? Commissioner Carollo: Yes. I was able to discuss with Water and Sewer and our Administration, so I think I'm able to take 2. There's still one, the PH. 3, I'm still -- I still haven't been able to meet with them, but definitely, we could take PH.2, if possible, and there is another one, PH (Public Hearing) -- Chair Sarnoff We had tabled RE.11. Commissioner Carollo: AndRE.11, you're right. Chair Sarnoff Yeah. So let's take PH.2, which is the sewer pump replat [sic]. Mr. Ihekwaba, you're recognized for the record. Nzeribe Ihekwaba: Yes. Good afternoon. Zerry Ihekwaba, Public Works director. PH.2 is a resolution ofMiami City Commission to accept the final plat ofMiami Heights Sewer Pump Station from Miami -Dade County and to authorize the City Manager to secure the related documents for the recordation and approving the same in the public records ofMiami-Dade County. Chair Sarnoff All right. Mr. Ihekwaba: Any question? Chair Sarnoff Do we have a motion? Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Gort. This is a public hearing. Anybody wishing to be heard on PH.2, PH.2, please step up. Hearing none, seeing none, coming back to this Commission; any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Gort: I have a question. Chair Sarnoff Okay. Vice Chair Gort: Let me ask you a question. I have a call from someone that owns property in Allapattah. They had a vacant store. Somebody approached them; they want to rent the store, and I understand DERM (Department of Environmental Research Management) says they can't do it, because they don't have the facility. What are we doing about those pumps? Mr. Ihekwaba: The pumps in -- Alice Bravo (Assistant City Manager/Chief of Infrastructure): Yeah, there are certain areas where there's a sewer moratorium, and so what we're working with the Department of Health is that -- with that letter saying that there isn't sufficient sewer capacity; they'll be allowed to put in a septic tank. Vice Chair Gort: But the question is it's an existing facility that closed down and somebody else is coming in at the same facility that's being used. I don't see any additional use of it. City ofMiami Page 20 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Bravo: I'd have to check on the specific site as to what occurred with the sewer allocation capacity. Vice Chair Gort: That's keeping a lot of people -- now they're beginning to rent spaces in their building and so on that they can't open businesses. Ms. Bravo: Right. And this is -- Vice Chair Gort: I mean, we're pushing for economic development, and then when we're trying to get someone to open up an office or something, they can't. Ms. Bravo: We have our representative from WASA (Water & Sewer Authority) that can speak about their remediation plans. Eduardo Vega: Good afternoon. I'm Ed Vega, Miami -Dade Water and Sewer, assistant director for engineering. If the -- I believe if you're talking about same use in the property -- Vice Chair Gort: Right. Mr. Vega: -- it -- I don't think it would be an issue. You will have to tell me exactly the location. And it's exactly the same use that it was before, I don't think it will be an issue in approving the Vice Chair Gort: You have his information, right? Ms. Bravo: Yes. Vice Chair Gort: We'll get you an e-mail (electronic). Thank you. Mr. Vega: All right. Chair Sarnoff Can you stay up there? 'Cause I understand that Pump Station 9, Pump Station 11 are now operational. Mr. Vega: Absolutely. Chair Sarnoff And is the moratorium in the Grove lifted? Mr. Vega: Absolutely. It was -- Vice Chair Gort: Yes. Mr. Vega: -- lifted, I think, about a few days ago. Chair Sarnoff Okay. And I thought so too, but I'd love to hear it from Miami -Dade officially. Mr. Vega: Right. Chair Sarnoff And just for Commissioner -- is the same type of moratorium that went on the Grove now being visited upon Allapattah? Mr. Vega: May be. There are some areas that are on the moratorium because the pump station already reach capacity, but I not sure exactly which pump station we talking about. Vice Chair Gort: But it's not a new business. City ofMiami Page 21 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Vega: No, I understand. Vice Chair Gort: It's not a new facility. It's an existing -- Mr. Vega: I understand. Vice Chair Gort: -- facility. Mr. Vega: If it's the same use, same flow, it won't have any problems. Chair Sarnoff So, as you guys like to express it, "No net new"? Mr. Vega: Exactly. Chair Sarnoff So if it's net/net the same -- Mr. Vega: If the net flow continues to be the same, it is. Chair Sarnoff Okay. Mr. Vega: All right. Vice Chair Gort: Thank you. Chair Sarnoff Having gone through that moratorium for two years, I -- Vice Chair Gort: I know. I know you have. Chair Sarnoff -- feel like I could give you some expressions on how to do things. PH.3 RESOLUTION 13-01234 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN Works EXISTING, PREVIOUSLY PERMITTED FENCE, BE PERMITTED TO BE REPLACED WITH A WALL TO BE REINSTALLED AND REMAIN IN THE DEDICATED PUBLIC RIGHT-OF-WAY OF MAIN HIGHWAY ADJACENT TO THE MOORINGS SUBDIVISION, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN. 13-01234 Summary Form.pdf 13-01234 Notice to the Public.pdf 13-01234 Back-up Documents.pdf 13-01234 Legislation.pdf 13-01234-Submittal-Petitions of Support.pdf 13-01234-Submittal-Ben Fernandez.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item PH.3 was continued to the December 12, 2013, Regular Commission Meeting. Chair Sarnoff Okay, PH.3. Mr. Ihekwaba, you're recognized for the record. Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry Ihekwaba. PH.3 is a reso -- is a public hearing directing the existing previously permitted fence along Main Highway for the City ofMiami Page 22 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Moorings Subdivision to be reinstalled and remain in the dedicated portion of the public right-of-way. Back in 1991, the applicant had approached the City for permission to encroach into the dedicated public right-of-way, and that permission was granted back in 1991. Pursuant to Section 54-191 of the City Code, any type of relocation, repaves, replacement of the same wall requires approval of the City Commission, subject to posting of a covenant to run with the land and naming the City as an additional insured. Chair Sarnoff All right. Ben Fernandez: Good morning. Chair Sarnoff You wish to be heard, Mr. Fernandez? Mr. Fernandez: We have a brief presentation; that'd be fine, but if not, that's fine as well. I'd like to submit for the record a substitution, Exhibit B, which is a revision to the wall. It lowers the height of the wall to six feet, andl have a copy of that here. Chair Sarnoff All right, let me open up a public hearing. Does anybody wish to be heard on PH.3, PH.3? Hearing none, seeing none, coming back to this Commission, is there a motion? I'll move it. Vice Chair Gort: Is there a motion? Commissioner Carollo: I have reservations with something like this because of another issue that we're dealing with in District 3. It's similar -- it's a similar scenario, and for some reason, it just -- it doesn't get -- you know, I just keep seeing, you know, how these -- I don't know if you want to call it waivers or whatever -- keep coming to the Commission, and it keeps getting done. Yet, for our residents that may not have the, you know, high-powered attorneys and so forth, it cannot get done. And again, I have reservations -- Chair Sarnoff You should feel good 'cause I hired Ben Fernandez, not a high-powered lawyer. Commissioner Carollo: Well, I guess whether high-powered or not, that depends on -- you know, it's relative. It depends on who's paying for it or not or who -- whose opinion it is. Let me ask you something. You're saying that the City is insured, so -- Mr. Ihekwaba: Yes. Well, they're going to proffer a covenant naming the City as an additional insured, holding the City harmless for any type of liability issues. Commissioner Carollo: Do you know who the insurance carrier is, just out of curiosity? Because apparently, in this case, the insurance company will not do it, so I want to be -- in the case in District 3 -- so I want to know, do you know who the insurance carrier is? Mr. Fernandez: I'm being told that the carrier is -- we don't know who the carrier is. The agent is Brown and Brown, and they've already accepted the condition. Commissioner Carollo: Mr. Chairman, if we may, can we table this also at the same time that we take up PH.2, so I could speak to the Administration about this a little bit? Mr.Ihekwaba: Sure. Chair Sarnoff Sure. Mr. Fernandez: May I? Mr. Chair, for the record, I also submit a petition signed by all of the owners within the Moorings Subdivision, just for the record. City ofMiami Page 23 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Yes, sir. Commissioner Carollo: We'll table this, and we'll take it up in the afternoon at the same time as PH.2. Chair Sarnoff Okay. Now that medium-priced lawyer just continues to accrue his fees. That's fine. Vice Chair Gort: The only thing is -- Chair Sarnoff Oh, I -- look, this is -- what they have is a cyclone fence which was once pretty well covered by fichus. You know that the white fly epidemic has hit Coconut Grove pretty hard. Once the epidemic hit and hit this fichus hedge pretty well, what was a reasonably durable -- and let me be clear. My wife once lived in the Moorings, so I know the Moorings extremely well. And once this hedge was "de -neutered, " I guess is the right word, they've had quite a few thefts in the Moorings, and it's a pretty substantial community that pays -- if you -- you'd be shocked to see the amount of taxes they pay to the City ofMiami, and they've had a number of burglaries, a number of thefts from people's homes. And if you've been down Main Highway -- I know you have -- Commissioner Carollo: Absolutely. Chair Sarnoff Certainly, Plymouth Congregational Church; certainly, the Kampong; certainly, the Vanguard School are similarly situated and similarly have the exact same type of structures built; Kampong, much higher; candidly, the Plymouth Church much higher; candidly, Carrolton School may be lower; Ransom Everglades, higher. So it's in conformity with what the neighborhood has seen and expected. Six feet is probably a good deterrent, though, as you would probably say, "not an exact fix," but a good deterrent. I wholeheartedly support this. I know the Mooring community very well. They have been hit by a number of -- not substantial crimes, but I don't think anybody wants their bike stolen or their lawnmowers or other things stolen, so I hope once you get briefed, you can support it. It's always difficult when you think your issue is similar and it's not moving forward, because you always want to find a grappling foot, if you will, to move your issue along. I certainly appreciate and understand that, but I would hope by the afternoon, you would not hold up the Moorings from achieving what they're trying to achieve, and ifI can help you achieve what you want to achieve, I would certainly support that. Mr. Fernandez: Commissioner Carollo, and I'd be happy to meet with you as well on the other issue and the similarities, et cetera. Chair Sarnoff (UNINTELLIGIBLE) you get that medium-priced attorney to go out there and help support. I'm just teasing with you, Ben. We all know you're a high-priced lawyer. Vice Chair Gort: Okay, so -- Commissioner Carollo: Yeah, let's just table it and -- Vice Chair Gort: We'll table it until this afternoon. Commissioner Carollo: Yeah. And by all means, it's not my intention to hold any item hostage or anything. Let's, you know -- but at the same time, I want to be further briefed on this to make sure that understand all the intricacies with -- Chair Sarnoff Okay. City ofMiami Page 24 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: -- regard to this. Chair Sarnoff Right. Commissioner Carollo: Okay. Chair Sarnoff All right, andl thinkPH.4 -- thank you, Mr. Fernandez. Mr. Fernandez: Thank you. Chair Sarnoff And if I ever suggested you're a medium, you're not a medium guy at all. PH.4 RESOLUTION 13-01287 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), BYA FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DECONTAMINATION BOAT, FOR SURFACE CLEANING FOR THE CITY OF MIAMI'S WATERFRONT, FOR THE DEPARTMENT OF PUBLIC WORKS, UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, INC., THE SOLE SOURCE PROVIDER, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $200,000.00; ALLOCATING FUNDS, IN THE ANNUAL AMOUNT NOT TO EXCEED $200,000.00, FROM THE DEPARTMENT OF PUBLIC WORKS OPERATIONS BUDGET, ACCOUNT NUMBER 00001.208000.534000.0.0; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FORA ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR SAID PURPOSE. 13-01287 Summary Form.pdf 13-01287 Notice to the Public.pdf 13-01287 Memo - Scavenger 2000 Depollution Boat.pdf 13-01287 Memos - Sole Source Finding.pdf 13-01287 Letter - Water Management Technologies.pdf 13-01287 Pre-Legislation.pdf 13-01287 Back -Up Documents.pdf 13-01287 Legislation.pdf 13-01287 Exhibit.pdf 13-01287-Submittal-Letters-Scavenger 2000.pdf Motion by Vice Chair Gort, seconded by Vice Chair 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-13-0449 City ofMiami Page 25 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Attorney? We do not have enough Commissioners sitting here for that? Victoria Mendez (City Attorney): Correct. Chair Sarnoff Okay. So now we go to PH. 5, which is the brownfield issue, so I think PH 5 -- Vice Chair Gort: Wait, wait, wait. Chair Sarnoff No? We got Commissioner Spence -Jones. Here we go, PH.4. Mr. Ihekwaba. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.4 is a resolution ofMiami City Commission by a 4/5ths affirmative vote, after an advertised public hearing, to confirm the City Manager's finding of a sole source; waiving the requirements for competitive bidding procedures and approving the utilization of Scavenger 2000 Depollution boat, for surface cleaning of all the City ofMiami's waterfront areas and canals; utilizing a unique proprietary process for Water Management Technologies, for a one-year contract, with an option to renew for two additional one-year periods, for a contract value of $200, 000 per year. Chair Sarnoff All right, let me open up a public hearing. Does anybody wish to be heard on PH.4, PH.4, the Scavenger Boat? Mr. Aguirre, you're recognized for the record. Horacio Stuart Aguirre: Mr. Chairman, thank you very much. Horacio Stuart Aguirre, as chairman of the Miami River Commission, with Mr. Brett Bibeau, managing director. We strongly support the efforts of the company that sponsors the Scavenger Boat. They are the only boat that does waterfront cleanup, not only for all of the Bayfront property of the City ofMiami, but also the tributaries in the City ofMiami, and that includes Little River Canal, Miami River, and any other tributaries. So I think we're getting a bargain, and as staff also will acknowledge, we get a lot free time from them as well, don't we? Mr. Ihekwaba: Yeah, we do. Mr. Aguirre: Yeah. Mr. Ihekwaba: IfI may, Zerry Ihekwaba. The contract provides us with 50 weeks of continuous, consistent cleaning of the waterways, plus an additional free period of one week on Miami River. And also, once a year, they go over to the Blue Lagoon -- Mr. Aguirre: Yeah. Mr. Ihekwaba: -- to clean the Blue Lagoon area as well. Vice Chair Gort: Yes. Chair Sarnoff All right. Anyone else from the public wishing to speak on PH.4? Hearing none, seeing none, coming back to this Commission; is there a motion? Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say "aye.' The Commission (Collectively): Aye. City ofMiami Page 26 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 5:00 P.M. PH.5 13-00713 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE Administration CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST FOR THE PROPERTY LOCATED AT 144 AND 152 SOUTHWEST 8TH STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL VIEW, A MULTI -LEVEL APARTMENT BUILDING WITH SIXTY FOUR (64), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B) (1-5). 13-00713 Summary Form.pdf 13-00713 Notice to the Public.pdf 13-00713 Legislation Title - Version A or B.pdf 13-00713 Legislation - Version A.pdf 13-00713 Exhibit 1 - Version A.pdf 13-00713 Exhibit 2 - Version A.pdf 13-00713 Exhibit 3 - Version A.pdf 13-00713 Exhibit 4 - Version A.pdf 13-00713 Exhibit 5 - Version A.pdf 13-00713 Exhibit 6 - Version A.pdf 13-00713 Legislation - Version B.pdf 13-00713-Submittal-Maggie Knowles, etc. v. Beverly Enterprises -Florida, Inc., etc..pdf 13-00713-Submittal-Downrite Engineering Corp. Change Order.pdf 13-00713-Submittal-URS Technical Memorandum.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-13-0474 Chair Sarnoff All right, we're going to take PH.5, PH. 6, and PH.7. Madam City Attorney, can we open up a public hearing simultaneous? Victoria Mendez (City Attorney): Yes. Now we're back -- we're still on the regular agenda, right? ToddB. Hannon (City Clerk): Yes, ma'am. Andl do -- Ms. Mendez: Okay. Mr. Hannon: -- need to administer the oath. Ms. Mendez: Okay. Mr. Hannon: Excuse me, Chair. Chair Sarnoff Yes. Mr. Hannon: I'm sorry. I'll -- I do need -- this is a quasi judicial -- these three items are City ofMiami Page 27 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 quasi judicial, so I will need to administer the oath before we begin any public input. Chair Sarnoff Go ahead. Mr. Hannon: May I proceed, sir? Chair Sarnoff Sure. Commissioner Carollo: I'm going to go to my office while you're doing that, andl'll be right back within two minutes, but we're not taking a vote right now, so you can proceed andl'll come back for quorum, okay, but just proceed. I will be right back. Mr. Hannon: Good evening, ladies and gentlemen. Anyone speaking on PH.5, 6, and 7, the brownfield items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Hannon: Thank you. Chair Sarnoff Whoever needs to set up, please set up. Is the Administration ready to proceed? Ms. Mendez: Actually, Chairman, the applicant would go first. Chair Sarnoff Okay. Ms. Mendez: And we need to figure out the time allotment that you want to give at this time. Chair Sarnoff How long does the applicant think his presentation is going to take? Unidentified Speaker: Forty five minutes. Chair Sarnoff Forty-five minutes? Commissioner Carollo: There goes your hour. I told you to do PZs (Planning and Zoning). Chair Sarnoff I'll give you 30 minutes. Start clocking it now. Mr. Hannon: Chair, there are some additional consultants that need to be sworn in andl need to administer the oath. Chair Sarnoff Go ahead. Mr. Hannon: Gentlemen, can you raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Hannon: Thank you. Chair Sarnoff You are -- Michael Goldstein: Mr. Chairman, may I begin? Chair Sarnoff -- great. Are you ready? City ofMiami Page 28 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Goldstein: Yes, sir. Chair Sarnoff Go ahead. Mr. Goldstein: Okay. Mr. Chairman, Commissioners, thank you so much. My name is Michael Goldstein. I am the managing partner of the Goldstein Environmental law firm. We're here on behalf of three applicants in connection with three consecutive items, seeking a brownfield area designation pursuant to State statute. We have submitted applications to the City Manager, and through the City Manager, the City staff. Those applications were submitted at the end of last year. We submitted supplemental responses to requests for information in February, and in the ensuing months, we had several meetings with City staff. We're here today to present our case in support of the applications to present testimony, to hear the City's position, to cross-examine the City's witnesses, and then to respond to any questions that this Commission may have and, Mr. Chairman, that you may have. We would like to reserve whatever time is necessary for those follow-up questions in cross-examination, if we may. I've also been advised by the Assistant City Attorney, whom we have met with on several occasions for the City, that this is a quasi judicial proceeding, and so in support of the record, we're going to be -- attempt to be very detailed, and we apologize in advance for some of the tedium that it may result in, but it's important because there's a lot at stake here, and there's a lot at risk for the City, unfortunately, based on where we are today with the City's recommendation, and there's a lot at risk not only in connection with our client, with the applications before you, but with respect to the City's exposure potentially to damages for potentially failure to follow a very clear criterion in State law. And there's also a precedent that this Board needs to be aware of in connection with forthcoming applications under this statute which are designed to take advantage of State -based economic incentives to allow important projects to go forward, to fill critical funding gaps, to allow for better and more housing throughout the City in all of its districts, to provide for job creation, to provide for more tax revenues to the City, and so that the City can provide for more services. All of this is at stake. And let me say before I do some preliminary introductions that this isn't just theoretical when I speak about the precedential effect that this application has, because this issues that we're going to discuss are the very same issues with respect to several other applications we have coming before you, Mr. Chairman, in your district, very same type of application; and Commissioner Gort, we have another application that's going to be coming to you, as well. So these -- the legal issues we'll be discussing here are similar, and not just with respect to our clients, but with respect to other clients who want to create new jobs, create more economic activity, and engage in smart and sustainable land development patterns and actives. I have with me today my associate, Elena Tillman. She'll be assisting me in my presentation. And my expert, who I'll qualify at the appropriate time, is Craig Clevenger. He's a professional geologist with the firm ofEE&G Environmental Services, T,T C (Limited Liability Company). I'll also point out that he worked for the City as its in-house environmental expert at one point in time and was the City's own brownfields coordinator, and was responsible for the most recent expansion of the City of Miami's brownfield areas. I'll also note, in terms of my bona fides in speaking to those issues, I've been involved in the Florida Brownfields program even before there was a Florida Brownfield's program, before the Legislature created the statute that we're going to be talking about today. In 1996I participated in a drafting. I went to Tallahassee. I participated in the committee meetings. Even before that, the Dade County Commission appointed me to chair the Miami -Dade County Task Force, and the City ofMiami over the years has hired me to be their environmental lawyer. They've relied on my judgment and my analysis in connection with environmental redevelopment generally and brownfields specifically. And in fact, the City hired me as their brownfields consultant to draft their brownfields strategic plan, so that's some background about who we are and why we're here. What I want to start talking about today is, before I get into the specifics of this application, why brownfields is so important generally. The brownfields program is so important generally because it allows both the private sector and public sector to develop confidence -- financial confidence, legal confidence -- in acquiring, cleaning up, reusing sites that have environmental challenges. Part of our presentation today City ofMiami Page 29 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 and part of our task here today is to demonstrate to this Commission that environmental challenges can exist at a site, can lock up the value and use of a site not just when you have actual onsite contamination, but when you have contamination relatively adjacent to the subject property such that construction or development activities could draw contamination onto your property, creating exposure to unnecessary legal liability, and unbudgeted construction costs, and unplanned for health risks. So in light of all of this, the Florida Brownfields program has created economic incentives and liability incentives to allow these challenged sites to be addressed in a timely fashion, creating better and more sustainable land -use patterns and, to some extent, alleviating the pressure to engage in scrawl development. In other words, it encourages developers to address, to voluntarily embrace and not run away from those infill sites that are marginalized and sitting on the sidelines due to environmental concerns, either real or perceived And let me -- I'll say this about that: Your own website, the City's Economic Development website recognizes the risk posed by both actual and perceived contamination. So there's an institutional recognition by this City that onsite actual contamination isn't needed for a brownfields designation. The first exhibit that we have before you represents all of the current designated brownfield areas in the City ofMiami. The City actually has 9,000 acres that are already designated as brownfields, okay. The reason for that is because, again, it provides a very important and meaningful economic incentive to smart and sustainable growth by providing limited State -based subsidies, no impact, no negative impact, only positive impact to the City's bottom line, as well as liability relief. And what you see, if you look at the map on the exhibit, there are some areas of the City that are not considered economically marginalized per se. For example, Midtown, which is subject to hundreds of millions of dollars in investment, is a designated brownfield area. The port ofMiami, where Flagstone will be building, is a designated brownfield area. We see this all over the State. Developers who are spending lots of money on redevelopment and development, embracing the designation, not concerned about stigma or property value diminution because it doesn't exist. The brownfields designation creates value. It unlocks value. We recently represented a party in the City of North Miami Beach that built on an abandoned landfill ten years ago. That site had been marginalized for 50 years. This gentleman came in, secured the designation, took advantage of the incentives, and recently sold that project for $50 million to a real estate investment trust, which is a very conservative entity. So you can see how the designation lifts value; it doesn't diminish value, which takes us to our next slide. This is a brief compilation of academic studies. Chair Sarnoff Could make a recommendation to you? I know I can't see it. Mr. Goldstein: Yes, sir. Chair Sarnoff If you want me to see that, would you hold it up? Mr. Goldstein: Sure. Craig, could you help us? So this is just a brief compilation of third party, peer reviewed academic studies that empirically demonstrate the increase in value as a result of a brownfields designation. This is across the country, okay. And then I want to go to the next slide, ifI may, the next exhibit, because this -- and we're about to get into the specifics of this application, but this is all necessary pretext. This exhibit is a representation of the incentive that will likely enure to the developer as a result of this project. The way in which the incentive works for affordable housing, if you are in a designated brownfield area and you're building affordable housing, the State wants to reward you for taking that risk, and as a result, you're entitled to a 100 percent sales tax rebate on construction materials. The typical sales tax rebate -- the typical percentage of eligible building materials on a capital construction project is about 30 percent. And so, you see we've modeled several construction budgets from $10 million on the low end to $75 million on the high end, and we discount the sales tax to 6 percent. We don't include the local increment, to be very conservative. So when you look through that spread sheet that we've prepared, you can see that the potential rebate can be very significant, and it acts as a mini tax increment financing district, because those sales taxes go to the State, not to the City. They're dispersed to the four corners of the State. Through this program, we capture that sales tax and City ofMiami Page 30 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 we put it right back into the property. The total capital cost for these three projects is in excess of $107 million that we are spending in your city. The construction budget is just over $37 million, which means that the -- for eligible building materials -- what is at stake here is almost $2 million cash that the developer will get back from the State, not from the City, to put back into its projects. It is a very significant incentive to us, and that's why I urge you to, as we go through this, pay attention closely to what the law requires. You're going to hear from your own staff a lot of concerns that have nothing to do with what the statute requires. And it pains us to say this, but we find ourself in this position 11 months after filing the application having to say this, that if the City doesn't comply with the law and designate this site a brownfield, which we think is required, the City is going to be exposed to a claim for damages in at least the amount of the refund that would otherwise be due to us. Now, ultimately, this Commission decides whether or not we have complied with the statutory criteria, so let's get into that right now, if we can. That takes us to the next slide. Let me take a quick look at that, Craig. Okay, so there are two ways in which an area, or a site, or a corridor can become a brownfield. There are two sets of criteria, and that's not in debate. We had a discussion with your excellent Assistant City Attorney, and even your staff agrees with the criteria that are applicable. There are criteria that are applicable when the City wants to designate a brownfield area, like it's done here to the tune of 9, 000 acres. We're not talking about that. We're talking about these five criteria in Section 376.80(2)(b), andl want you to note one thing that we've highlighted in that exhibit. The statute says "shall." In other words, when and if an applicant demonstrates compliance with these five statutory criteria, the law becomes mechanical. The local government is without discretion to deny the designation. We feel that we have done that with respect to all three of our applications. Your staff has agreed that we have done so with respect to all three applications. In the staff analysis, prepared by your staff for all three applications, they stipulate to the fact that we meet each and every one of these criteria. The first criteria -- and again, this is going to get a little tedious. I'm going to try and race through it -- is that we own or control the site where we're requesting a designation, and we agree to rehabilitate and redevelop it. We've done that with respect to -- we've demonstrated compliance with respect to that criterion. All three times, your staff agrees. The second criterion is economic productivity and the creation of at least five new jobs, unless it's affordable housing; in which case, new jobs aren't required, but just economic productivity. We presented a detailed showing with respect to all three projects, and I've referenced that in passing with the $107 million that we're spending. Your City staff has agreed that we met that criteria on all three projects. The third criteria is that we're consistent with a local comp plan, and that we're permitable under the local land development regulations. Well, that criteria speaks for itself because the projects are now almost all built. Chair Sarnoff Can I just ask a question? Mr. Goldstein: Yes, sir. Chair Sarnoff Are you affordable housing or are you creating five jobs? Mr. Goldstein: We are affordable housing, sir. Chair Sarnoff Just wanted to make sure. Mr. Goldstein: Yes. Commissioner Carollo: And under that requirement, you don't need to have any additional jobs, correct? You just -- Mr. Goldstein: No, sir. No, sir, not required. Vice Chair Gort: Depends on the project. City ofMiami Page 31 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Goldstein: The fourth criteria is public notice and comment. The statute prescribes how we have to give public notice and comment. Not only did we comply with that; we went above and beyond what the statute requires. The statute simply requires posting at the property and advertising in the newspaper. We held a community meeting. It's not required. We did it because it's the right thing to do. And even though not a -- very few people, except your staff, for I think 30 minutes of the meeting, if that, showed up at the public meeting. I personally received a number of calls from neighbors who wanted to know when these projects were going to be built, because they couldn't wait to lease. We also received commentsfrom -- questions from two property owners who wanted to know about the designation and what it meant. Not only were they satisfied with our responses, but they are also looking into the designation to see how they can also facilitate, and encourage, and accelerate investment of private capital to create better projects for the City, and more jobs, and more tax revenues. And then the final criterion is that we are to demonstrate reasonable financial assurances that we have the capacity to get all of this done, and we feel we've done that. The City feels that we have done that. They've stimulate -- they've stipulated to that as well. So from our perspective, from a legal perspective -- andl urge you to hear this very clearly -- this is all that the statute requires. It's very clear. It's there in black and white. It's in your materials, in your briefing packages. Demonstrate those five criteria. The City shall -- the local governmental jurisdiction shall designate a brownfield area. Done. That's not to say that there's not some confusion about what's going on here, which I understand. Part of the confusion comes from the difference between the definition of a brownfield site and a brownfield area, okay. Unfortunately, when the Legislature put together the statute, they mixed and matched these terms. There's nothing in the statute -- and I'm sitting here as a lawyer under oath telling you this -- that requires -- that expressly requires that you demonstrate compliance with those definitions. But having said that, I can understand why City staff and why you, as Commissioners, would wonder why a program was created that allows for designation without at least some discussion of environmental issues, if these incentives are based in environmental concerns, so let's go through that. And the definition of brownfield site is before you. Craig, you want to turn it to me so I can read it? "Real property, the expansion or redevelopment or reuse of which may be complicated by actual or perceived environmental contamination. " We need to break that down very quickly. There are three elements to it. The first element is expansion, redevelopment or reuse. Well, we have that clearly. We are redeveloping property. We're expanding it and we're reusing it. The second component is nuance, and we're going to discuss that. May be complicated. Unfortunately, the statute doesn't discuss "complicated, " but it's like Justice Brennan says or said, "We know it when we see it. " And when we explain it to you, you'll know it as well. And then finally, note that the statute speaks to -- the definition of brownfield sites, speaks to either actual or perceived contamination. That's the very same construct that you have on your own Economic Development website in talking about brownfield sites. The City want to -- wanting to facilitate redevelopment where there's either actual or perceived contamination. And when I stop to take a breath, I will submit to the Clerk a screen shot demonstrating that that's actually the case. The -- so we've got expansion, redevelopment, or reuse, which may be complicated by actual or perceived environmental contamination. The other point here thatl want to emphasize is that there's nothing even in the definition -- there's nothing in the definition that requires actual or perceived contamination to be at the subject property, itself. It's nowhere in the statute, because it makes sense. If there are environmental issues that are impacting or complicating redevelopment wherever they are, if they're legitimate, then we want to incentivize developers to confront these issues head on, not turn away from these sites but turn toward them, roll their sleeves up and figure the problem out, and the State says "We're going to help you do that by giving you limited State subsidy; won't impact negatively, only positively on a local government. We're going to give you some liability protection as well," okay. So what we're going to do now, as we close our case in chief is I'm going to walk you through the geography and the hydrology of our three sites relative to the statute, and then I'm going to provide some testimony from our expert witness, and all of that will go into helping you understand why even though it's not required as a matter of law to demonstrate that we are a brownfield site, 'cause these definitions were set up poorly, we want you to understand why it's still good public policy and why we are rooted, this City ofMiami Page 32 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 request -- why this request is rooted in an environmental concern. I'll also note this" There's an error, one of many, in the staff report here. In referencing the brownfield's definition, the staff report indicates that this is an EPA (Environmental Protection Agency) definition. This is not an EPA definition. This is a definition that is incorporated and codified in State law, drafted by the Florida Department of Environmental Protection. There is -- there's a similar definition under federal law as promulgated by the EPA, but it's -- that distinction is important because it reflects a critical lack of precision and kind of a fast and loose play with the facts and the law here that create confusion for you as a board, okay. So whatl want to do now is I want to show you where these sites are. We've got three sites. These sites are -- two of the sites are generally located at the intersection of Southwest 8th Street and Southeast 2ndAvenue, okay. We have one site, Vista Grande -- I'm sorry; Brickell View, which is located directly east of a highly contaminated gas station. Craig, do you want to point that out? We are hard up against a highly contaminated gas station that has never had any actual cleanup, but has demonstrated contamination at exceedingly high levels. Vice Chair Gort: You're talking about 8th Street and -- Mr. Goldstein: Second Avenue. Vice Chair Gort: -- Southwest 2ndAvenue, not southeast. Mr. Goldstein: I'm sorry. Vice Chair Gort: Southwest. Mr. Goldstein: Thank you. Yes, correct. Chair Sarnoff What did you call that one? That's Brickell what? Mr. Goldstein: That's Brickell View. Chair Sarnoff View. Mr. Goldstein: Okay? Chair Sarnoff That's the one just east, west, south of where we're -- Mr. Goldstein: It is just east of the gas station on Southwest 8th Street, okay? Then we've got another project that's also practically adjacent to the contaminated gas stationsite. It's right across the street, although contamination doesn't respect property boundaries or rights -of -way. That is Vista Grande. That's located just south of the Wendy's and just east and southeast -- I'm sorry; west and southwest of the gas station, okay? Commissioner Carollo: These are all affordable housing, correct? Mr. Goldstein: Everything is affordable housing, Commissioner. Okay. Yes. I've been instructed to clam that all projects are affordable housing for seniors. You want to tilt that my way just for a second? Okay. So this is another shot of our site showing the distance between Vista Grande, right across the street from the contaminated gas station site, less than 100 feet, okay? Vice Chair Gort: Next to Wendy's. Commissioner Carollo: And you're saying the contamination is the gas station? City ofMiami Page 33 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Goldstein: Yes, Commissioner. And this next board shows the actual contamination, as of 1991 when it was discovered. It has not been cleaned up. It has not been fully assessed. It is languishing. I don't know if you saw the article in Miami Today yesterday and the excellent newspaper, the Miami Today, where Wilbur Mayorga, the chief of formerly DERM (Department of Environmental Research Management) and now RERS [sic], Environmental Restoration and Monitoring Session -- Section, where he was discussing the dry cleaning cleanup program, which is not much of a cleanup program. It's a warehousing program, severely underfunded, lots of sites are languishing. It's the same thing with this site. The State has a petroleum cleanup program. Once you're in it, you don't have to clean anything up. You can wait for the State to fund. There are over 10, 000 unfunded gas station sites in that program. This is one of them. Contamination was discovered in the late '80s, early '90s. There's been no cleanup whatsoever. What you see on this exhibit is a -- are contours or lines showing the inferred extent of contamination in ground water at very, very high levels. Just to give you one example -- and then, Commissioner, I think you may have a question. There is a category of contamination in gasoline called BTEX (Benzene, Toluene, Ethylbenzene , and Xylenes). That's an acronym. Environmental lawyers and consultants love acronyms. BTEX stands for benzene, toluene, ethyl benzene, and xylene. The "B" -- or the benzene is regulated at a very low level, because it's highly carcinogenic, one part per billion. As of 1991, we had concentrations at that site of up to 1,500 parts per billion or 1,500 times the one in a million cancer risks. No cleanup has been done there, whatsoever. Needless to say, building at a site adjacent to that site complicates redevelopment. It complicates redevelopment, because if we don't do things the way we're supposed to do them during construction, we will draw contamination onto our property, causing liability for ourselves where none has existed, and we could even be required not only to clean up our -- the contamination we've brought onto our site, but contamination that exists on the source site, because now we've changed the plume. I'm telling you this as a lawyer, someone who's been practicing environmental law for 22 years. We deal with this concern all the time. This complicates redevelopment, because now, both at the Brickell View site and at the Vista Grande site which both, for all intents and purposes, are adjacent to the uncontrolled contamination, we're now concerned about doing construction improperly, drawing down on ground water during construction dewatering, the way that moves the plume, pulling in perhaps chemical vapors and impacting future residents. Now, we did comprehensive Phase II testing on all of our properties. We spent a lot of money on our environmental consultants, which, in and of itself, is a complication. We didn't identify any contamination during our due diligence. Commissioner Carollo: You did not? Mr. Goldstein: We absolutely did not, but that doesn't go to the essence of the definition, which is the mere existence of actual or perceived contamination complicating redevelopment. So our redevelopment and reuse was complicated and continues to be complicated by the additional money that the developer spent on consultants and engineers and lawyers to design a proper construction to ensure that going forward, the construction and/or the gas station won't result in chemical vapors migrating offsite, and beneath the building, and up into the building through preferential pathways, and there are other technical aspects to this that I'm going to have my expert speak to as a matter of proof because this is a quasi judicial hearing. Chair Sarnoff Can I ask a question? Mr. Goldstein: Yes, sir. Chair Sarnoff Why doesn't CITGO remediate the site? Mr. Goldstein: CITGO doesn't remediate the site because, by law, Commissioner -- Mr. Chairman, it doesn't have to. As part of this awful cleanup program created by the State Legislature many, many years ago, the State said "We are going to take this as a public burden. We're going to take this over. There are too many gas stations operated by mom -and -pops to City ofMiami Page 34 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 allow for cleanups on a timely basis, so the State's going to take care of it. But the State ran out of money, because we've got 20,000 gas stations that are in the program. There's an absolute exemption from liability -- Chair Sarnoff And there was no strict liability for polluting --? Mr. Goldstein: Yes, sir. There is absolute strict liability for causing the pollution, but there's an absolute exemption, which puts us in an interesting bind and further evidences the complication here, because we could find ourselves in a strange situation where the party that caused the contamination isn't liable. But if we move that plume during construction, because we haven't properly engineered for it, now we're going to be responsible to clean it up. Chair Sarnoff And this is not eligible for any kind of federal Superfund cleanup. Mr. Goldstein: No, sir, absolutely not. First of all, the Superfund program has exclusion for petroleum, so that's out completely on day one. If there is availability for publicly funded cleanup, it's through the State petroleum program, which is underfunded, which is why nothing has happened here in over two decades, which is one of the reasons why you have a lot of underuse here, and we're willing to come along and take on this risk and it's real risk. This is real liability that we're exposed to, regulatory liability, third party liability, construction cost liability, tort liability, but through the brownfield's program, which we are eligible for as of right by statute, we get to manage our risk. So those are two out of the three sites, and I'm going to come back to Craig when we talk about our third site and the -- how that location of the third site relative to some other facilities complicates redevelopment for us, and then I'll probably wrap up, ifI may, Mr. Chairman, in ten minutes? Chair Sarnoff I'm going to give you two more minutes 'cause your time's expired, but I'm going to give you two more minutes. Mr. Goldstein: Okay, thank you. Appreciate it. So our third site, this is Brickell Tower, West Brickell Tower. It is midway between the contaminated gas station on Southwest 2nd and Southwest 8th Street, and the gas station at the other end of Southwest 2nd, the Brickell Trading Post, which was a former B -- is a BP, but was another flag when the contamination occurred on 15th and 2nd, and it's not even 100 feet away from a City -owned fire station with a 1,000 gallon diesel underground storage tank with a history of enforcement for failure to properly monitor leak detection, a demonstrated history of enforcement for failure to properly monitor leak detection. So by virtue of the fact that we are equidistant between two contaminated gas stations with petroleum plumes that have the potential to migrate at least 750 feet -- that's kind of industry state-of-the-art -- and by virtue of being less than 100 feet away from a facility that has a 1,000 gallon diesel underground storage tank with a history of enforcement, we are dealing with both actual and perceived contamination that complicate redevelopment. We've got the same issues. Are we -- where are we going to find contamination when we put a hole in the ground and started to develop our site? If we were going to conduct construction dewatering, would we pull a plume under our property? And even if we didn't have any ground water contamination issues, what about petroleum chemical vapors? How will that impact on our development currently and in the future? But again, these are all sidelight issues, because from my perspective as a legal matter, you are not required to consider the definition of a brownfield site as part of the designation criteria. That's not in it. You've got five criteria. We've demonstrated those criteria. Your staff agrees that we demonstrated those criteria. And having said that, I wanted to put all three sites in a larger environmental context, because this makes good -- Chair Sarnoff You need to conclude. Mr. Goldstein: Yes, sir. Thirty seconds. This makes good public policy sense. We are taking City ofMiami Page 35 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 advantage of a program that the State created to incentivize developers to undertake risky development in necessary areas, and that's what we have done. I'd like to reserve some time for putting my expert on and then cross-examining the City's experts. Thank you. Chair Sarnoff Thank you. Who's presenting for the City? You want those taken down? Are you okay with them up there? Alice Bravo (Assistant City Manager/Chief of Infrastructure): I prefer if they're taken -- Chair Sarnoff Taken down? Ms. Bravo: Yeah. Chair Sarnoff Could you stack up your stuff again? How much time will you need, Ms. Bravo? Ms. Bravo: The same, maybe less. Chair Sarnoff Thirty minutes? Let's put 15 minutes on the board. Ms. Bravo: Good afternoon. Alice Bravo, Assistant City Manager. With regards to items -- Public Hearing 5, 6, and 7, at this time the Administration is recommending denial of these requests. These applications are for three affordable housing projects. The applications for this incentive to develop was received by the City after construction had commenced on all three projects. With us today we have some of our expert consultants. We have -- Chair Sarnoff Is that a conceded point? Is that a point that's conceded, that they're seeking reimbursement post -construction commencement? Ms. Bravo: Yes. Chair Sarnoff Okay. Ms. Bravo: With us today, we have Mr. Dan Levy and Mr. V k Kamath with URS Consultants, both experts in the environmental field, andl'll let each one of them introduce themselves and provide their credentials. Daniel Levy: Thank you. My name's Dan Levy. I'm a registered geologist in the State of Florida. I've been practicing for 28 years. During that time, I've spent most of my work down here in South Florida, and I've investigated numerous, if not hundreds, of gasoline sites. With me here today is V k Kamath. He's a registered engineer in the State of Florida. Mr. Kamath, prior to joining our corporation, was a regulator with the Florida Department of Environmental Protection, at which time, he oversaw a lot of the State's brownfield programs. In addition, when the brownfield program was started, I served as a task force member for the City of Opa-Locka and assisted them in their designation of their brownfield areas. With that, let me go ahead and start the presentation a little bit, and for the essence of time, we will forego some of the same information that we talked -- that the previous presentation went forward with. I think everybody now understands what a brownfield is. We went through that in -- or the previous presentation went through that in pretty good depth. Next slide. The Redevelopment Act that was set up in Florida was really -- andl'll just summarize this a little bit -- was to create a financial and regulatory incentive to clean up contaminated sites or perceive to be contaminated areas to spur economic growth. Next slide. And as was pointed out, there is incentive for that, and again, this was to entice development in what we considered to be blighted areas. And as was pointed out, the definitions, I think we're all in agreement of what a brownfield site is and as well as a brownfield area, which is just a contiguous area of one or more brownfield sites. What we're looking at here today is where the City has done, I think, a phenomenal job at designating a City ofMiami Page 36 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 tremendous amount of the City land as a brownfield area. These are areas where the City is looking to inspur [sic] growth. The area right below that, in a darker orange, is the location where the three parcels are located. Could everybody see the map? Commissioner Carollo: Could we go back? Mr. Levy: Yes. Commissioner Carollo: So right now everything that's -- that yellow color is a brownfield designation? Mr. Levy: That is correct. And just south of that in that area in that little bit darker orange are where the three parcels are in question. Commissioner Carollo: Okay. Mr. Levy: The orange area also in that includes the City's enterprise zone and empowerment zones for redevelopment. Next slide. The designation process that was spoke about includes this, but I think more importantly, what the Act does, it also goes to the legislative intent. Go on to the next slide. When this was put forward, the legislator [sic] intent was to develop underutilized properties, blighted areas. How to entice a developer to come in there and take on a site that wouldn't be as attractive as a green field. So I'm going to go through that, each one of these, we can kind of set up a bit of a summary here, so we don't take up too much of everybody's time. One of them was to reduce the environmental hazards on any existing property, industrial. It was also to develop abandoned or underutilized blighted properties. It was also to provide regulatory and financial incentives to encourage an environmental cleanup and to provide cooperation from all the stakeholders during the development process to, again, entice the developer to come in prior to any work being taken place. Go on to the next slide. This is a bit of a close-up of the previous map. Again, just the area north, shaded in yellow, is the designated brownfield area, and every dot below that, and in various stages of work, either they're being built or planned to be built. The three square boxes in red are the locations of these apartment complexes that were just talked about, and you can kind of see there is a lot of development going on now without any incentives. Next slide. Here's again the picture of the site and how it looked yesterday, and it was pointed out that the permit was filed December of 2012, and then the application was put in December 28. It was pointed out there is a gasoline station there, and you can see it from the photo. It's a CITGO gasoline site. And we just wanted to, again, point out that even though the local regulatory agency has not commented on the property that was there, and it was my understanding today listening that the Phase II did not show that there was anything on that piece of property; that the permit that was issued by the RER (Regulatory and Economic Resources) indicated that they needed to advise them of their stormwater issue, which we found to be relatively standard for similar type developments in urban areas. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Commissioner Carollo: Quick question. So according to your slide here, they purchased the property, they requested building permits, and actually had inspections all before they applied for the brownfield designation. Correct? Mr. Levy: Yes, that is correct. Ms. Mendez: And just to be clear -- I'm sorry -- for the record, what property are you --? You're discussing one -- each one at a time? City ofMiami Page 37 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Levy: That is correct. This property is 144-152 Southwest 8th Street, known as West Brickell View Apartments. Ms. Mendez: Thank you. Commissioner Carollo: Thank you. Mr. Levy: The next property, known as -- or on 1026 Southwest 2ndAvenue, again this one, the permit was issued September 5, 2012, and the brownfield designation request was received by the City December 28, 2012. At this point, we're unaware of any problems on the site on a contamination issue, and again, it appears that incentives were not needed to move this project forward. And then the third site, very similar to what we have here, there was a demolition permit that was issued September 28, 2012, and again, as you can tell, it appears that no incentives were needed to move this project forward. Commissioner Carollo: And want to be clear and make sure that understand your slides. So in each one of these, the property was purchased, the permits were issued, and contamination, I guess, testing was done prior, which, by the way, no contamination was found prior to them requesting this brownfield designation? Mr. Levy: I'm not sure on all three properties. I do know on the first property there was a Phase I, and l found out today that there was also a Phase II that did not show that there was anything on that property. I'm not aware -- I would imagine it would make sense that they would have done a due diligence Phase I on the other properties, but I've not seen any documentation to indicate that -- them having a problem, a contamination problem. Commissioner Carollo: And the Miami- Dade Department of Regulatory and Economic Resource did not acknowledge any contamination issues during permitting process? Mr. Levy: That is correct. They did recognize it on the first property, and it's their standard protocol to mandate that stormwater be monitored or implemented in a way not to impact a contaminated site. Commissioner Carollo: Thank you. Mr. Levy: In conclusion, when we looked at this, we feel is does not meet the legislative intent, per Section 376.78. These facilities, we don't believe, were abandoned or underutilized, nor do they present any blight to the local area. Yeah, just to back up just a little bit. Prior to the legislative intent, when we talked about the designation of a brownfield under the Florida Statute, 376.8, Section 2, a local government shall designate a brownfield area under the provisions of this Act, which includes these five items that were talked about, but also must meet the legislative intent, and the legislative intent is where we feel that these properties do not meet. Chair Sarnoff Sorry. Where does it say that? Mr. Levy: Backup a little bit. Chair Sarnoff Show me where your language you're reading from. Commissioner Carollo: I think our City Attorney -- Unidentified Speaker: It's line number 7. Mr. Levy: It would be on slide 6. Commissioner Carollo: I'm sorry. Where's --? Gotcha. I have the slide. City ofMiami Page 38 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Levy: Or possibly slide 7. Chair Sarnoff So -- I'm sorry; one more time. Where does it say it must meet the legislative intent? Vice Chair Gort: It didn't. Mr. Levy: It doesn't state that. The legislative intent in all statutes are the preamble to the document itself but when the brownfield programs were developed, the intent was to develop underutilized or blighted areas. Just to be abundantly clear, it must meet the provisions of this act, plus the intent. Chair Sarnoff Madam City Attorney, if I were to find that the language of the statute was not ambiguous, would I get into the legislative intent? Ms. Mendez: The legislative intent and the provisions of the Act are one in the same. It's at the beginning of the Act. And from my understanding of what the City position is, is that it is not just certain provisions of the Act, but the Act as a whole that you have to take into account, so you have to look at the legislative intent and the sections, as well and take it completely as a whole and not parse out certain sections. Chair Sarnoff So we were shown a slide of five criteria; am I right? Vice Chair Gort: Yes. Mr. Levy: That is correct. Chair Sarnoff And you do not want us just to read those five criteria; you want us to read the entire Act? That's your instruction to this Commission? Ms. Mendez: That is what the City's position is at this time. And whatl am advising this Board, based on the sections of the Florida Statute, it says that the local government shall designate a brownfields area under the provisions of this Act, provided that -- and then it has certain criteria, but you have to see the Act as a whole so you take into account the legislative intent -- Chair Sarnoff Look, I'm going to -- Ms. Mendez: -- the definitions. Chair Sarnoff -- say, 376.80(2) (b), you want us not just to read the five criteria. You want us to go beyond that -- or instructing us to go beyond that and to consider the legislative intent and any other definitional sections of the Act? Ms. Mendez: Right, in conjunction, all together, yes. Chair Sarnoff And that is your instruction to us in terms of reading this Act? Ms. Mendez: Yes. Chair Sarnoff Okay. You guys done? Vice Chair Gort: Look at page 5, just on the left. Mr. Levy: Aslo, we have V k Kamath here, who I mentioned earlier, is a professional engineer City ofMiami Page 39 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 and former regulator with the DEP (Department of Environmental Protection). I'd like to see if V k can comment on a couple of the regulatory issues regarding the gas station. VvekKamath: Yes. Again, my name is Vik Kamath. I'm a professional engineer with URS Corporation. Prior to that, I was the waste program administrator for the regional office of the Florida Department of Environmental Protection, and one of the programs under my jurisdiction was the brownfield programs, andl was one of the senior regulatory administrators in the local DEP office who was instrumental during the passage of the Florida Redevelopment Act. I think -- as Mr. Goldstein pointed out, I think these applications, they do meet the criteria for, you know, the designation process. But if you look at the legislative intent, as Mr. Levy pointed out, I think the intent was to really look at blighted properties which need some incentive to -- regulatory as well as financial -- to stir some development so you could get these properties back on the tax rolls. And based on what we are seeing in the Brickell West, you know, I don't believe you're seeing any conditions like that which need any financial incentives or, you know, are blighted, so that's basically, I think, our position on this. Any questions? Johnny Martinez (City Manager): Mr. Chair. Commissioner Carollo: I think, from what I've heard already, I'm pretty clear. I mean, I think you andl have discussed not this issue, but we've discussed that area, how it's just growing and all the development that's going in there and, you know, market rate, so it's -- I mean -- Chair Sarnoff Let me -- Commissioner Carollo: -- if the intent is to develop, you know, underutilized properties -- Chair Sarnoff Since we're quasi judicial, let me at least allow him -- Are we done with our presentation? Mr. Martinez: Mr. Chair, may askMr. Goldstein one question? Chair Sarnoff Yeah, let him (UNINTET,TIGIBT,F). I'm sorry? Mr. Martinez: May I askMr. Goldstein one question? Chair Sarnoff I want the Administration to do whatever the Administration wants to do. Mr. Martinez: I want to askMr. Goldstein -- Chair Sarnoff And Mr. Manager, you feel free. Mr. Martinez: Mr. Goldstein, one of your central themes is the environmental challenges are either actual or perceived. Actual was zero, so your basis is perceived based on the gas station across the street; correct? Mr. Goldstein: No, sir. Mr. Martinez: No? Mr. Goldstein: The statute doesn't say -- it's a very -- well, first of all, we're going to get into this in a second, if the Chairman allows me, with respect to legislative intent, which has no role here, whatsoever, and I have a Florida Supreme Court case that I want to cite to and hand to the Board and the Clerk. But the definition of "brownfield site," which is not part of the statute's designation criteria -- it's very clear -- it speaks to actual or perceived contamination, period. It doesn't say "at the subject property." It just says, "the existence of actual or perceived City ofMiami Page 40 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 contamination that complicates redevelopment, reuse, or expansion." We have, in each and every instance, both actual and perceived contamination that have complicated reuse of the property, of each of the three properties, subject to our three applications. Mr. Martinez: Okay. Based on your perceived, possible -- what extraordinary construction measures did your client take to stop the pollution of (UNINTELLIGIBLE)? Mr. Goldstein: That's a great question, and it's not just construction, because the definition -- Mr. Martinez: Incident reports. Mr. Goldstein: -- doesn't say only -- that you only have to demonstrate additional construction or extraordinary construction measures. It says "complicate" -- Vice Chair Gort: Complicate (UNINTELLIGIBLE). Mr. Goldstein: -- "expansion, redevelopment, or reuse," and that's a very precise term. It's precise, because there are a variety of ways and there are a variety of risks that can befall a developer looking to reuse sites just like these three. There are legal risks. There are regulatory risks. There are public health risks. And there are construction risks. But with respect to your question, the construction issue, let's start with Brickell View. On Brickell View we had a report, Phase II report, from our consultant that said, "You're next to a severely contaminated gas station with an uncontrolled plume, with free products still in the ground water, and if you do" -- "if you don't take the proper measures during dewatering to prevent drawdown, you're going to have a liability, you're going to have a problem." So instead of running away from the site, our guy said "All right, let's figure out how to do this." So we spent additional money with our engineers and our consultants to address the dewatering measures. We had -- we have a letter from DERM that I'm going to introduce. Delayne, we're going to go -- will you find that letter? There's a letter from -- it's a dewatering letter from the County to the applicant saying, `If you don't pay proper attention to dewatering, you're going to have a problem, you're going to have liability." In addition to that, we spent money both at Brickell View and Vista Grande on additional construction equipment -- the trade name escapes me. The name of the special material we used for the piping, the subsurface piping. Yeah, we -- I have it here in my materials -- spent additional money, at the direction of the County and pursuant to Code, to ensure that the subsurface piping we constructed wouldn't be degraded in a petroleum -saturated environment. So that's one concrete example of -- from a construction -- two concrete examples -- perspective on how actual contamination conditions complicated redevelopment, reuse, and expansion. The two ways being the additional money and time we spent on consultants and engineers to develop an appropriate dewatering plan, as well as the additional money we spent on physical materials to construct in a petroleum -saturated environment. So that's with respect to two out of the three sites. On the third site, the complication didn't ultimately require the changing of any actual construction activity, but it did require spending more money on consultants and lawyers to evaluate the risk of exposure to liability as it stands today and liability as it stands in a month or in two months or in three months if, for example, the City continues its practice of not properly complying with leak detection rules and a release occurs. A release may have occurred, for all that we know, due to the City's failure to properly monitor leak detection at that 1,000 gallon underground storage tank, or the plume that exists at the BP (British Petroleum) station on the corner of 15th and 2nd could ultimately move towards our property, whether in ground water or chemical vapors. I just participated in a meeting yesterday with the Florida Department of Environmental Protection and about 50 other environmental professionals across the State where this issue was discussed, the emerging science of chemical vapor intrusion, and what type of protocol should be implemented to evaluate how far chemical vapors can move and in what subsurfaces. The state-of-the-art, EPA has determined that currently chemical vapors typically move 100 feet, unless they are underneath asphalt, because asphalt creates certain pressures that allows chemicals to travel even further, which is what we have here, okay. So I think that's a City ofMiami Page 41 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 comprehensive response to your question. Mr. Chairman, ifI may, with respect to the question of legislative intent, the Florida Supreme Court has spoken to this issue clearly, and I'm glad you brought it up. In the case of Knowles v. Beverly Hills -- and Delayne is going to hand copies to everyone; they're flagged. The citations are flagged -- and to the Clerk. The Florida Supreme Court has said when the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction. The statute must be given its plain and obvious meaning. In determining intent, we have explained we first looked to the statute's plain meaning, okay. That's in the Florida Supreme Court case, the Seminole case on legislative intent, Knowles v. Beverly Enterprises, Florida. And the reason for that is because the Florida Supreme Court doesn't want a court, or a legislator, or any third party to second guess what's very clear in the statute. What's clear in -- what's in the statute is clear. There are five designation criteria. We meet it. City staff has said we meet it. Even the City's consultant, who, by the way, calls me fairly constantly to ask for brownfields designation work and has represented clients of ours that are seeking designation and incentives for sites that also don't necessarily need the incentive like this one; has also conceded that we meet the designation criteria. One last point in rebuttal, ifI may, Mr. Chairman and Commissioners. There's nothing in the statute that says that you cannot apply for a designation after you start construction. That's not part of the criteria. It happens all the time. Your excellent City Attorney -- Assistant City Attorney asked that question of me six months ago, and said to me, "Michael, have you ever done this before? Have you ever -- in your 32 times successfully designated brownfield areas all across the State in 80 brownfield projects that you've worked on, have you ever gone before a local government to get the designation after construction has started?" And the answer is yes. We sent them four examples in South Florida where we've done that successfully. We did it in Miami -Dade County. We did it in Broward County. And we also did it, I believe, in the City of Hallandale Beach. Chair Sarnoff Is there any law on point on that? Mr. Goldstein: Well, there's -- what's on point is the absence of any provision, whatsoever, to the contrary. Chair Sarnoff In the interpretive process of this particular statute, is there any law on point of an after -the -fact request for a brownfield designation after commencement of construction? Mr. Goldstein: There's no case law. We're going to make case law, Mr. Commissioner -- Mr. Chairman. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I'm ready to make a motion. Chair Sarnoff All right. If -- you done? Mr. Goldstein: I -- because it's a quasi judicial hearing, for the record, I would like to put on the testimony of my expert. Chair Sarnoff In rebuttal to what they had to say? Mr. Goldstein: It is in rebuttal, yes, sir. Chair Sarnoff Can you tell me what you would be rebutting? Mr. Goldstein: Yes. We would be rebutting the notion that the gas station site at the corner of City ofMiami Page 42 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Southwest 2nd and Southwest 8th Street doesn't present an existing environmental concern; that there are no contamination issues, material contamination issues that complicate redevelopment. Chair Sarnoff How long will that take? Mr. Goldstein: I would say three minutes. Chair Sarnoff Okay, go ahead. Mr. Goldstein: Okay. For the record, Mr. Clevenger, would you introduce yourself? Craig Clevenger: Yes. My name is Craig Clevenger. I'm a professional geologist. I work with the firm EE&G Environmental. I've been practicing for 23 years in Miami, and also, I took a hiatus from EE&G for one year in the mid-2000s. I worked for the City ofMiami. I was your brownfields coordinator, during which, we designated the expansion of the brownfields area, and encouraged the redevelopment, and really brought the program to the point it is now, and what you're seeing on the website, and where the brownfields is. Mr. Goldstein: Mr. Clevenger, have you investigated contamination gas stations before? Mr. Clevenger: Yes, for 23 years I have. Mr. Goldstein: How many would you say you've investigated? Mr. Clevenger: Thousands. Mr. Goldstein: Have you looked at the file for this particular site? Mr. Clevenger: For the one on 8th Street and 2nd Avenue -- Mr. Goldstein: Yes. Mr. Clevenger: -- yes, sir, I have. Mr. Goldstein: Okay. What is your professional opinion regarding the state of contamination at this site? Mr. Clevenger: This site is severely contaminated. Mr. Goldstein: And in your opinion, has there been any cleanup at this site, any material remediation of contamination? Mr. Clevenger: There was some initial cleanup before the funding went out decades ago, but since the mid-90s, no cleanup has occurred at this site. Mr. Goldstein: And is it your professional opinion that contamination has likely migrated offsite based on the plume map that we proffered to the Commission earlier? Mr. Clevenger: Yes. The plume map shows that there is migration off the property boundary, yes. Mr. Goldstein: Okay. And that actually, Mr. Chairman and Commissioners, is contrary to the position that your staff took, who, by the way, is not here, the staff individual who wrote the opinion, at least, and he hasn't been proffered for cross-examination. And Mr. Clevenger, is it your opinion that the existing contamination that has likely migrated offsite complicates reuse, City ofMiami Page 43 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 redevelopment, and/or expansion? Mr. Clevenger: Yes. Chair Sarnoff I'm sorry. Did he testify -- I'm sorry -- that there is migration? Mr. Goldstein: Yes. Chair Sarnoff Oh, I'm sorry. Mr. Clevenger: Off the property boundary. Chair Sarnoff You testified there is migration? Mr. Clevenger: Off the property boundary was the question. Chair Sarnoff And you've done testing to determine that, or is that your professional opinion? Mr. Clevenger: No. That's the opinion based on the review of the file. Mr. Goldstein: And that's what I asked him, Mr. Chairman. Chair Sarnoff So you -- wait, wait, wait, wait. You're going to put your professional reputation on the line here, and you're going to say affirmatively, "there has been migration"? Commissioner Carollo: What he said. Mr. Clevenger: Yes, sir. I've got -- we -- there's a map that shows you that it's extended off the property boundaries. Chair Sarnoff No, no, no. Has it migrated to the areas where you're building? Mr. Clevenger: That's not the question that was asked. Mr. Goldstein: Okay. And in what way -- in your opinion, in what way has the existence and the migration of contamination -- let me rephrase that. Has the existence and migration of onsite contamination, in your professional opinion, complicated redevelopment, expansion, and reuse? Mr. Clevenger: Yes. Mr. Goldstein: In what way? Mr. Clevenger: In what way? The potential for the plume to be drawn onto our property -- because as we showed in the exhibit before, it's a large area of petroleum -affected ground water, and as demonstrated by the Miami -Dade County DERM, they even advise to be careful when you were doing dewatering, because you had the potential to pull that petroleum -affected water onto your property and that would create the liability there. Also, there was a waste oil tank that was in the southeast corner of that gas station that had been removed and not properly assessed, so there's a potential for petroleum, or heavy metals, or solvents in that area that also could migrate and create complications on our property. Vice Chair Gort: Mr. Chairman, may I ask a question? Chair Sarnoff Yeah, please do. City ofMiami Page 44 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: Is it all right to --? 'Cause I don't understand this, judges and whether -- Chair Sarnoff I think you're fine; we can, I think. Vice Chair Gort: We can ask a question? Okay. My understanding is you the one that did the research and the work for the City ofMiami to determine the brownfield target areas; am I correct? Mr. Clevenger: I worked and we expanded the brownfields designation area under -- when I was working with you. Vice Chair Gort: Okay. How come if this area is so bad, you did not expand it to this area? Mr. Clevenger: That's a good question. I'm glad you asked. Because I wanted to expand -- you know, as the brownfields coordinator, I promoted brownfields redevelopment, and) wanted to expand to larger areas, even into this area and even into the Mary Brickell Village, even into the Grove where we see Old Smokey and now you're seeing the incineration debris sites. Those are not in the designated area. I wanted to go into those areas, but the director of Economic Development at that time, Keith Carswell, he did not want to tackle that. He said, "We will go to the Empowerment Zone boundaries only," and) supported that at that point. Vice Chair Gort: That's why you supported that point. Mr. Clevenger: Yeah. Well, I -- Vice Chair Gort: Okay. Mr. Clevenger: -- was -- Vice Chair Gort: I gotcha. Mr. Clevenger: -- a simple employee; I didn't have a choice -- Vice Chair Gort: I gotcha. Mr. Clevenger: -- to do anything other, soI did everything) could to promote brownfields. Vice Chair Gort: Okay. Mr. Goldstein: Mr. Chairman, may I supplement that answer to the Commissioner? Chair Sarnoff Go ahead. Mr. Goldstein: Thirty seconds. Thank you. State statute provide -- allows for this dichotomy and encourages it. It has one set of criteria, very broad and permissive for local governments, and then others on a site -specific basis when the facts and circumstances justify it. That's what we have here. The other submittal I'd like to make at this point, the question that came, I believe from the Chair -- or through the Chair -- through -- actually from -- through the Chair from the City Manager was what did we do actually onsite physically. The construction material that we had to put in place, acquire, put in place at both the West Brickell View site and the Vista Grande site, it's called a V ton gasket, and it's -- again, it's utilized in subsurface piping to resist the degradation in a petroleum -saturated environment. We're going to submit these documents to the Clerk. Chair Sarnoff Okay. All right, I think we're done. City ofMiami Page 45 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: One more question. Chair Sarnoff Go ahead. Vice Chair Gort: My understanding, you stated that this will complicate the reuse or the expansion of the property. Mr. Clevenger: Yes, sir. Vice Chair Gort: Okay. Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. I'd like to make a motion that a designation as a brownfield area does not exist for PH.5. Chair Sarnoff All right. Is there a second? Vice Chair Gort: Second. Chair Sarnoff All right, any discussion? Oh, I'm sorry. Anybody from the public wishing to be heard on PH.5, 6, and 7; wish to come up and speak? Hearing none, seeing none, coming back to this Commission. You mind ifI say something that might help? I think it's -- I think the statute is reasonably clear on that 376.80(2) (b) (1-5); talks about potential brownfield site, yet there's no definition of what a brownfield site until and unless you get to 367.79(b) -- Subsection 3, Brownfield Site, which shows that the potential site may be complicated by actual or perceived environmental contamination. I would additionally say, in accordance with Commissioner Carollo's motion, that there is no evidence that there is any complication or any potential for complication with regard to the development of these sites, because there's no evidence before us. It is a barren record to show that there's a perceived environmental contamination when they actually commenced construction prior to the application. So I want the record to reflect that based upon my reading of 376.80(2) (b) (1-5) and the need to look to the definitional section of brownfield at 367.79(3), that I find no record evidence of perceived environmental contamination based on the record presented before this Commission. So we have a motion. We have a second. Any further discussion, gentlemen? All in favor, please say aye." The Commission (Collectively): Aye. PH.6 RESOLUTION 13-00721 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE Administration CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST FOR THE PROPERTY LOCATED AT 1026 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL TOWER, A MULTI -LEVEL APARTMENT BUILDING WITH THIRTY TWO (32), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5). City ofMiami Page 46 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 13-00721 Summary Form.pdf 13-00721 Notice to the Public.pdf 13-00721 Legislation Title - Version A or B.pdf 13-00721 Legislation - Version A.pdf 13-00721 Exhibit 1 - Version A.pdf 13-00721 Exhibit 2 - Version A.pdf 13-00721 Exhibit 3 - Version A.pdf 13-00721 Exhibit 4 - Version A.pdf 13-00721 Exhibit 5 - Version A.pdf 13-00721 Exhibit 6 - Version A.pdf 13-00721 Legislation - Version B.pdf 13-00721-Submittal-Maggie Knowles, etc. v. Beverly Enterprises -Florida, Inc., etc..pdf 13-00721-Submittal-Downrite Engineering Corp. Change Order.pdf 13-00721-Submittal-URS Technical Memorandum.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-13-0475 Note for the Record: Please see Item PH.5 for minutes referencing Item PH.6. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I make a motion that a designation as a brownfield area does not exist for PH. 6. Chair Sarnoff Is there a second? Vice Chair Gort: Second. Chair Sarnoff All right. Any discussion? I do not need a public hearing on that, right? Right. All in favor, please say "aye." The Commission (Collectively): Aye. PH.7 RESOLUTION 13-00722 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE Administration CRITERIA FOR DESIGNATION AS A BROWNFIELD AREA DOES NOT EXIST FOR THE PROPERTY LOCATED AT 850 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF VISTA GRANDE APARTMENTS, A MULTI -LEVEL APARTMENT BUILDING WITH EIGHTY NINE (89), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376.80 SECTION 2(B)(1-5). City ofMiami Page 47 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 13-00722 Summary Form.pdf 13-00722 Notice to the Public.pdf 13-00722 Legislation Title- Version A or B.pdf 13-00722 Legislation - Version A.pdf 13-00722 Exhibit 1 - Version A.pdf 13-00722 Exhibit 2 - Version A.pdf 13-00722 Exhibit 3 - Version A.pdf 13-00722 Exhibit 4 - Version A.pdf 13-00722 Exhibit 5 - Version A.pdf 13-00722 Exhibit 6 - Version A.pdf 13-00722 Legislation - Version B.pdf 13-00722-Submittal-Maggie Knowles, etc. v. Beverly Enterprises -Florida, Inc., etc..pdf 13-00722-Submittal-Downrite Engineering Corp. Change Order. pdf 13-00722-Submittal-URS Technical Memorandum. 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-13-0476 Note for the Record: Please see Item PH.5 for minutes referencing Item PH.7. Commissioner Carollo: And Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I make a motion that a designation as a brownfield area does not exist for PH. 7. Chair Sarnoff There's a motion. Is there a second? Vice Chair Gort: Second. Chair Sarnoff All right. Any discussion? Hearing no discussion, all in favor, please say "aye. The Commission (Collectively): Aye. Victoria Mendez (City Attorney): Now, Mr. Chairman, just to be clear for the record, I wanted to make sure -- there are two -- there is an Option `A" and an Option "B" in your packet, one designating and one not designating. I wanted to make sure that the resolutions, as drafted for each of the items for not designating the brownfield [sic] is the one that we will be using in the record, that you are all familiar with in your packet. Vice Chair Gort: It's a resolution. Chair Sarnoff I thought Commissioner Carollo was pretty clear on that. Ms. Mendez: Okay. And then the second thing, any findings that you used for PH. 5, will you be using the same for 6 and 7? Chair Sarnoff I thought we opened up the hearings together, so that was my understanding. City ofMiami Page 48 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Mendez: We did, we did. But in the motion, just to be clear for the record, the same findings that you used for the first we can use for the other two items. Chair Sarnoff I would just suggest for the record that any findings I made with regard to any of these statements that I've made concerning the statute would be has verba with regard to the entire public hearing. Thankyou. Ms. Mendez: Thank you, Chairman. Unidentified Speaker: Thankyou, Commissioners. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Two -minute recess. Chair Sarnoff Sure. Commissioner Carollo: Two minutes. Chair Sarnoff We're in recess for -- we'll give us five. ORDINANCES - SECOND READINGS SR.1 ORDINANCE 13-01095 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY", MORE PARTICULARLY BY ADDING A NEW SECTION 2-780 TO REQUIRE ALL PROSPECTIVE LEASES OR LEASE MODIFICATIONS OF CITY OF MIAMI OWNED PROPERTY TO CONTAIN LANGUAGE SPECIFICALLY PROHIBITING GAMBLING ACTIVITIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01095 Legislation (Version 2) SR.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 13417 Chair Sarnoff I may have said in error that we're going to take up the brownfield. Apparently, that's a time certain at 5 o'clock, so I guess we now move to the SRs (Second Readings). Commissioner Carollo: Yes. Chair Sarnoff So SR.1 is the gambling ordinance. I guess I'm the sponsor of this. Vice Chair Gort: How about the -- Chair Sarnoff I missed something? City ofMiami Page 49 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: Five, six, seven. Chair Sarnoff Five, six, seven, that's the brownfields, and apparently -- Victoria Mendez (City Attorney): Those are the -- Chair Sarnoff -- they're after 5, so 5 o'clock. Vice Chair Gort: That's the brownfields. Okay, gotcha. Ms. Mendez: Well, they shall not be considered before 5 p.m. Chair Sarnoff Right. Ms. Mendez: Any time after 5 p.m. Chair Sarnoff Okay. Vice Chair Gort: All right. Chair Sarnoff So I was -- I misspoke when I said we could table, 'cause we're going to take those up. So based on my agenda reading, the next thing up is SR.1. SR.1 is my suggested ordinance to the City Commission, which is regarding gambling on City -owned property, andl again state to my fellow Commissioners, you can't retroactively do anything because of Florida Constitution on impairment of contract. You can't take away what we've already done, but what we can do is plan for the future, and what I'm suggesting is that in the future, you know, we could say, as a policy statement, we don't think we should gamble -- I guess you're not saying in general, but you're saying gamble on City -owned property, and that's what this ordinance does, and that's my suggestion. I don't think this needs a long, protracted conversation. I think everybody has their own feelings and issues on it. Again, ifI could go backwards in time andl could undo some things, I would. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. Andl don't have a problem moving this. The only thing want to verin, from you is that at any time -- let's say we have a long-term lease and they want some type of gaming, that they have the ability to come back to the City Commission, andl just want to verin, that that's in there. However, I am in favor of this ordinance. Chair Sarnoff I guess the best way to express that, Commissioner Carollo, is obviously, we as a Commission, as a juridic body can change a policy that we state any time we want and cull out what you would deem to be appropriate leasehold interest maybe for a length of time, area of property or issues pertinent to that. What we recently saw is we had the Grove Harbor issue, and we were actually going to have a lease that didn't have that expressed language that says, In the event" -- Commissioner Carollo: Right. Chair Sarnoff -- "gambling ever becomes legal, you have the right to come back to the Commission and ask that gambling go on there." And that creates a certain stir in the community thatl think is reasonably unjustified. And interestingly enough, that clause came from not policymakers, but from the -- and I'm not criticizing Madam City Attorney -- but it came City ofMiami Page 50 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 from the City Attorney's Office, and the City Attorney's Office is not a policymaking body. This juridic body is the policymaking body, and all I'm saying is, generally speaking, as a policy, we should not gamble on our own property. And if you want to say, well -- andl think know -- I might know what you have in mind -- certain parts of the City may be amenable to it. Gambling becomes legal, you wish to revisit that, you would then carve out -- Vice Chair Gort: Yeah. Chair Sarnoff -- from this ordinance an exception, so. Vice Chair Gort: You can always change it as a policy. Chair Sarnoff Right. Vice Chair Gort: I'll second. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on SR.1, SR.1 ? Hearing no -- you're just waving, right? Okay. Vice Chair Gort: Yeah, he's -- Chair Sarnoff Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. Ms. Mendez: To clarify, is there a modification that a -- based on the motion that the Commission may consider -- add something between now and -- first and second reading that the Commission may consider that in the future or -- Chair Sarnoff Second reading. This is second reading. Ms. Mendez: Yes, of course, it's second reading now, but I'm saying, is there a modification now, wording as discussed by Commissioner Carollo, or as passed? Chair Sarnoff I would just say as passed, 'cause any Commissioner can then say, `I want to revisit" -- Vice Chair Gort: Yeah. Chair Sarnoff -- I don't know -- "SR whatever it was, andl wish to make the following modifications." `Any" -- `I wish to accept any City property of two acres or more or five acres or more that has a lease of 50 years or more, and that then becomes an exception to the ordinance." Or you could even withdraw the ordinance. Commissioner Carollo: Right, but I guess what I'm saying is that from your ordinance, as it is right now, we do not accept gaming in City property. Chair Sarnoff Correct. Commissioner Carollo: However, there should be some stipulation on -- otherwise come before the Commission and -- you know, on a case -by -case basis and, you know -- in other words, you have an avenue to make the request to the City Commission. However, if you don't come to the City Commission and make that request, gaming is not allowed in City property. You understand what I'm saying? City ofMiami Page 51 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Yeah. If you want -- you're making a legislative history of sorts. You want to say, "Historically, I may have voted for this, but it was always intended that you could come back and" -- Ms. Mendez: It doesn't -- Commissioner Carollo: Not "intended" but what I'm saying is I think we're setting policy that on City properties, we do not allow gaming. Chair Sarnoff Right. Commissioner Carollo: Right? Chair Sarnoff Correct. Commissioner Carollo: Andl have a feeling it won't be me who, in the near future, will be proposing, hey, this property, you know, should allow gaming or not. I have a feeling it's not going to be me. However, I do believe that we should make a policy that there is no gaming on City property. However, if -- on a case by case, they want to appear before the Commission and, you know, make a presentation or their case, so to speak, on why on that location, it should be allowed, you know -- and again, we're going beyond -- you know, the State needs to pass legislation and all that stuff, but should in the future that occur, I think that, you know, whoever the owners are or the leasehold -- because I would assume that we'll probably lease out the property, and that's how, you know, a company would want to come before us. I think they should be allowed to come before us and ask for some type of waiver. Vice Chair Gort: My understanding is in the past, we've had that happen. People have come up in front of us and amended the lease and amended the contracts, andl think they can come --I know this is an ordinance. Commissioner Carollo: This is an ordinance. Vice Chair Gort: And they can come to the Commission, and the Commission can make the changes to the ordinance at that time. Ms. Mendez: The only thingl want -- Vice Chair Gort: I don't know. What kind of amendment would you put to this ordinance then? Ms. Mendez: Well, I just want to advise that this ordinance saying that the City Commission is prohibited from favorably considering any lease -- you know, obviously, except the ones that -- Commissioner Carollo: Exactly. Ms. Mendez: -- already have some sort of provision that it could come before you and then you consider it at that time. For the ones in the future, if -- and that's why I asked, just based on Commissioner Carollo's statement that, maybe something could be added that says the Commission may reconsider a particular property, or something like that. Because if not, it can't -- future properties cannot come before you unless you do another ordinance change. That's what I'm just trying to clam. Chair Sarnoff You're just changing the mechanism. So let's assume Commissioner Carollo's scenario. What would happen is a Commissioner would sponsor an amendment to this ordinance, whatever we number it, and would say, `I either want to do away with the ordinance, " or `I want to modify the ordinance that any property, five acres or larger, 50-year City ofMiami Page 52 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 lease or longer can do that." Then that opening occurs again; two public hearings, which I think what he wants would be two public hearings so that he'd have debate, and then, as a prophylactic measure, that person comes in and wants to insert that in a leasehold interest, they have another public hearing on that issue. Commissioner Carollo: So what you're saying is you actually -- from what you're saying is you actually want to make it harder, so you will have to pass an ordinance overriding this ordinance, saying -- Vice Chair Gort: Amending. Chair Sarnoff Mod4ing. Amending or mod4ing, yeah. Vice Chair Gort: Modifying, amending. Commissioner Carollo: Modifying. Chair Sarnoff And what you get is you get the debate, which is, I think, what you always like. Vice Chair Gort: See, I can understand where you're coming from, but if we put something now, people will speculate with that. Chair Sarnoff Right. Vice Chair Gort: Well, wait a minute, they passed this, but I understand I'll be able to come back and change it later on. Commissioner Carollo: Okay. Ms. Mendez: I just wanted everybody to be clear based on the -- so we're fine. We'll pass it as stated then. Commissioner Carollo: Right. So in the future, if we do have some type of long-term lease and gambling becomes legal and they want to somehow incorporate gaming within their properties, they will have to come before us, and then some Commissioner will have to actually propose -- Ms. Mendez: An ordinance. Commissioner Carollo: -- an ordinance -- Ms. Mendez: Amending this. Vice Chair Gort: Amending. Commissioner Carollo: -- amending this ordinance. Ms. Mendez: Correct. Commissioner Carollo: And then what you're saying is you'll have a additional debate. Chair Sarnoff You'll have debate on that ordinance; then you'll have debate on the lease. You'd have at least two hearings, because, theoretically, in one of those hearings, you'd have -- Commissioner Carollo: Understood, understood. City ofMiami Page 53 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 SR.2 13-00745 District 2- Commissioner Marc David Sarnoff Chair Sarnoff -- to read the modifications. Commissioner Carollo: Okay, I could go along (UNINTELLIGIBLE). Ms. Mendez: I just wanted to clarify that for the record. The Ordinance was read by title into the public record by City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.1 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE VII, ENTITLED "MOTOR VEHICLES/ PRIVATE PARKING LOTS", MORE PARTICULARLY BY ADDING NEW PARKING LOT REQUIREMENTS FOR LIGHTING, SIGNAGE, USES AND REVOCATIONS OF PERMITS AND ADDING NEW SECTIONS 35-288 THROUGH 35-291 TO CLARIFY ENFORCEMENT OF NON -COMPLIANT PARKING LOTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 13-00745 Legislation SR (Version 2).pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item SR.2 was continued to the December 12, 2013, Regular Commission Meeting. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READINGS FR.1 ORDINANCE First Reading 13-01238 Department of Capital Improvements Program AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 2-892(4)(G)(1) TO REVISE THE SUNSET DATE FOR THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01238 Summary Form SR.pdf 13-01238 Back -Up FR/SR - Code Sec. 2-892.pdf 13-01238 Legislation SR (Version 2).pdf City ofMiami Page 54 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Chair Sarnoff Okay, I believe we are on FRs (First Readings). FR.1 is where I think we are. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. FR.1 is an ordinance to extend the sunset date of the Homeland Defense/Bond Oversight Board to December 31 of 2014. Commissioner Carollo: Move it. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Gort. I -- Vice Chair Gort: Second for discussion. Chair Sarnoff And Commissioner Gort's recognized for the record. Vice Chair Gort: Do we still have funds in there? Mr. Spanioli: There are some remaining funds that are allocated to projects that just need to be completed and closed out. The Bond Oversight Board was meant to stay in place until all the projects are completed and closed out -- Vice Chair Gort: Okay. Mr. Spanioli: -- so we can give them their final updates and so forth. Vice Chair Gort: Okay, thank you. Chair Sarnoff FR.1 is a public hearing. Anybody wishing to be heard on FR.1, please step up. Hearing none, seeing none, coming back to this Commission. Hearing no further discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. FR.2 ORDINANCE First Reading 13-01235 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 NORTH MIAMI AVENUE FROM NORTH 5TH STREET TO NORTH 8TH STREET AND FROM NORTH 9TH STREET TO NORTH 11TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 55 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 13-01235 Summary Form SR.pdf 13-01235 Pre -Legislation FR/SR.pdf 13-01235 Memo -Reduction of Zoned Street FR/SR.pdf 13-01235 Notice to the Public FR.pdf 13-01235 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): Good morning. Zerry Ihekwaba. FR.2 is an ordinance amending Chapter 54 of the City Code, entitled "Streets and Sidewalks", by amending Section 54-9 [sic] for the nonstandard street widths ofMiami Avenue from North of 5th Street to 8th Street and from 9th Street to 11 th Terrace. Chapter 54-186 established the base building lines for the purpose of assuring setbacks. And the City, prior to this date, had in 1996, I believe, done some amendments of the right-of-way by increasing it from 70 feet to 95. I repeat, in 1986 -- correction, 1986 -- the adjustments of the zoned right-of-way which was made from 70 to 95. And in year 2000, the City rezoned the middle segment of 9th Street to 8th Street for the NAP (Network Access Point) Project, which is currently the Verizon facility on Miami Avenue. What is required today is to rezone this back to the original zone right-of-way of 70 feet in order to allow for a number of purposes. One, as of today, there has (UNINTELLIGIBLE) any impediments and there has not been any type of dedication on adjourning property owners, so there's no impediment to their rights as property owners of the adjourning properties. Two, there is a fiscal impact in terms of there's an increase in property rolls if the City were to take this action today. Any question? Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: I think the City Manager wants to speak. Chair Sarnoff Oh, I'm sorry. Johnny Martinez (City Manager): Question: Zerry, do we have to do any replatting or anything to do this? Mr. Ihekwaba: No. The beauty of it is that there has not been any dedication done as of today, so no replatting is going to be done. There's no action to be taken by any of the property owners. It's simply -- and there's no construction or encroachment in any of these areas. It's simply a virgin area in terms of infrastructural improvements. Chair Sarnoff Anything else, Mr. Manager? Mr. Martinez: That was it. Thank you. Chair Sarnoff It gets you more taxable value. Is there a second? Commissioner Carollo: Does it give you more taxable value? Chair Sarnoff Absolutely does. City ofMiami Page 56 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: Okay, I want to hear it from them also 'cause -- Chair Sarnoff Mr. -- Mr. Ihekwaba: Yes. Currently, the zoned right-of-way, which is 95, so it puts back to the property owners an additional 25 square feet -- 25 feet of property value. Commissioner Carollo: And who's going to follow up to make sure that it is additional property -- 2 Mr. Ihekwaba: This is automatic. It gets registered in the clerk of the courts in official record books, so the adjourning properties, their limits and their boundaries are adjusted automatically. Commissioner Carollo: I understood that, but who's going to follow up from our Finance Department or from Budgeting that next year around when the tax roll comes around, that it actually -- it's --? Chair Sarnoff Should be your appointment. You appoint to make sure it happens. Commissioner Carollo: Would someone? Christopher Rose (Director, Office ofManagement & Budget): Chris Rose. Chair Sarnoff Mr. Rose will -- Vice Chair Gort: Turn on the mike. Chair Sarnoff Mr. Rose has agreed that he will follow up and make sure that the tax appraiser is aware that there's more taxable volume to tax. Mr. Rose: Yes, Commissioner. Vice Chair Gort: If not, I can assure you, my office will follow up; we have someone inspect this, particularly, the issue -- and looking at those issues, like the parking lots, that they don't pay and there are fees and so on. We got a few of them. Chair Sarnoff Andl will make sure my office follows up. Vice Chair Gort: Andl know you will follow up too. Chair Sarnoff Okay. Do I take that as a second? Commissioner Carollo: Second. Chair Sarnoff All right, second. It's a public hearing on FR.2. Anyone from the public wishing to be heard? Mr. Cruz, you're recognized for the record. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street. It sounds pretty good, and anyway, coming from a civil engineer andl as a fellow electrical engineer, I agree, because we need more engineers in government and that's good 'cause, you know, to be an engineer, you have to study real hard. It doesn't come easy. You can be a Bohemian to become an engineer. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on FR.2? All right, City ofMiami Page 57 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 hearing none, seeing none, coming back this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. 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 -- Chair Sarnoff (UNINTELLIGIBLE) be `yes" on second reading too. Mr. Hannon: -- passes on first reading, 3-0. FR.3 ORDINANCE First Reading 13-01237 Office of Management AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), AMENDING THE MIAMI FIRE FIGHTERS' RELIEF AND PENSION FUND ESTABLISHED PURSUANT TO ORDINANCE NO. 6432, ADOPTED SEPTEMBER 2, 1959, AS SUBSEQUENTLY AMENDED, TO ENSURE CONFORMANCE WITH APPLICABLE LAWS INCLUDING CHAPTER 175, FLORIDA STATUTES, THE INTERNAL REVENUE CODE, AND THE PENSION PROTECTION ACT OF 2006; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-01237 Summary Form SR.pdf 13-01237 Legislation FR/SR.pdf 13-01237 Exhibit A 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 All right, FR.3. Christopher Rose: Good morning, Commissioners. Chris Rose, Office ofManagement & Budget. FR. 3 is a first reading for some ministerial changes to the FIPO (Firefighters & Police Officers) ordinance. You may remember, the union president asked about this a few meetings ago. It has been agreed upon between the City Attorney, the retirement funds counsel and our outside counsel. It has no fiscal impact. All it does is bring our ordinance into line with IRS (Internal Revenue Service) code of regulations. Chair Sarnoff All right, is there a motion? City ofMiami Page 58 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort; second by Commissioner Carollo. Mr. Suarez, you're recognized for the record. Robert Suarez: Robert Suarez, Miami Association of Firefighters. Just for a little clarification, it's not FIPO, but it's the Firefighters' Defined Contribution Plan. Vice Chair Gort: Right. Mr. Suarez: The -- our 175 fund which works together with FIPO. As you know, the past two years, we've worked with Budget and the Administration, and you approved to bring budgetary relief to the City in transferring funds out of this fund to reduce the City's pension contribution. At those times, we should have been making some compliance changes, but because of the budgetary process, we were in a hurry. Now this allows us to comply with IRS, the Pension Protection Act, Florida Statute 175, and we appreciate you helping us with this so the IRS doesn't give us a hard time. Chair Sarnoff All right, anyone else from the public wishing to be heard on FR.3, FR.3? Hearing none, seeing none, coming back to this Commission. Any discussion? Commissioner Carollo: Only thatl want a full briefing on this. I thinkl already requested that from the Administration. I will be voting "yes" on first reading and -- however, I do want follow-up from the Administration before second reading. Mr. Rose: Yes, sir. Commissioner Carollo: Thank you. Chair Sarnoff Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. FR.4 ORDINANCE First Reading 13-01313 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE VI, ENTITLED "UNSAFE STRUCTURES", BY PROVIDING FOR THE MAXIMUM STATUTORY INTEREST RATE; AMENDING THE ROLE OF THE CITY ATTORNEY'S OFFICE WITH THE UNSAFE STRUCTURE PANEL; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 13-01313 Memo - Office of the City Attorney SR.pdf 13-01313 Legislation SR (Version 2).pdf 13-01313-Submittal-Administration. pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 59 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones Chair Sarnoff FR.4. Victoria Mendez (City Attorney): This is a request from the City Attorney's Office in order to have an attorney assigned to the Unsafe Structures panel. At this time, the City Attorney's Office advises the panel, but sometimes assists the Administration in reviewing files, and in order to make sure that there is no conflict with regard to the role of the City Attorney's Office, it's requested that an attorney be assigned to the board. The board meets approximately six times a year, and that would be for a few hours at a rate of about 150 an hour. There is a fiscal impact, but unfortunately, it's something that I cannot control based on conflict and Florida Bar rules. The other amendment would be to change the interest rate to the statutory maximum instead of saying that it is 12 percent, because that fluctuates depending on the years. And also, something else to consider for the future, in order to have a minimal fiscal impact, would be to change the panel to an actual special master, and that would increase the cost totally, but that is a policy decision at that point. Right now, the change thatl am requesting is that the role of the City Attorney not be as prosecutor and advisor, but just as advisor to the board in order to have another attorney to handle the -- I'm sorry -- as prosecutor, not as advisor to the board. Chair Sarnoff Okay, is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Carollo. It's a public hearing. Anybody wishing to be heard on FR.4, 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 the City Attorney. ToddB. Hannon (City Clerk): Roll call on item FR.4. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes -- Mr. Hannon: The ordinance pass -- Chair Sarnoff -- on first reading. Mr. Hannon: -- passes on first reading, 3-0. FR.5 ORDINANCE 13-01306 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VII/SECTION 62-32 OF THE CODE OF THE CITY OF MIAMI, City ofMiami Page 60 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/SCHEDULE OF FEES", BY REMOVING THE $50.00 ADMINISTRATIVE FEE RELATED TO THE CERTIFICATE OF APPROPRIATENESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01306 Legislation FR/SR.pdf SPONSOR: HONORABLE MAYOR TOMAS REGALADO CO-SPONSOR: CHAIRMAN MARC D. SARNOFF Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Carollo Noes: 1 - Commissioner(s) Gort Absent: 2 - Commissioner(s) Suarez and Spence -Jones Chair Sarnoff FR.5. Commissioner Carollo: He must be following a smart person. Francisco Garcia (Director, Planning & Zoning): Mr. Chairman and Commissioners, Francisco Garcia -- Chair Sarnoff You're recognized for the record. Mr. Garcia: Thank you, sir. -- Planning & Zoning director. This is a request to strike the charge that we presently assign to certificates of appropriateness for historic districts, removing the fee to be paid for those. We find that, as it is, to have the extra review on those plans is typically enough of a burden, and we'd like to facilitate these processes by virtue of removing the fee for it. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo. Let me open a public hearing. Does anyone from the public wishing to be heard on FR.5, FR.5? Hearing none, seeing none, coming back to this Commission. Commissioner Carollo is recognized for the record. Commissioner Carollo: Mr. Director, Mr. Garcia, what's the total fiscal impact per year on the City? Mr. Garcia: We are advised that it's -- Commissioner Carollo: Approximate. Mr. Garcia: About -- rough number is 10,000. That has just been confirmed. Vice Chair Gort: What was it? Mr. Garcia: Ten thousand. City ofMiami Page 61 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: Ten thousand. I mean, relatively -- it's relatively small compared to the overall budget, but -- I mean, this first meeting -- well, first meeting since I got re-elected, we waived a $50, 000 fee. We are going -- I would suspect we're going to now pass this. That's going to reduce another $10, 000. We had a pocket item come right between our meeting, you know, so I just want to caution everyone, because I'm starting to get concerned. Now, believe me, I don't want to sound like I'm unsympathetic and that don't believe that these are good causes, but at the same time, I also think that Police, Fire, our general employees, Public Works, Solid Waste are also very important. So I just want to caution everyone that in my first meeting since I've been re-elected, I mean, within the first couple of hours, we've waived $50, 000 fee. We're now going to, you know, I would suspect, vote to reduce this. It's going to be 10,000, you know, dollars a year. And again, I just -- I'm seeing a pattern now, and I'm just cautioning everybody, because I don't think we should continue in this pattern. The waiver of the fee, by the way, and I'm sure you all know, I'm not -- I'm usually not a proponent of waiving fees, but I understand that recently, we've worked very close in hand with this other agency, andl do believe that governmental agencies should work together. We had a big issue that no one saw coming, or at least most people didn't see coming, and it was very important that they work with us, so I did believe that it was appropriate to waive the fee then. But again, I just want to caution everybody, because I'm seeing this trend, and I'm just hoping that it's not going to be a continuous trend, because I do believe that Police, Fire, andl could say all the other services that we provide are also very important. Chair Sarnoff And let me just say, I share Commissioner Carollo's concern, but we actually did the analysis as to what the service is with regard to the Florida Department of Health -- Vice Chair Gort: Sure. Chair Sarnoff -- were valued at versus the waiver of the fee, andl think it was either double the amount of money that they would be spending versus the $50, 000, so from a cost benefit analysis, I think the City net gained $50, 000. I do share your concern, though. You know, a pocket item, 10,000 here, 10,000 there, I do agree with you, and you can nickel and dime yourself to hundreds of thousands of dollars, so I do share that concern. With regard to this -- Vice Chair Gort: I agree with you, Commissioner Carollo, being on top of that always and financially responsible, but the reason I made the motion is because if you look at that corner before the new building was built there on 14th Avenue and 14th Street, it was a disaster area. They had a new building, which is a beautiful building. They did a lot of landscaping, andl know they're going to do additional landscaping, so that's why I voted for it. But my question is, What is the motive behind this? Mr. Garcia: Well, what we have found, Commissioner -- and certainly, the points are well taken -- is that to have the extra process of a certificate of appropriateness for historic areas, although necessary to maintain the quality -- Vice Chair Gort: Put the mike up, please. Mr. Garcia: I'm sorry, yes. So what we have found is that in order to maintain the quality of these historic districts, that extra review is necessary, quite frankly, so it adds value to the process. However, by virtue of assigning an additional fee, it serves as discouragement for many of the property owners to actually come in and pull the permit. So what would respond respectfully to your comments is that this can be seen as a way to encourage property owners in historic districts, and these tend to be higher -valued properties, generally, to come in, pull the permits; there is a revenue stream that is associated with that as well and, by the way, make sure that the quality of what is being done is good. So in the balance, we think it's a good proposal. City ofMiami Page 62 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff All right, you're recognized. Commissioner Carollo: Yeah. And by the way, everybody knows how much I respect Mr. Garcia, but something he said, "These are usually higher -valued properties." Usually higher -valued properties do not have a problem paying the fee, so -- Mr. Garcia: That is correct. Commissioner Carollo: I mean, you know -- andl want -- to a certain degree, I'm arguing different from what you're saying or I'm playing devil's advocate. You could say it one way or the other. But again, you can't have it both ways. If they want more historic or it would preclude someone -- but they're higher -valued properties; usually, they can pay the fee. So again, I'm just cautioning everybody because -- and like I said, I understood the $50, 000, and, like I said, you know, I'm working with them, I understood that, but this is coming in. It's not so much now this other 10,000. I'm starting to wonder, okay, how many more are coming? Because I think attorneys would say we're starting to set precedent, so that's where I want to caution everybody, because I don't want to go down this road of you know, waivers and reducing, you know, what's already there, only because I do believe that, you know, Fire, Police, and all the other services we provide are also very important. That's all. Chair Sarnoff All right. So, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item FR.5. Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: No. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on first reading, 2-1. Chair Sarnoff All right, let's take five minutes 'cause I -- we only have three Commissioners up here, and I'm going to take breaks every so often. Five-minute recess. END OF ORDINANCES - FIRST READINGS RESOLUTIONS RE.1 RESOLUTION 13-01239 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2013, FOR THE ELECTION OF MAYOR, COMMISSIONER DISTRICT 3, COMMISSIONER DISTRICT 5 AND THE REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 5, 2013. City ofMiami Page 63 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 13-01239 Unofficial Results.pdf 13-01239 Official Results.pdf 13-01239-Exhibit-S U B. pdf Motion by Commissioner Carollo, 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 Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0450 Chair Sarnoff All right, RE.1. Todd B. Hannon (City Clerk): Good morning, Commissioners. RE.1 is a resolution officially accepting the City Clerk's certification of the canvass and declaration of the results of the City of Miami general municipal election held on November 5, 2013 for the election of Mayor, Commissioner District 3, Commissioner District 5, and the referendum special election held on November 5, 2013. And Commissioners, for the record, I am submitting into the record the certification and declaration of results. Commissioner Carollo: Move it. Chair Sarnoff We have a motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.2 RESOLUTION 13-01244 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ELECTING AND REAPPOINTING TODD B. HANNON AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; APPROVING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY CLERK TODD B. HANNON. RE.3 13-01100 13-01244 Legislation.pdf 13-01244 Attachment No. 1.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.2 was continued to the December 12, 2013, Regular Commission Meeting. RESOLUTION City ofMiami Page 64 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING GRANT Fire -Rescue FUNDS, IN THE AMOUNT OF $238,000.00, CONSISTING OF A GRANT AWARDED FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), ENTITLED: "EMS MATCHING GRANT AWARD-M2035-FISCAL YEAR 2012", WITH THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED, $79,333.00, FOR A TOTAL AMOUNT OF $317,333.00, FOR THE PERIOD BEGINNING JUNE 14, 2013 THROUGH JUNE 30, 2014; ALLOCATING THE CITY'S MATCHING FUNDS FROM CAPITAL ACCOUNT NO. 32000.181000.896000.0000.00000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT, IMPLEMENT AND COMPLY WITH SAID GRANT. 13-01100 Summary Form.pdf 13-01100 Grant Letter.pdf 13-01100 Grant Application.pdf 13-01100 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-13-0451 Chair Sarnoff RE.3. Maurice Kemp: Good morning. Maurice Kemp, Fire Chief. RE.3 is a resolution of the Miami City Commission accepting grant funds in the amount of $238, 000, consisting of a grant award from the State of Florida Department of Health, Bureau of EMS (Emergency Medical Services), and it includes a match of $79,333, for a total amount of 317, 333. 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? Recognized for the record. Vice Chair Gort: Could you put in the record what kind of equipment you can purchase with those funds? Chief Kemp: Yes, sir. These funds will be used to replace current cardiac monitors. They're nearing end of life. The total purchase will cost about $800, 000. This is a good start towards something we need to do anyway. Vice Chair Gort: Thank you. Chief Kemp: Thank you. Chair Sarnoff All in favor, please say aye. City ofMiami Page 65 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.4 RESOLUTION 13-01247 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND PINNACLE GROUP INTERNATIONAL, LLC., FOR THE PURPOSE OF GRANTING ACCESS TO CERTAIN CITY -OWNED PROPERTY SITUATED NEAR BRICKELL KEY SHOAL WITHIN BISCAYNE BAY, MIAMI, FLORIDA, TO PERFORM THE WORK SPECIFIED HEREIN, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 13-01247 Summary Form.pdf 13-01247 Legislation.pdf 13-01247 Exhibit.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-13-0452 Chair Sarnoff RE.4. Henry Torre: RE.4. Good morning, Commissioners. Henry Torre, director of Public Facilities. RE.4 is a resolution granting access to Pinnacle Group International on City -owned property situated near Brickell Key Shoal within Biscayne Bay, Miami, Florida. Chair Sarnoff All right, is there a motion? Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Public -- it's not a public hearing, but somebody has requested to speak on RE.4. Is it --? All right, so RE.4, is Azaya (phonetic) Mosley here? Is Janice Taylor here? Do you wish to speak on this item? Okay. All right, so RE.4, we have a motion; we have a second. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 13-01077 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION City ofMiami Page 66 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 369316, THAT THE PROPOSER, NAI MIAMI, IS RESPONSIVE TO THE RFP REQUIREMENTS FOR THE PROVISION OF REAL ESTATE LEASING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NAI MIAMI, FORA PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01077 Summary Form.pdf 13-01077 Memo - Recommendation of Evaluation Comm..pdf 13-01077 RFP Master Evaluation Form.pdf 13-01077 Legislation.pdf 13-01077 Exhibit.pdf Motion by Commissioner Carollo, 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 Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0453 Chair Sarnoff RE. 5. Henry Torre (Director, Public Facilities): RE. 5, Commissioners, is a resolution accepting the recommendation of the City Manager approving the findings of the evaluation committee, pursuant to Request for Proposals 369316, to provide real estate leasing services; further authorizing the City Manager to execute a professional services agreement with NAI Miami for a one-year period with option to renew for four additional one-year periods. Commissioner Carollo: Move it; discussion. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner -- Vice Chair Gort: Second. Chair Sarnoff -- Gort. Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you. My amendment would be that after the one year, any additional years comes back to this City Commission for approval, and that after the first year or within the first year, it comes back to this City Commission for approval of any additional years within the time period that we could go to RFP (Request for Proposals) again, should this Commission decide to go to RFP again. Mr. Torre: Commissioner, I don't have any objection to that. The only thing do want to do, and perhaps defer to Ken, I'm -- he can let us know exactly what the process would be, how many months that would take. Kenneth Robertson: Good morning, Commissioners. Kenneth Robertson, Procurement director. We could do that within the first year of the contract term. We would be bringing the renewal item back in approximately six months, because we would want to allow a time frame of at least three to six months to reprocure, should that be the desire of the Commission. Commissioner Carollo: Sure. City ofMiami Page 67 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: And this is specific for? Mr. Torre: This is for the Marlins Garage Retail. Vice Chair Gort: Okay. Chair Sarnoff All right, we have a motion; we have a second. Any further discussion? Hearing none, all in favor, please say "aye. The Commission (Collectively): Aye. RE.6 RESOLUTION 13-00774 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED, THE DONATION OF TWO (2) PARCELS OF LAND LOCATED AT 7890 NORTHEAST BAYSHORE COURT AND 7889 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOLIO NUMBERS 01-3208-008-0520 AND 01-3208-008-0530 COLLECTIVELY ("PROPERTY"), FROM UPPER EAST SIDE MIAMI, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTOR") TO THE CITY OF MIAMI ("CITY") AND THE GRANTOR WILL COVER ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 13-00774 Summary Form.pdf 13-00774 Legislation.pdf 13-00774 Exhibits.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-13-0454 Note for the Record: Please see Item RE.7 for minutes referencing Item RE.6 Chair Sarnoff RE.6. Henry Torre (Director, Public Facilities): Commissioners, RE.6 and 7 are companion items. RE.6 is a resolution accepting properties to be conveyed to the City ofMiami by Upper East Side Miami, LLC (Limited Liability Corporation), located at 7890 Northeast Bayshore Court and 7889 North Bayshore Drive. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Second -- City ofMiami Page 68 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: Second. Chair Sarnoff -- by Commissioner Carollo. Commissioner Carollo: And I'm sorry, Mr. Chairman, I just want to make sure that the last -- RE.5 was as amended -- Mr. Torre: Yes. Commissioner Carollo: -- and we passed it. Mr. Torre: Yes. Commissioner Carollo: So I just want -- ToddB. Hannon (City Clerk): Yes (UNINTELLIGIBLE). Chair Sarnoff Okay. Commissioner Carollo: -- Confirm. Chair Sarnoff All right. Iris Escarra: Yes. Chair Sarnoff So RE. 6 and 7, we have a person that wants to speak; Iris Escarra. Ms. Escarra: Good afternoon, Chairman, Commissioners. Iris Escarra with offices at 333 Avenue of the Americas. The deed before you today is actually many years in the making. It was actually part of Oasis on Biscayne Bay Park that was actually approved back in 2008. The current owners, the Adler Group -- and I'm joined today by David Adler -- are deeding to the City the commitment that we had in connection with the road closure, which is a park across the street. Chair Sarnoff All right. I understand David Adler wishes to speak. No? Okay. Ms. Escarra: Unless you have any questions, no. Chair Sarnoff No, no questions, I don't think. Any discussion? Hearing no discussion then on RE. 6, all in favor, please say "aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 13-00775 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND UPPER EAST SIDE MIAMI, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LICENSEE"), FOR THE USE OF TWO (2) PARCELS OF LAND LOCATED AT 7890 NORTHEAST BAYSHORE COURT AND 7889 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOLIO NUMBERS 01-3208-008-0520 AND 01-3208-008-0530, RESPECTIVELY (COLLECTIVELY, "PROPERTY"), TO BE USED AS A City ofMiami Page 69 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 CONSTRUCTION STAGING SITE, FOR THE STORAGE OF MATERIALS AND VEHICULAR PARKING, IN CONNECTION WITH THE CONSTRUCTION OF THE OASIS CONDO PROJECT, AND LICENSEE WILL PAYA USE FEE OF ONE DOLLAR ($1.00) IN EXCHANGE FOR LICENSEE'S LAND CONVEYANCE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH LICENSE AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 13-00775 Summary Form.pdf 13-00775 Legislation (Version 2).pdf 13-00775 Exhibit A (Version 2). 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-13-0455 Note for the Record: Please see Item RE. 6 for minutes referencing Item RE.7 Chair Sarnoff Okay, RE.7. Henry Torre (Director, Public Facilities): RE.7, Commissioner, is a resolution authorizing the City Manager to execute a revocable license -- excuse me -- between the City ofMiami and Upper East Side, LLC (Limited Liability Corporation) for the use of those two parcels as a staging area. Vice Chair Gort: Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.8 RESOLUTION 13-01277 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW FIRM OF ALLEN NORTON AND BLUE, P.A., AS OUTSIDE CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF MATTHEW HALL VS. CITY OF MIAMI, PENDING BEFORE THE FEDERAL MEDIATION AND CONCILIATION SERVICE, GRIEVANCE NO. 12-13; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 13-01277 Memo - Office of the City Attorney. pdf 13-01277 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 70 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0456 Chair Sarnoff Okay, RE.8. Victoria Mendez (City Attorney): Commissioners, this is the request of the City Attorney's Office to retain conflict counsel in the case of Matthew Hall versus City ofMiami. In this case, the City is requesting conflict counsel for mediation services in a grievance due to a conflict. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: Second. Chair Sarnoff Motion by Commissioner Gort; second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.9 RESOLUTION 13-01278 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW FIRM OF ALLEN NORTON AND BLUE, P.A., AS OUTSIDE CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF SABINE RAYMONVIL VS. CITY OF MIAMI, PENDING BEFORE THE CITY OF MIAMI CIVIL SERVICE BOARD, CASE NO. 13-16D; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 13-01278 Memo - Office of the City Attorney. pdf 13-01278 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-13-0457 Chair Sarnoff RE.9. Victoria Mendez (City Attorney): RE.9, Commissioners, this is also the retention of conflict counsel in the case of Sabine Raymonvil versus the City ofMiami, and the CityAttorney's Office needs conflict counsel for the case that is before the Civil Service Board. Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Carollo: Second. City ofMiami Page 71 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 13-01300 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW FIRM OF ALLEN NORTON AND BLUE, P.A., AS OUTSIDE CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF JEANPAUL GUILLOT VS. CITY OF MIAMI, PENDING BEFORE THE CITY OF MIAMI CIVIL SERVICE BOARD, CASE NO. 13-32D; ALLOCATING FUNDS FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 13-01300 Memo - Office of the City Attorney. pdf 13-01300 Legislation. 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-13-0458 Chair Sarnoff RE.10. Victoria Mendez (City Attorney): And the last request of conflict counsel for today is the -- in the case of.feanpaul Guillot versus the City ofMiami, also a Civil Service case, and the City is requesting conflict counsel for this case. Chair Sarnoff Is there a motion? Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort. Vice Chair Gort: Second. Can we hear an opinion from the high-powered attorney? Chair Sarnoff Is the -- Vice Chair Gort: You. Chair Sarnoff -- high-powered attorneys -- Vice Chair Gort: You. Chair Sarnoff -- here? Where are they? Where is Allen Blue? Come on, we need conflict counsel. We have a conflict; we need counsel, right? Isn't that about it, Ms. Mendez? Ms. Mendez: Yes. Unfortunately, it's nothing thatl can control. It's based on the Florida Bar rules. It is to protect our office and the client -- I mean, and the City -- City ofMiami Page 72 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 RE.11 13-01281 Department of Capital Improvements Program Chair Sarnoff Okay. Ms. Mendez: -- as the client. Vice Chair Gort: But I think it's important that you explain so the people listening and viewing this meeting understand the reason why it's being done. Ms. Mendez: Yes. Basically -- Vice Chair Gort: I mean, we understand; you briefed us and all that, but it's important for the people to know also. Ms. Mendez: -- the situation arises that under the Florida Bar rules, the City Attorney cannot represent a person and prosecute that same person, and for these reasons, in these cases, the City Attorney's Office needs to be conflicted out of the lesser case. Vice Chair Gort: Thank you. Chair Sarnoff Okay. All right, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL MASTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO PROVIDE UTILITY WORK FOR THE COUNTY, ESTABLISHING THE PROCEDURE FOR THE PERFORMANCE AND REIMBURSEMENT OF THE UTILITY WORK, INCLUDING THE UTILITY DESIGN WORK TO BE PERFORMED AND THE UTILITY CONSTRUCTION WORK TO BE CARRIED OUT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL JOINT PARTICIPATION AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM AS "EXHIBIT A", WITHOUT REQUIRING FURTHER CITY COMMISSION APPROVAL. 13-01281 Summary Form.pdf 13-01281 Legislation.pdf 13-01281 Exhibits.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-13-0469 Chair Sarnoff Okay, RE.11. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.11 is a resolution for an interlocal master agreement with Miami -Dade Water & Sewer. This agreement will help us coordinate CIP (Capital Improvements Program) projects with Miami -Dade Water & Sewer and allow us to install water and sewer lines together with our capital projects and have them funded by Miami -Dade Water & Sewer. City ofMiami Page 73 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff All right, do we have a motion? Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Since this deals with Water and Sewer, can we just table it also so we take all the Water and Sewer issues together? Is that an issue? Chair Sarnoff No problem. Commissioner Carollo: No. Chair Sarnoff So we'll table this until we take up -- Commissioner Carollo: Yeah, the other items with the water -- the pump station and -- Chair Sarnoff Right, PH. 4. Commissioner Carollo: Yeah. Chair Sarnoff PH.2, excuse me. Commissioner Carollo: We'll take them all at the same time. Chair Sarnoff Okay. Commissioner Carollo: Thank you. Later... Chair Sarnoff All right, and you still want to be -- no, I'm sorry. You have PH (Public Hearing) -- Commissioner Carollo: Right. Chair Sarnoff -- RE.11. Commissioner Carollo: RE.11. Chair Sarnoff Mr. Manager, RE.11. Vice Chair Gort: Did we voted on this? Chair Sarnoff Not on RE.11. Commissioner Carollo: RE.11. Alice Bravo (Assistant City Manager/Chief of Infrastructure): RE.11 -- Chair Sarnoff Is one we've been waiting on. Ms. Bravo: -- is an interlocal agreement with Miami -Dade County. This is an instrument that FDOT (Florida Department of Transportation) has in place. Up to now, when we're planning a City ofMiami Page 74 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 roadway project, WASA (Water & Sewer Authority) has to coordinate improvements to their facilities as one project, and then we come later with our roadway project, so this will allow WASA to provide us the funding so that our contractor will do their infrastructure work and the roadway work at the same time, so one maintenance of traffic. Chair Sarnoff Okay, is there a motion? Vice Chair Gort: Move it. Commissioner Carollo: Second. Discussion. Chair Sarnoff Motion by Commissioner Gort; second by Commissioner Carollo. Commissioner Carollo recognized for the record. Commissioner Carollo: Thank you. And I wanted to add to what was said, and even put it for the record and make sure everyone understands. This will not slow down any City projects, correct? Ms. Bravo: The purpose of this is to accelerate the projects. Commissioner Carollo: To accelerate the project. But at the same time, work hand in hand with Water & Sewer so that we don't do a project and then, two months down the line, they come and they do the project and just tear up the streets that we just fixed and so forth; correct? Ms. Bravo: Correct. Commissioner Carollo: In that way, we will have meetings with them -- and l forgot what was the time frame -- but meetings with them to make sure that any projects or -- in November -- every November we will show what our two-year plan is so that we could coordinate with them, various meetings, in order to make sure that we're on the same page and that work is not duplicated, like I mentioned before; that we do a project and then two months later, they come and tear up the street again. Ms. Bravo: Correct. And the goal is to minimize impact to the public. Commissioner Carollo: And this will not have any additional expense or funding -- Ms. Bravo: No. Commissioner Carollo: -- other than work that we agreed with WASA, correct? Ms. Bravo: Correct. Commissioner Carollo: Okay. One thing that concerns me whenever I see that no other -- 'further Commission action is necessary," that always worries me a little bit, so how long would this be in place without the Commission being able to see --? It's -- some -- it stipulates that once we approve this, there is no further Commission action, so I just want to make sure that -- Vice Chair Gort: Let me tell you my experience. We approve this, and if we have any problem within my neighborhood in the district, I'm sure going to bring it right back. Commissioner Carollo: Okay. Vice Chair Gort: And I'm glad this is taking place, because right now we -- in Allapattah, we are going through some infrastructure improvement, we build a lot of new streets, and we have the City ofMiami Page 75 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 same problem now. So this is going to be very helpful to everyone. Ms. Bravo: IfI can add, when we have an individual agreement for a project where WASA's going to provide us funds for the infrastructure work, we can notify the Commission of each one of those, but -- Eduardo Vega: But -- no, just to clam this, the agreement will not be into effect until we take it in front of our own Commission, and we are planning to do that in January next year. So once it gets approved by our own Commission, we're going to have like a -- we call it a "massive agreement." This is the same type of agreement that exists between Miami -Dade, Water & Sewer, and the Florida Department of Transportation. Vice Chair Gort: And that would have to come back to us. Mr. Vega: No, it don't -- Vice Chair Gort: It has the agreement -- Mr. Vega: -- it won't. Vice Chair Gort: No? Okay. Mr. Vega: It won't. It won't. Ms. Bravo: All right. Individual project agreements won't come back to the Commission, but we can certainly notifi, the Commission as we enter into one and, through e-mail (electronic) distribution, provide a report. Chair Sarnoff Thought the whole point of this was so that everybody gets coordinated with regard to if we're going to open up a street, we only open it up once. Vice Chair Gort: Once. Ms. Bravo: Right. The public sees a single project -- Chair Sarnoff Right. Ms. Bravo: -- instead of a WASA project followed by a City project. Chair Sarnoff So if WASA were going to be doing a Water & Sewer project and we were going to do a street pavement project, we would coordinate and have only one project done? Ms. Bravo: Correct. Chair Sarnoff Something) was told almost five years ago we were doing. Ms. Bravo: Well, with -- this agreement needed to be put in place before that could happen. Chair Sarnoff Okay. So I don't understand, "coming back to the Commission," what the issue is. Ms. Bravo: Well, now under this master agreement -- Chair Sarnoff Right. City ofMiami Page 76 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Bravo: -- let's say we plan a project for a certain street -- Chair Sarnoff Right. Ms. Bravo: -- then we'll work out, you know, what plans WASA had for that street for their infrastructure. They'll say, if we were planning to spend, say, $50, 000 on improvements, they will transfer those funds to us -- Chair Sarnoff Right. Ms. Bravo: -- and we'll have one project that includes that in the scope of work. Chair Sarnoff So -- Ms. Bravo: So -- Chair Sarnoff -- Commissioner Carollojust did 17th -- you did 17th and -- Commissioner Carollo: It was 17th, but that was different. That was -- Chair Sarnoff Oh, that was a joint project. Commissioner Carollo: That was a joint project between the City and the County. Chair Sarnoff But I guess the point is because this agreement wasn't in place, in theory, WASA could come back in a year's time and say, "Oh, by the way, we have to do a water project." Mr. Vega: Right. Ms. Bravo: Or WASA would have done a water project, and the pavement project would have had to be delayed a year so that the WASA's contractor could come in first, put in new pipes, patch it all up, and then our contractor would come to do the road work. Chair Sarnoff Isn't all this is is a forced coordination of five year plans? Ms. Bravo: This is, again, creating -- right now WASA's contractor does a project, improves the pipes. They schedule that ahead of our project, so oftentimes, our project has to be delayed. Mr. Vega: Yeah. Ms. Bravo: And then we come with a second project, a second maintenance of traffic, a second interruption to the public, and then come and do our roadway work. So now, in the future, after this master agreement's in place, then we'll have individual JPAs (Joint Participation Agreements) for projects that wouldn't have to come Commission, by which WASA gives us the funding and now instead of two separate projects, like two separate contractors, one contractor would go out -- Johnny Martinez (City Manager): Mr. Chair. Ms. Bravo: -- and build the infrastructure and then the pavement. Chair Sarnoff Go ahead, Mr. Manager. Mr. Martinez: Excuse the pun, but we're not breaking new ground. We did this very successfully atFDOT, in conjunction with WASA. City ofMiami Page 77 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff All it is to me is forced coordination of five year plans. Mr. Martinez: Yes, it -- yeah, and when we do our CIP (Capital Improvement Projects) plan, we'll annotate and tell you -- Chair Sarnoff Right. Mr. Martinez: -- it include the -- this estimate includes the WASA work. Chair Sarnoff Okay. Mr. Martinez: But we only hit the public once; one maintenance of traffic for the whole thing. Commissioner Carollo: And my point was I wanted some type of communications back to the Commission so when you say -- Mr. Martinez: Through the CIP plan, we'll annotate it and say "this project includes the WASA work, per the master agreement that we're doing." Commissioner Carollo: Understood. And before you get into any joint participation agreement Mr. Martinez: We'll coordinate with the district Commissioner. Commissioner Carollo: -- you will coordinate with the district Commissioner, okay. And then each joint participation agreement will be on a case -by -case basis, project by project, correct? Mr. Martinez: Right. Ms. Bravo: Correct. Mr. Martinez: Correct. Commissioner Carollo: Okay. Chair Sarnoff All right, so RE. 11, all in favor then, please say "aye. " The Commission (Collectively): Aye. Mr. Vega: Thank you. RE.12 RESOLUTION 13-01251 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS and Budget TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2013. 13-01251 Summary Form.pdf 13-01251 Memo -Year End Amendment. pdf 13-01251 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 78 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0459 Chair Sarnoff All right, RE. 12. Christopher Rose: Good morning, Commissioners. Chris Rose, Office ofManagement and Budget. RE. 12 is the year-end budget amendment. This is the earliest we've brought it to you in several years. It's been normally later on in the year, but since we've closed the books, we've got it all in place. The details are in the item, and I'm scrolling there now; give me just a moment. They're largely ministerial, and they've been things that we've been telling you about for the last several months, each month in the budget process. The first two are amendments that we're requesting for 175 and 185 money, which are pass -through from the State. We recognize them at the end of each year. Next up is Civil Service, and a small amount; was also something we've been telling you about. There's an amendment for Capital Improvements associated with red-light cameras and payments to the vendor. Parks and Information Technology are all associated with cost accounting that was applied to the department, not actual expenditures associated with those departments. Solid Waste is due to higher -than -expected tipping fees: payment to the County for waste disposal and then two special revenue funds, one debt service and one grant. Just so you know, we have finished last year. We've closed the books last time I was here, and I've got another item coming for the monthly budget report, but I can hit it now. We closed last year with a surplus of 17 and a half million. The books are closed, but the audit is ongoing, so I still have to say these are unaudited numbers. That's going to bring our -- inside that is the $2 million associated with the Fraternal Order of Police that will likely be coming before you in the near future. That would bring our fund balance from 57 and a half up to 75 million with all that. So I'll entertain any questions you may have on this item. Chair Sarnoff Then that is a -- this has to be a resolution, so is there a motion? Commissioner Carollo: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.13 RESOLUTION 13-01282 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED APRIL 30, 2013, PURSUANT TO INVITATION FOR BIDS NO. 12-13-033, FROM H & R PAVING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE PAVEMENT RESURFACING CONTRACT, M-0098", IN AN ANNUAL AMOUNT NOT TO EXCEED $1,201,812.00, WITH FOUR (4) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,201,812.00; ALLOCATING SAID FUNDS, FROM THE PUBLIC WORKS DEPARTMENT AND CAPITAL IMPROVEMENT PROGRAM SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO City ofMiami Page 79 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTORS PERFORMANCE. 13-01282 Summary Form.pdf 13-01282 Legislation.pdf 13-01282 Exhibit.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-13-0467 Chair Sarnoff Okay, RE.13. Christopher Rose (Director, Office of Management & Budget): Thank you. Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry Ihekwaba. RE.13 is a resolution to award a contract to H&R Paving for a one-year period, in an annual amount not to exceed $1, 201, 812, for the project entitled "Citywide Pavement Resurfacing Contract, M-0098 "; further authorizing four additional one-year options to renew in the same amount, subject to availability of funding and contractor's performance. Now, this is a push-button contract that has been put together, subsequent to a citywide street audit conducted by staff to identf and categorize the pavement conditions of City streets according to the condition of severity, and most of those will quali for street resurfacing. This contract is subject to use by both Public Works and CIP (Capital Improvement Projects) in order to expedite all pavement resurfacing contracts citywide. It's not fully funded as of today, which is available for mid -year budgetary amendment and further CIP appropriations. Any question? Chair Sarnoff Any Commissioners have any --? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by -- Commissioner Carollo: Second. Chair Sarnoff -- Commissioner Gort; second by Commissioner Carollo. Hearing -- any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RE.14 RESOLUTION 13-01227 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 272271, THAT VAN WAGNER MIAMI, LLC IS RESPONSIVE TO THE RFP FOR THE PROVISION OF TROLLEY ADVERTISEMENT PROGRAM SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH VAN WAGNER MIAMI, LLC, FOR SAID PURPOSE, FORA PERIOD OF TWO (2) YEARS, WITH OPTIONS TO City ofMiami Page 80 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS. 13-01227 Summary Form.pdf 13-01227 Trolley Revenue.pdf 13-01227 Daily Trolley Inventory.pdf 13-01227 Memo -Recommendation of Eval. Comm..pdf 13-01227 RFP Eval. Comm. Summary Sheet.pdf 13-01227 Corporation Detail.pdf 13-01227 Legislation.pdf 13-01227 Exhibits.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.14 was continued to the December 12, 2013, Regular Commission Meeting. RE.15 RESOLUTION 13-01078 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ('RFP") NO. 369325 FOR THE PROVISION OF A GROUP BENEFIT HEALTH PLAN, THAT CIGNA HEALTH AND LIFE INSURANCE CO., IS THE TOP -RANKED FIRM, FOR THE DEPARTMENT OF RISK MANAGEMENT("RISK MANAGEMENT"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE TOP -RANKED FIRM, CIGNA HEALTH AND LIFE INSURANCE CO., FOR RISK MANAGEMENT, FORA PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL THREE (3) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -RANKED FIRM, UNITED HEALTHCARE SERVICES, INC., FORA PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL THREE (3) 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; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND -RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 13-01078 Summary Form.pdf 13-01078 Memo -Recommendation of Eval. Comm..pdf 13-01078 RFP Evaluation Sheets.pdf 13-01078 Legislation.pdf 13-01078 Exhibit.pdf City ofMiami Page 81 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 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-13-0460 Chair Sarnoff All right, RE.15. Calvin Ellis: Good morning, Commissioners. Calvin Ellis, director of Risk Management. RE.15 regards the administration of the City's group benefits program. RE.15 is a resolution of the Miami City Commission accepting the recommendation of the City Manager approving the findings of the evaluation committee for RFP (Request for Proposals) Number 369325 for the provision of a group benefits health plan that identifies Cigna Health and Life Insurance Company as the top -ranked firm. It also authorizes the City Manager to negotiate and execute a professional services agreement. Should negotiations fail with the top -ranked firm to negotiate and execute a PSA (Professional Services Agreement) with the second -ranked firm, United Healthcare Services, for initial period of five years, with the option to renew for two additional periods of three years each. Chair Sarnoff All right, is there -- Vice Chair Gort: Move it. Chair Sarnoff -- 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. Todd B. Hannon (City Clerk): And Chair, excuse me. Just for the record, the agreement was distributed physically with the agenda; however, it was not published on the web, so I just wanted to place this item into the record. Chair Sarnoff Okay. Mr. Ellis: Thank you. Chair Sarnoff It looks like we are up -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: Any reason that it was not published in the web? Mr. Ellis: There was a request by the City Attorney's Office to include a definition of the term -- some of the terms, like "runoff " to fully define that term. While it is defined in the RFP response City ofMiami Page 82 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 BC.1 13-01134 and in the administrative services document, it was not defined in the contract, so we're adding that into the contract. Commissioner Carollo: Okay, but -- so that was a clause? Was that a clause? Was that a section? Was that a sentence? Mr. Ellis: Yeah, it was a definition that was referred to in the default terms. Commissioner Carollo: Okay, so for that one clause, one definition, I don't think it should have precluded the whole document from being, you know, on the web. I think we need to be transparent, and we should show all of our residents, whoever wants to be able to look it up, exactly what we have. So I really hope that in the future, it does not happen again, because it's part of being transparent, and don't want the perception that, for some reason, they didn't want this document being on the web. Mr. Ellis: We will make sure that the correct amended document is reflected. Commissioner Carollo: Thank you. And that whole document will be placed in the web? Mr. Ellis: Yes, sir. Commissioner Carollo: Thank you. Mr. Ellis: Thank you. Chair Sarnoff All right, we took a vote, right? Commissioner Carollo: Yes. Chair Sarnoff Okay. RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eliana Ramos Vice Chair Wifredo (Willy) Gort 13-01134Arts CCMemo.pdf 13-01134 Arts Current_Board_Members.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones City ofMiami Page 83 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 R-13-0461 Chair Sarnoff Okay, Department of IT (Information Technology), with some enthusiasm and some chutzpah, as we say. Vice Chair Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Gort: If I may, I have an appointment for the Arts and Council. Chair Sarnoff Let's go back -- Vice Chair Gort: The board. Chair Sarnoff Arts and Entertainment Council? Vice Chair Gort: Yes. Chair Sarnoff Can we go back to that, Mr. Hannon? Nicole N. Ewan (Assistant City Clerk): Yes, Chair. Chair Sarnoff I will -- this will not count towards your time, I promise you. Ms. Ewan: Thankyou, Chair. Vice Chair Gort: Right. It was my mistake, so it's not your time. Chair Sarnoff And Commissioner Gort will be buying lunch for you exclusively for this mistake. Vice Chair Gort: Right. Ms. Ewan: Okay, thank you. Vice Chair Gort: Art [sic] and Council, Ileana Ramos. Commissioner Carollo: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Ms. Ewan: Thank you. That concludes -- Vice Chair Gort: Thank you. Chair Sarnoff I'll make sure that you collect, okay? Ms. Ewan: Thankyou, Chair. BC.2 RESOLUTION 13-01242 City ofMiami Page 84 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 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 13-01243 Office of the City Clerk BC.4 13-00501 APPOINTEE: NOMINATED BY: Chair Marc David Sarnoff 13-01242 Audit CCMemo.pdf 13-01242 Audit Current_Board_Members. pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.2 was continued to the December 12, 2013, Regular Commission Meeting. 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 13-01243 Bayfront CCMemo.pdf 13-01243 Bayfront Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.3 was continued to the December 12, 2013, Regular Commission Meeting. RESOLUTION 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. APPOINTEE: NOMINATED BY: Commission -At -Large City ofMiami Page 85 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 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 Note for the Record: Per Miami City Code Section 2-33(k), Item BC.4 was continued to the December 12, 2013, Regular Commission Meeting. BC.5 RESOLUTION 13-01136 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Adam Gersten Chair Marc David Sarnoff 13-01136 CEB CCMemo.pdf 13-01136 CEB 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-13-0462 Chair Sarnoff All right, we are now up to boards. Commissioner Carollo: Boards. Let's knock 'em out. Chair Sarnoff Mr. Hannon. Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. Chair Sarnoff What's our time frame? Ms. Ewan: Two minutes. Chair Sarnoff All right. Wait a minute. Vice Chair Gort: Wait a minute, wait a minute. I (UNINTELLIGIBLE) -- Commissioner Carollo: No, we have timed it. Chair Sarnoff She's beat me before. Commissioner Carollo: Yeah, but we have time this time. Chair Sarnoff I know, but it's just fun to watch her go. City ofMiami Page 86 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Ewan: Thank you. Chair Sarnoff All right, you're recognized. Ms. Ewan: Thank you. BC.5, Code Enforcement Board, Chair Sarnoff will be appointing Adam Gerstein. Chair Sarnoff Is there a motion? Commissioner Carollo: Motion. Chair Sarnoff Thank you. Is there a second? Commissioner Carollo: Or move it. Chair Sarnoff Say "second. " Vice Chair Gort: Second. Chair Sarnoff All right. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.6 RESOLUTION 13-01298 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: Adriana Oliva Commissioner Francis Suarez 13-01298 CRB CCMemo.pdf 13-01298 CRB Current_Board_Members.pdf 13-01298 CRB Memo and Resumes.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-13-0463 Nicole N. Ewan (Assistant City Clerk): BC.6, Community Relations Board, Commissioner Suarez has requested to appoint Adriana Oliva. Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Gort. All City ofMiami Page 87 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 in favor, please say "aye. " The Commission (Collectively): Aye. BC.7 RESOLUTION 13-01245 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. BC.8 13-01246 APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Chair Marc David Sarnoff Commissioner Frank Carollo 13-01245 CSW CCMemo.pdf 13-01245 CSW Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.7 was continued to the December 12, 2013, Regular Commission Meeting. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo 13-01246 CTAB CCMemo.pdf 13-01246 CTAB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.8 was continued to the December 12, 2013, Regular Commission Meeting. BC.9 RESOLUTION 13-01248 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 88 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff City Manager Johnny Martinez (Ex-Officio Non Voting Youth Member) 13-01248 EAB CCMemo.pdf 13-01248 EAB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.9 was continued to the December 12, 2013, Regular Commission Meeting. BC.10 RESOLUTION 13-01249 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 FOP IAFF AFSCME 871 13-01249 EOAB CCMemo.pdf 13-01249 EOAB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.10 was continued to the December 12, 2013, Regular Commission Meeting. BC.11 RESOLUTION 13-01250 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 89 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo 13-01250 Finance CCMemo.pdf 13-01250 Finance Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.11 was continued to the December 12, 2013, Regular Commission Meeting. BC.12 RESOLUTION 13-01140 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Albena Sumner Mayor Tomas Regalado 13-01140 Homeland CCMemo.pdf 13-01140 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-13-0464 Nicole N. Ewan (Assistant City Clerk): BC.12, Homeland Defense/Neighborhoodlmprovement Bond Program Oversight Board, Mayor Regalado will be appointing Albena Sumner. 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.13 RESOLUTION 13-01252 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S City ofMiami Page 90 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Armando Rodriguez Mayor Tomas Regalado Barry Johnson Mayor Tomas Regalado Jose Fuentes Mayor Tomas Regalado 13-01252 MIC CCMemo.pdf 13-01252 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-13-0465 Nicole N. Ewan (Assistant City Clerk): Mayor's International Council, Mayor Regalado will be appointing Armando Rodriguez, Barry Johnson, and Jose Fuentes. Chair Sarnoff I'm sorry, which one is this? Ms. Ewan: Mayor's International Council. Vice Chair Gort: Mayor's -- Commissioner Carollo: Which -- what's the item, BC (Boards and Committees) --? Ms. Ewan: BC. 13. Commissioner Carollo: There you go. Chair Sarnoff All right, is there a motion? 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.14 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. City ofMiami Page 91 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 APPOINTEES: NOMINATED BY: Chair Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 13-00504 MSEACCMemo.pdf 13-00504 MSEA Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.14 was continued to the December 12, 2013, Regular Commission Meeting. BC.15 RESOLUTION 13-01142 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. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 13-01142 PRAB CCMemo.pdf 13-01142 PRAB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.15 was continued to the December 12, 2013, Regular Commission Meeting. BC.16 RESOLUTION 13-00373 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. 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 City ofMiami Page 92 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 BC.17 13-01143 Office of the City Clerk 13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.16 was continued to the December 12, 2013, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lucia Perez Mayor Tomas Regalado 13-01143 WAB CCMemo.pdf 13-01143 WAB 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-13-0466 Nicole N. Ewan (Assistant City Clerk): BC.17, Waterfront Advisory Board, Mayor Regalado will be appointing Lucia Perez. 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. Ms. Ewan: And that concludes your board and committees. Thank you. Chair Sarnoff One minute and five seconds. Commissioner Carollo: There you go. Chair Sarnoff We'll be taking you to lunch at your choice. Ms. Ewan: Thank you, Chair. END OF BOARDS AND COMMITTEES City ofMiami Page 93 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 BUDGET BI.1 DISCUSSION ITEM 13-01240 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET 13-01240 Summary Form.pdf DISCUSSED Chair Sarnoff All right, Department of IT (Information Technology) I think is next. Oh, budget update. I apologize. Budget update. Christopher Rose (Director, Office ofManagement & Budget): Good morning again, Commissioners. We're 30 days into the fiscal year. We closed the books this past Tuesday on October. There's not a whole lot to say, andl said the main thing two items ago, so we have overall revenues in the general fund of 25 million, which is higher than last October. Expenditures were 14 million, which is lower than last October, so we're starting off on a good (UNINTELLIGIBLE). We have not gotten the major revenues in yet because they're property taxes, and they come in in December, so we're really watching for that. And we made the pension payments in full out of the internal service fund in October, which is going to save us about $700,000 worth of interest by making the payment in full at the time, so that's really about all that there is to report in the month of October. Chair Sarnoff Any questions from the Commission? Commissioner Carollo: No. Chair Sarnoff Okay. Commissioner Carollo: Thank you. Chair Sarnoff Thank you very much. Mr. Rose: Thank you. Chair Sarnoff Very nice job. Mr. Rose: Thank you. Commissioner Carollo: Ideal. Chair Sarnoff As Commissioner Carollo would say, what was once our weakness appears to be our strength. Commissioner Carollo: I wouldn't go as far as our strength" yet, but we're getting there. Vice Chair Gort: We're getting there, we're getting there. Commissioner Carollo: I wouldn't go that far yet, but -- Unidentified Speaker: We'll take it. City ofMiami Page 94 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 DI.1 13-00500 Commissioner Carollo: -- slowly, we're getting there. Chair Sarnoff I think (UNINTELLIGIBLE). Vice Chair Gort: We have to be very conservative. Commissioner Carollo: It's definitely being noticed. Mr. Rose: Thank you. Chair Sarnoff When you have no questions from Commissioner Carollo, that's as good a day as you're going to get. DISCUSSION ITEM END OF BUDGET DISCUSSION ITEMS District2- DISCUSSION REGARDING THE DEPARTMENT OF INFORMATION Commissioner Marc TECHNOLOGY. David Sarnoff 13-00500 Email - Department of Information Technology.pdf 13-00500-Submittal-City of Miami Information Technology Strategic Plan.pdf DISCUSSED Direction by Chair Sarnoff to the City Manager for the Information Technology Director to perform an analysis on the capabilities of software programs used by City ofMiami employees, and compare it to the capabilities and knowledge of the City ofMiami employee using that software program. Commissioner Carollo: IT (Information Technology). Chair Sarnoff IT is now. Commissioner Carollo: This is your time, IT. Conrad Cross: Good morning, Commissioners. My name is Conrad Cross. I'm the IT director for the City ofMiami. This morning I'd like to talk to you about the state of IT and where we 'd like to go from a strategic point of view. I gave some of you Commissioners a presentation already. If you don't have it, I will be more than happy to provide you a hard copy, andl think it's coming, as we speak. In looking at IT, we took into consideration where we were. In other words, we did a situation summary. I came onboard five -- approximately six months ago, andl got a department that was hit by a lot of things over the years; cuts, budget cuts, people leaving, that kind of stuff. And my boss said "Look, I need you to do an assessment and give me a plan going forward as to what we're going to do with the department." So when the -- we summed up the situation. We took into consideration that the services for IT have increased over the last five years. If you look at the world today, information is driving just about everything that we do, and the City ofMiami is no different. So we took into account where we were and the complexity of the requests we have been getting over the last five years. Our base services that we provide to you have pretty much stabilized, but what we needed to do was start planning on how we would grow to the next level; how we would be a strategic department as opposed to just keeping the lights on. We realized that there were several challenges that we would be faced with and City ofMiami Page 95 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 these challenges were varied. It had to do with the political -- not your politics, but our politics as how we related to our different departments; our social impact, economic, the cuts; all of the things that we face as cities across the country. And when we took those into consideration, we also looked at what resources we had to meet the challenge that was ahead of us, providing services, so we could support the entire City. There were pressures and uncertainty with respect to funding, and we took all of that under consideration, and as a result of looking at those situations, we were able to define a strategy moving forward. Some of the guiding principles that we used in this was: Did we have a portfolio? Do we know what those services are that we needed? Do we have a government -- governance team in play? Is there somebody who was giving us the direction as to what gets prioritized and what doesn't? What were the strategic projects that we looked -- we needed to be looking at? And we came to the conclusion that there were several things that were impacting the way we do business in the City that needed to be continued, two of those being I -Build and Miami -Biz; two applications that we were developing in-house that immediately impacted our citizens and needed to be continued. So we pretty much determined that those resources that we had would be put towards continuing those two primary goals, and there was a third one, which was integrating a lot of the systems that we had in place, because the way we grew up over the years, we had (UNINTET,TIGIBT,F) five operations and we needed to bring them all together. So having the right resources was crucial, and we needed to be able to meet our timelines on our project requirements. Now, an optimized IT model would look pretty much like that colored chart that we have up there where IT being in the middle, we needed to have all of these qualities: We needed to be accessible, we need to have well -trained staff we need to be innovative, we need to be able to solve problems, strong communications, we need to be stable, andl could pause and elaborate on some of this, but I hope that in the questioning -- the question and answer period, we could address stability and some of those things. I pause on "stable," andl can go back and talk to any of these, but this one, IT has seen a change in its leadership over the past four years of maybe three or four different leaders. We need to stabilize. The right skills are essential, and it's essential to the technology industry, especially when the technology churns the way it does. So if we look at all of these qualities, then we could put a composite or picture together of what a optimized IT model would look like. Now, there were challenges to meet in these models, and that is on the left side where prioritizing projects, as we know them, wasn't very much in existence, and we need to make sure that that was there. Defining the organization support model was necessary in respect to applications, whether we were going to be distributive in the way we do things or we going to be centralized. So these and others were some of the challenges that we see -- we saw, tying the resource plan to the prioritized list of projects, assuming we had one. So without going through each and every one of these in the interest of time -- andl can come back to any one that you may have questions on -- I will move to the next slide where we looked at our objectives. The resolution was that where City's IT needs to provide a business strategy that would give focus on innovation and make sure that the business needs were being met. For citizens, we thought service excellence was key. Quality and efficiency is key, and for the citizens, that's something that we would provide. We have put several things in play right now that will help us get there. We have I -Build, like I mentioned before, Miami -Biz, that there's a Fire CAD and other applications that will allow us to be more efficient and more effective when we talk back and forth with our citizens. They may be able to go online and, through interactive applications, get the kind of help they needed. For our employees, we needed to make sure that we had the right people and the right skill sets. Education. Training is essential for employees, and that's something that we addressed. How can IT help that process, making sure that the competencies -- this being a mobile world, we were providing those things for IT and for the employees. And then we have the business portion. The businesses on the outside, our vendors, or the people who -- our suppliers that we had to take under consideration; what it is that they would need from the City that would make them more helpful to us. Now, here's where we are today with our strategy. We think, like I mentioned before, that the applications we had in the pipeline, Miami -Biz, I -Build, were two of the key strategic applications that needed to be continued. We believe that integrating the different disparate systems and making sure that we could get information from all the different areas of the City and bring them together was essential, and that would be one of City ofMiami Page 96 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 our key strategic plans. We believe that the IT infrastructure needs to be fed. We need to do better than keep the lights on, but we can't ignore that piece. We need to move ahead and make sure that the networks are up, the applications are available, and all the other things that comprise keeping the City working. The internet and the inteanet are essential to making sure that business is done in a modernized way, and education, I believe, is a big part of what's missing as a corporate cultural for this organization. My contention is that if we spent, I would say, a few -- if we gave the education portion in training our employees to use the tools that we currently have, we could increase our productivity by maybe 20 to 25 percent. On the right of this diagram, you have some of the details that supports the strategy that I've just mentioned. And ifI jump to, for example, the IT infrastructure, there are things like upgrades to our phone system that needs to happen, and some of that is happening as we speak, because the communications internally is just as important as anything else; upgrading our servers; making sure that our applications are user friendly. As far as the education is concerned, making sure that we follow best practices, and a lot of those things are things that we've been working on internally and things that you will see us pursuing as the months go by. This is just another representation of the key strategic goals and that central piece, keeping the lights on, is very essential. We can't, at the expense of keeping things up and running, pursue a objective and neglect that, so that is the common thread throughout all of this. Now, just so we get a flavor for what IT does, here is a sample of some of the applications that we support on a day-to-day basis. You will notice that on the first column, it says "Fire" at the top, and then there is a -- all this column has is some of the Fire applications that we support. In the second column, these are some of the applications that we support for the Police Department. Now, in red, I have the applications that we use in our ERP (Enterprise Resource Planning) application, and I'll talk to that on the next slide. And then in the last column on the right are yet more applications that our IT Department support on a day-to-day basis. This is sometimes the elephant in the room, and it needs to be addressed. Oracle is our enterprise resource planning act, and Oracle is like an octopus. It has tentacles in just about every department within the City. We interact through Oracle to our collection agency, to our banks, PayPal, Kronos, GIS (Geographic Information System), and you can see, based on this graphic, all the things that Oracle touches. Internally, Oracle supports the Purchasing Department or the purchasing processes, HR (Human Resources) processes, receivables, payments, treasury, cash management. So Oracle is a ERP or that solution that helps us in the day-to-day running of the City. We have invested quite a lot in Oracle. We're starting to stabilize this platform, and we're now starting to see some of the benefits from using Oracle. It has been a long time coming, but in my opinion, it's getting there. On a graphical scale, I would say this is what growing IT mandates -- growing IT, what we would look like. We want to make sure that we do not crash. If we look at the bottom, we want to make sure that we don't embarrass, we keep our systems up and running. We want to make sure that we're appropriately costive, we keep the business happy, we decrease cost; increase in efficiency. The key to this chart is that somewhere along this chart, our City ofMiami IT organization is positioned, andl would think we are about -- just about where we appropriately costive and we're keeping the business happy. But at the same point, we need to take it to the next level, and we will talk about what it takes to get us to that next level a little -- in a little while. If you ask me, in my opinion, that red dot there is where we think we are, which I alluded to. We're supporting the business, but we could be a little more strategic. Vice Chair Gort: We got a long way to go. Mr. Cross: We got a long way to go. I recall one -- Commissioner Sarnoff asking me, "On a scale of A' to F, ' where are we?" And I said, "a C plus. " And we -- I don't know how much he believed that was where we are, but that's my opinion of where we are. We still have quite a way to go. Now, the organizational challenges that we have with respect to IT, andl won't belabor any of these. It's there for us to see. On the data side, we've got a lot of data in the City of Miami, a lot of data, but we're really not -- we're data -rich, information -poor because we, as a government, collect a lot of information about a lot of things, but we don't have that analytic tool that sits on top of this data and make us use the data to do things. We react. We're not proactive. City ofMiami Page 97 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: Yes. Mr. Cross: That is part of why we have a lot -- a far way to go. As far as the culture is concerned, there are a lot of things between the departments that makes us not as effective as we can be. The communications sometime is not there. One department may have information that's not shared with another department. We need to break down those walls, and we need to make sure that the communication, the willingness to collaborate and participate is there between all these departments. I must say to you, since I've come onboard, I've sat down with quite a few of the different directors, and we've had some good conversations, and I feel confident that there's a willingness to collaborate and make things better. So as the months go by, we should start seeing some of these challenges go away. Maybe new challenges will come up, but we will be able to resolve some of those. As far as the projects and governance is concerned, at this point in time, with the way we have our departments set up, those things are absent. They were here at one point in time, but over the last few years, it has disintegrated. So a governance committee, nonexistent, and we do need that because there needs to be a body in the City that helps us to prioritize what's most important for the benefit of the City. It's not who has the most money or who has the guns or the fire hoses that gets the projects. It's a committee saying to us, "This is where the City would benefit the most." And having that structure would help us make that determination. I could go on. It's our vendors and how well we relate to our vendors. I do have one vendor here with us from Esri, and she's here because she was instrumental in helping us get our Parks' Internet site to that next level. So collaborating with vendors, irregardless of whether they're Esri, IBM (International Business Machines), Microsoft, or whoever, it's very important in making us move ahead, and we're starting to reach out to our vendors and say, "Hey, help us get there." And it sometimes doesn't have to be a lot of monies or a lot of software or hardware that we're buying from them; it just -- they could use us and we could use them, but there needs to be that collaboration. Organization, you know, having the right people in the right position and doing the right job is very important. We talked about collaboration between the directors. We also need to talk about collaboration that should occur naturally; it should flow. It shouldn't be me having to go and sit down with Public Works every time they need something done. What I'm planning to do to make this even better is to put what we call business analysts into each of these different departments. We don't have the luxury of doing a one-to-one in that we have 20-some departments, but maybe we would group the departments that have similar needs, put a business analyst who would know their processes and also know the technology and be able to translate that need back to IT so we can find the right solution for them. So we do have challenges with respect to IT, but we are working feverishly to get some of those challenges resolved. My focus, since I've come onboard, has been to see if we can re-establish that leadership that's necessary. I've looked at personnel. I've looked at our platform. I've looked at our processes. I've looked at our policy or lack of policy as it relates to IT and the other departments, and, of course, there's the politics. Last night I got home and I was going through my mail, andl saw where somebody placed a call to our help desk and had to wait 40 minutes on the phone for a response. Now, do we have an escalation process in place to handle that kind of stuff? When I looked around, I -- there was a semblance of one, but it wasn't quite there. These are some of the things that have broken down over the years that we need to put back in play. I responded to the person who made the complaint, andl said, "Look, we're upgrading the phone systems. We're getting better servers in place. We've hired a new administrator for the call center, so there are things that we're starting to do to help you so that you don't have to wait 40 minutes before you get a response." And those are some of the things that I've seen that we're starting to address. I have started the process of reorganizing the department. And every person who comes onboard thinks that the first thing they should do is reorganize. That wasn't the case here. I mean, that wasn't why I did what I did. The reason I went for the reorganization, we had some legacy stuff that needed to go out the door. We had mainframe operators, but we didn't -- we got rid of our mainframe. So now we want to convert those positions into mobile support people. The big machines are gone out the door or going out the door. We have these little devices that we use now that are just as powerful in some case, but City ofMiami Page 98 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 we need some people to support those. I mentioned the governance process, but we need people who will help us prioritize. Talked about identifying cost. If you should ask me or any of my managers today what does it cost the City to provide e-mail or Office or whatever per person, I don't know that we could put our finger on a number and say it's $16 per user per month. We need to identifi, our cost so we can know exactly what we should do next. When are we getting to that sweet spot where we know we're paying the right amount for the right services? We talked about -- one part of focus was on collaboration; collaboration I mentioned with our vendors, with our different departments. I won't belabor that point. What we're trying to do here is develop a strategic plan, a strategic plan that's not static, a strategic plan that we can grow into. It's an evolutionary plan, so things will come onboard and then things will come off the list of strategic planning. Training. I'm passionate about training because what I've seen after doing an assessment of what we've got is that we've got some good tools in play, but we have a lot of people who don't know how to use the tools. Now, the analogy I would use, you could give a skilled craftsman a chisel, and he can give you any piece of furniture or sculpture. And you could give somebody else a power tool or someone a chisel, and they wouldn't know what to do because they don't know what they're doing. So my contention is if we spend a little bit and make as part of our culture training for the City ofMiami, as far as technology is concerned, we would see some big gains in productivity. One of the other reasons why this is critical is that over the next few years -- and we've started to see happen because of the DROP (Deferred Retirement Option Plan) Program -- we're going to lose about 30 percent of our staff. Now, I may be playing with the numbers a little loosely there. It may not be exactly 30, but we're starting to see a churn in our workforce. Institutional knowledge is going out the door, and we need to find a way to capture that so we can use that to our advantage. One of the things that we don't do good as an IT organization is tell you, Commissioners, tell our managers our accomplishments. We do a lot of things sometimes that's not communicated in an effective manner so you can know what it is that we're doing. I've started to put some processes in place to help that. I've brought a vendor in to talk to us about business analytics so the managers can be educated as to how to use the data that they have using analytic tools. We need to optimize our current technology, and that's a broad term, andl can delve into it, butt will give you a chance to tell me what exactly your interest is and I'll bring this to a close real soon. Chair Sarnoff Have you ever done an analysis as to what the capabilities are of a given software program versus what the capability is of the person using that software program and his or her knowledge? Mr. Cross: As it relates -- since I've been here at the City, have I done that, or have I ever done that? Chair Sarnoff Well, we'll start with have you ever done it and then have you done it here? Mr. Cross: No, I have not done it here. It's not one of the things that were a priority on my list. It's -- there's a large list and I'm get -- but we have done it, and we -- I have done it in other jobs that have had, and we've seen where if we improved on the whole education process, from the cradle to the grave, in terms of while the person is doing it, how to do it properly, training them and keeping them updated where the productivity has gone up significantly. It's been done, and there's a big -- I'll get back to you if you need to see a case study or something like -- regarding that as to how that works, how well it works. Chair Sarnoff Well, I'd like to see that, 'cause I could tell you that when my office has gone through training in, I assume, your department or a department associated with you, they come back fully understanding the capabilities of Microsoft, Microsoft Office, things that even I don't know how or -- you know, my premise is that most of us walk around with these devices or any other device and we know 10 percent of what it can do. Mr. Cross: Yes. City ofMiami Page 99 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff And 90 percent goes unused. Mr. Cross: That is true. And you know when we try to use the other 90 percent? When we're in trouble. Now, I have a vendor here who will tell you that when I came onboard -- andl still do it to this day -- they come in and one of the first things they do is they hand me a business card. Andl look at them andl say, do you bump? And they look at me and, "What do you mean by 'do I bump?'" There's an application out there when you set it up once and you put your profile in, all you have to do if the other person has a Smartphone device is touch them together. Andl guess I could bump with the Commissioner. He's shaking his head. But what that does -- and I'll tell you exactly why that's very effective just from (UNINTELLIGIBLE). You had set up a meeting with the Police Department to look at some crime analytics. On that day, I was a newbie in town. I didn't know the City very well. Andl shouldn't call the vendor's name, but a vendor came in and they handed me their card. They were part of the meeting, but they had Braille on the card. On one of the numbers thatl was supposed to transpose from the card into my phone, there was a bubble, and so I didn't know if it was a 6 or a 9 or what the number was. So I guessed at the number andl put it in my phone. Because The Heat had a parade that day, things changed. So I was at your office waiting for the meeting to start and there was nobody else around. I took out my phone andl dialed the number. It was the wrong number. I didn't have a card to say which one of these numbers are wrong. Now, if that person had put that in their phone at the point in time, it would have -- them entering it and it would be correct. All we had to do was do this, andl would have had the right number. I wouldn't have to had transposed the number and gotten it wrong. So whenever vendors come in now andl say do you bump?, it's -- if it's already electronic or you can do it one time and then pass it on that way , why aren't we doing it? You're the vendor. Be -- act like a technology vendor and let us do that. Now, if we put that as part of our culture in the City, over a period of time, we may not need to have business cards, because I can tell you this: Every kid out there now has a Smartphone. My mother may be one of the last remnants of people without a Smartphone, but then she doesn't get a lot of business cards. But -- so you see what I'm saying when you say, "We can do things more effectively, but we have to make it a part of our culture." I look around, then I look at the podium, andl go into the agenda review meeting andl see these large folders with all this paper. We now have the ability to put -- use those in a different -- we can put it as a PDF (Portable Document Format) file on which we can annotate; we can search and find the document we're looking much fast and so on. But part of the culture has to come from the top -- the Commissioners, the managers, and so on, and it ripples down. It's not going to happen overnight where everybody can be that effective, but it has to start somewhere. So when we talk about organizational culture and technology, if you want to be the technology capital of southeast of the -- South America or whatever the case may be, it has to start somewhere. And my challenge to you guys is whether you lay the mandate down or it's the Manager who says this is the way we're going to do business, at least that statement needs to be made, and then we will fall in line. A simple example to your point, only 10 percent of this tool is used, and you can imagine what happens with the bigger systems that we have. I know I'm taking up quite a bit of your time andl will bring this to a close. We have not ignored the fact that there's a lot of new technologies out there that can get us -- or take us a little further a little faster. There's Cloud Technologies [sic], andl am not quite sure how knowledgeable the panel is about Cloud Technologies [sic], and that's another story for maybe another day, unless you want to go there. Their mobility -- I was having a conversation with the Fire chief. I was having a conversation this morning with the Building inspectors. We now see where the permit inspectors are taking around tablets. The tablet has a camera on it so a violation can be recorded and sent in realtime back to our computers here. It now has pre filled out forms that you can just check things off. We can get voice or phone calls to our tablets. It's portable. It's -- you know, I'm up here with a piece of paper, andl could very well have made this presentation using my I -Pad or my Microsoft device (UNINTELLIGIBLE) -- but I went to old reliable here -- paper. But we need to start looking at -- if you want to be the top city in the country or get in that top 10, what is it that we need to do to get there? And part of it is going to come from your leadership and your telling City ofMiami Page 100 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 us, "This is a mandate, this is how we want to go there, " and then we can figure out what it's going to take in terms of dollars and resources and so on and so forth. Chair Sarnoff So can I ask a favor of you? Mr. Cross: Yes, sir. Chair Sarnoff Can you get me competent enough that can not come up here with a piece of paper in January for a Commission meeting? Mr. Cross: I'm not a miracle worker, sir, butl -- Commissioner Carollo: Good answer. Mr. Cross: No, no -- Chair Sarnoff (UNINTELLIGIBLE) talking to Carollo lately? Mr. Cross: -- disrespect here, but it is going to take a little time. It's not going to happen overnight, but at least we -- if you tell me that's what you want to do, January may be a little aggressive, but we could work on it. The last slide I have -- I came onboard approximately five, six months ago -- in June, actually -- andl have to tell you that I thought my career in IT had ended because I did 20-some -- 11 and a half years of CIO (Chief Information Officer), City of Orlando, and when I left, I was like, I'm finished with government. I'm not interested in it. But when I came to do the interview andl sat down andl talked to my boss, Ms. Bravo, I got the sense that had a challenge ahead of me, and it was a challenge I'd take on because I like a challenge. She has been nothing but supportive over the last six months, and whenever things get down, I could expect to see a text from her, and she said, "How you doing?" And, you know -- so I-- the support that I've gotten from my management has been nothing but top notch, but I would be remiss ifI ended this without mentioning some key people within my department. When I started, I didn't have a directory to show me who was who in my department. It existed, but there are no real photographs there of these people. But I had the opportunity to talk to some of the directors one on one before even meeting all of my staff on a one-to-one basis, and there was one name that kept coming up, and they would say `Ileana Oliver, Ileana Oliver. " And I'm like, Who is this Ileana Oliver? So I went back and I started asking, Who is Ileana Oliver? And it so happened that she was on a cruise. She was on vacation, so I didn't get to meet her, butt kept hearing about how good she was and whatever. I finally met her. And even to this day, even this morning, I was still hearing about Ile. We've got some star people. And how didl know she was a star? Not by talking to her, butt was in my apartment at 10 o'clock one night, andl saw an e-mail come in. All my devices are right on my bed. I mean, my family is not here, so I'm alone here and I'm -- my devices are my companion. One of them started vibrating, Picked it up, and at 10 o'clock, we had a City employee send in a response to an e-mail to her supervisor. That, I think, is dedication. And pick her out, andl could do the same for quite a few others. I have some other names in here; Duque, Alcala, Johnson. These are dedicated employees. We've got some good people in place. We need to help them get to that next level, andl think we are getting there. There's a lot more to be said. I realize I have -- even though you have not tell me to shut up yet, I have a lot of time, but I'll leave it for your questions. Chair Sarnoff Any questions? Vice Chair Gort: Thank you. Commissioner Carollo: No, at the present time. Chair Sarnoff Do you have a recommendation, or will you be formulating a strategy so that we City ofMiami Page 101 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 could see this, I would say, by March of next year to better understand what you're going to come to us in terms of budgetary requirements to implement what you think is our strategy? Mr. Cross: Yes, I will. As a matter of fact, we've started with a portfolio of the different applications and the needs going online. Six months was just too narrow a window for me to bring that to you, and wouldn't want to do it and not do it right, but by March, I definitely will have a good feel for the apps (applications) based on sitting down with the managers and deciding where the priorities are. We will have that portfolio ready for you by March. Chair Sarnoff Thank you. Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: I do respectfully request that before March that IT, along with the Manager, meets with my office so they can go over, you know, the various issues, so by the time the March meeting comes about, you know, we are fully briefed. I do have questions; I just don't want to pose them right now. I would prefer to have a dialogue with you so, you know, it be back and forth instead of doing it now in front of everybody where it might be, you know, somewhat mundane on everybody. Mr. Cross: Okay. Vice Chair Gort: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Gort: I have to tell you, we have some great, good discussions with IT I think he has the right idea; that we have a lot of the tools, but we need to train the people to know how to use the tools. Commissioner Carollo: Exactly. Vice Chair Gort: And communication is one of the things we lack quite a bit in here. We have transactions. It takes three different departments to participate in that transaction because it's not communication between those departments, so this is something we really need here, so I'm looking forward to it. And you can show me how to use the 90 percent, the rest -- the 90 percent (UNINTELLIGIBLE). Mr. Cross: We will bump. Commissioner Carollo: Bump. Mr. Cross: We will bump. Chair Sarnoff Yeah, I want to learn the bump before I leave today. Mr. Cross: Okay. I thank you very much, andl look forward to working with you. Let me just preface the upcoming Internet -- intranet -- Internet presentation. I think you will be wowed, and it may take more than five minutes, but you will be wowed. Chair Sarnoff And just by the way, whatever Carollo pays you, I'll double it. Thank you. DI.2 DISCUSSION ITEM City ofMiami Page 102 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 13-00814 District 2- Commissioner Marc David Sarnoff DISCUSSION REGARDING THE CITY'S WEBSITE. 13-00814 Email - City's Website.pdf DISCUSSED Chair Sarnoff Mr. Manager, I think we have a discussion item we could at least look at, and that is the City's website. Can we move to that agenda item? Oh, I'm sorry. I apologize. Ms. Bravo, you're recognized for the record. Alice Bravo (Chief of Infrastructure): Alice Bravo, Assistant City Manager. While the folks come out to set up their PowerPoint presentation, we, a few months ago, started taking a closer look at our website, department by department, and realized that there was a need to improve the amount of information that's out there. We've been working very closely with department heads, our Office of Communications, to improve the content of the information on the website, particularly from the perspective of you know, what information are people looking for. We want to make sure that as much information as possible is out there so that people don 't have to call in for information, don't have to come in for information; that, whenever possible, if there's something that someone's applying for, that they're able to apply by web. So our focus for the various departments, as we go through and overhaul the content for each -- we started with the Parks Department, Emergency Management, and Planning & Zoning. In the case of Parks, obviously, we have many facilities throughout the City, so we made sure we have hours of operations, the activities, the programs that are at each park, et cetera, so that information is available online. From the perspective of Planning & Zoning, we have many users out there, so we want to make sure we eliminate the need for someone to call the Planning & Zoning Department to ask for a form, a process, what a timeline for a certain process looks like, so that information is being populated out there. we're not going to show it to you today, but other departments -- Public Facilities, Building, Public Works, et cetera -- are all also being revamped. As part of the Planning & Zoning presentation, there's a GIS (geographic information system) tool that's very powerful, and we're working to layer onto that, so basically, for any particular property, you could see all documents that are on record as far as permits, covenants, warrants, et cetera. But the first one we want to -- we'll show, kind of the before and after -- is our Parks Department. Lara De Souza: Good afternoon. Lara De Souza, Deputy Director for City ofMiami Parks Department. Okay. I just basically want to take us back to the beginning. This is our former website. It's a ten -year -old design. What we found is that it was really hard for visitors to find the information that they wanted. They had to do a lot of clicks to get to the source, so it really wasn't user-friendly and also didn't adapt very well with a Smartphone or a tablet. This is an example. They would have to click through quite a few pages just to get to some of the internal documents that they wanted, so what we wanted to do was look for a much more user-friendly, modern -look page. We want to make the information more accessible, allow the visitors to control how they're accessing the information, streamline the communication of information, and allow connectivity through the Smartphones, and subsequently, sharing of park information with our contacts. So let's go there. So this is the new look and feel. I'm going to just scroll down, so you can see the whole thing. Here on the top, we have dropdown menu items, and the reason we put this in place is we looked at the Google analytics to see what is the highest number of visitor information pages, and we created the dropdown information based on that. So one of the examples is you can visit a park and do any one of these things. So let's say, "Play with my dog." So they can go here. It talks about the rules and regulations for a dog park and the locations of our dog parks, so this way -- the great thing about the dropdown menu is we can add additional queries. We also looked at the e-mail (electronic) contact that we get and the phone contact that we get and what are people asking about so we can continue to grow this and enhance it and make sure it's in keeping with what they're asking for. Additionally, under the City ofMiami Page 103 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 "Recreation Corner," we picked the top items that people are searching for, whether it be learn to swim, our master plan process, our programs for persons with disabilities, tennis lessons, Grapeland Waterpark, and youth programs. So in many different areas of our main page, you can start your search process. One of the things that I really want to highlight is, under Parks, our community pages. A community park is what we would designate as somewhere that has a recreation center and is offering you programs. So what we did is beyond taking a quick look, which is what this page is -- let me just go here -- you can now click and go to an individual park page for that park. It's going to give you a photo. It's going to give you hours of operations. On the bottom here, it's going to show you the amenities that are available on site. You can even click here, and it now takes you to Google so you can map out your ride there. You can also add it to your my Places, depending on how people, you know, utilize their Google tools. Now, I'm going to go back to the homepage. What's really nice is we're now going to have live video, which is going to allow people to personally connect, you know, see people actively using a park and hopefully give them ideas of how they can come to a park and get involved, whether it's in a leisure format, or a summer camp, or an after -school program. But what we're really proud of is this application here called "Find a Park." This is a GIS interface, so a user will be able to come, and all these little green dots, which are probably very small on your screen is a park location. So, to make it simple, you can go in the search button and we 're going to type in Hadley -- may be good ifI spelled it correctly -- Charles Hadley Park, so immediately what pops us -- well, let me scroll the page down so you can see it -- is this information grid. Here, it tells you all the different amenities that are available. We also have a feature that takes you back to that page that we've created for that particular park, okay. When we scroll to the right, you can type in your address and it'll give you directions, and you can also go here and view pictures of the park. Now, say you're thinking about doing a pickup basketball game with your buddies. You really like Hadley Park. You think it looks good. What you'll do is click here, and now you can share it via Facebook, Twitter, or e-mail, the details about the park. So it's a great tool. I mean, we have a lot of people that like to use our parks for birthday parties, baby showers, so we want to upload pictures of our, you know, reception areas, banquet areas so they'll be able to use that as a -- part of this tool as well. So that is pretty much the new configuration of the Parks page. The one thing want to show you, though, is our next step. Grapeland Water Park is one of our most active summer parks, and we wanted to have a new look and feel for that particular park that's really engaging and part of our advertising plan. So this has been designed over at the GSA (General Services Administration) graphics, but now what we're doing is HTML (Hypertext Markup Language) coding so that we can then add it to the site. Here, people will be able to come and get the hours of operations, admission, information, rules, and party reservation information. So this is the homepage, and this is what one of the internal pages will look like. It's very inviting. You know, on a hot summer day, it's going to make you want to come and splash around. So our next steps: We're continuing to go through and test and add content, and it certainly invites you and your staff to look through the site, let us know if there's any additional information you'd like to see, because you know, you're stakeholders just as much as our residents are. We're going to add more content to the individual park pages and additional photos, so whether you use the park finder app or the individual park page, you'll be able to get a really good sense of what the park looks like. In April of 2014, Miami -Dade County will be releasing the same application, the Park Finder application, and they will be incorporating all of our parks as well. So what's great about that is no matter where you are in Miami -Dade County, you say that you want to find a swimming pool, it's going to tell them where the closest one is, regardless of the municipality, so -- and then the additional thing that I'm currently working on in collaboration with the Miami Foundation is they have a group that's coming out of the Harvard Innovative Lab that is called "Opportunity Spaces," and it's going to be a platform to allow more citizen engagement to -- it's part of the Miami Foundation's vision for a more livable city, and the City ofMiami is going to be the pilot program in South Florida for this, and it's going to allow citizens to not only let us know what they like or don't like about a park, but it's also allow them to give us a vision of how they see parks to build. So in my view, we've taken a huge leap forward in advancement. We've -- the Park Finder app is very integrative with the Smartphone, and it also will sync in with your GPS (Global Positioning Satellite), so again, you City ofMiami Page 104 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 can find things that are close to you. And we're also going to be looking at online reservation and registration so that people don't have to keep coming to a physical park or to the main office at the MRC (Miami Riverside Center) to book a party or to register their child for summer camp. Chair Sarnoff How long have you worked on this? Ms. De Souza: Six weeks. Chair Sarnoff That's pretty good for six weeks. I think every other City department should take notice. Ms. Bravo: And we're not going to show the web page for every department today, but every department is in process of being revamped like this; some are at a 90, 95 percent level. So, if you want, we can continue to showcase each one as they're finished. But next, we have Planning & Zoning. Chair Sarnoff Okay. Ms. De Souza: Thank you. Lucia Gonzalez (Assistant to the Director): Good afternoon, Commissioners. Luciana Gonzalez, Planning & Zoning Department. We also have been working on this for the last few weeks. Our website has been existence, as well, for about ten years, following the same framework that the Parks and Recreation Department had. However, as -- over the years, our information has had to accommodate to the framework that existed within this design, and it forced us to hide information that should be given more prominence just because we didn't have the ability, and a good example that I will show you -- this is, again, the new look that you saw that's very similar to the Parks and Recreation. On the left-hand side, you have the old and how we had very good tools available to the public. However, they weren't very well seen within the page, and in comparison, on the right-hand side, you have the new look, the new section of the page that shows you the tools that are available to our stakeholders in a very -- the look and feel of it has improved, and it's more intuitive to the user, ultimately. The other thing that we faced was combining -- merging two different websites that were in existence. Planning Department had its own website and Zoning, which is a little over two years old, had its own page, so we had to figure out ways to combine the two to allow the user, again, to find information at a one -stop shop. We -- because of -- our line of work is a little bit more technical. We had to do a lot of research as far as the terminology that's used that's -- that provides the user with -- to find the information that they're actually looking for, as opposed to using our, you know, professional lingo with the architecture and urban design terminologies, so this is the result of it, andl'll show you -- excuse me. On the light side, the different dropdown menus, you can basically find anything that's available on the site through these dropdown menus here rather than having to click, and then click again, and try to find the information. On the left-hand side of the page, we also looked at the metrics to see what the most used pages are and gave a prominence to it. I'll come back to this in a little bit. I want to skip over for a second. The Planning & Zoning Department has different sections that may not be clear to the user. We have our Hearing Boards; we have Tree Preservation; we have Zoning; we have Planning, which the urban design and land development, so we -- we'll continue to build upon these menus to be able to give the user the ultimate information. Here are the tools that are in place. Miami -Biz, as you may know, that was recently launched for the certificate of use system. It's very user-friendly and allows applicants to apply for certificate of use. The building permitting system, here we have general maps, which are highly used by different people, as well as census information, which is obtained here as well, and the zoning interactive tool. This has been in existence for quite some time. However, it hasn't been given the prominence that it deserves through our systems, so what we've done is really given it -- let me just fix that real quick. Not. We'll try again through -- here we go. There it is. And if you -- you know, this tool allows you to find the zoning a lot more City ofMiami Page 105 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 information for any -- every single property within the City. There is different layers here. As you can see, this is all the Miami 21 zoning. It's very similar to the Property Appraiser site. It does give you sales information, ownership information, former zoning, and this is -- every person that I speak with to talk about it, they -- we just get compliments for it, and it's now clearly available on the page and -- Ms. Bravo: And this is the tool that, as part of our strategic plan, we're going to layer with CU (Certificate of Use) information, historical use, warrants, covenants, et cetera. You know, a lot of people that come into Planning & Zoning are merely looking for older documents that help them support a new application. Chair Sarnoff Will this ever get to the point where I can click on ChuckRabin's home and see that, historically, everything about it, any easements, any covenants --? Ms. Bravo: Covenants, parking waivers, et cetera. Chair Sarnoff (UNINTELLIGIBLE) -- Ms. Gonzalez: Exactly. Chair Sarnoff -- we would have historically on that home would be -- Ms. Bravo: Will be -- yes. Chair Sarnoff -- layered in there prominently. Ms. Bravo: This will be our document management system, as well. Ms. Gonzalez: That is the ultimate goal; to build on this to be able to access all the information for, like Alice said, warrants, waivers, covenants, certificate of use, et cetera. And we understand that this is something that's a little bit on the technical side, so what we've done is created a video tutorial to go along with it. It's about seven minutes long, and it's, again, very clear on the front page to be able to -- first-time users can come and understand everything that the application provides. Chair Sarnoff But you're not miracle workers. Vice Chair Gort: Let me ask a question. The biggest problem we have, individuals that want to rent the space or they want to rent store and -- they want to know about the zoning. They want to be -- know if they're able to use -- if they can rent it for the uses they would like to do. Can they go in there and find out the specific zoning and the uses for that? Ms. Gonzalez: Yes, yes. You zoom in here. I'm just going to zoom in any property -- Vice Chair Gort: Right. Ms. Gonzalez: -- no specifics. I don't know if Chuck Rabin lives in the City, so I can't pick on his property. Chair Sarnoff (UNINTELLIGIBLE) his house -- no, I'm just -- Ms. Gonzalez: So you can click here and it would tell you. University ofMiami owns this. This is the zoning. And there's a little hyperlink here that, if you open this up, it takes you to a summary ofMiami 21 regulations for that particular zoning, so you don't have to flip through the whole entire book to know -- City ofMiami Page 106 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff But I think Commissioner Gort may be asking -- Vice Chair Gort: The use. Ms. Bravo: There's a table there. Ms. Gonzalez: There's a table. Yes, there's a table here. Chair Sarnoff But instead of making the person go to the table, could you type in use, pet clinic" and would then that be able to spit out information, you know, C-1 allows? Vice Chair Gort: Yeah. Chair Sarnoff Or -- Ms. Gonzalez: I think that it would be a combination of this together with the certificate of use, because the certificate of use application, when you're applying for a new business, does do that. If you click on something that's not allowed within that zoning category, it doesn't allow you to move forward. Okay, yeah. We can show you the Miami -Biz. I must say that I am not an expert on it, but it's very simple to use. Ms. Bravo: A prior request was that certificate of use applications could be made online, and so Miami -Biz was implemented a couple of months ago, and that facilitates the application of the CU online and that's what -- Vice Chair Gort: I'm thinking about it before you go into that steps [sic]. Once you go looking for certificate of use, you already rent the place, and then you go to certificate of use and you can't use it for what you wanted to do. Ms. Bravo: Right. And between the zoning information that's shown there and the actual -- through the zoning you could see if that's an applicable use. Chair Sarnoff But he's still asking the question differently. I think he's still saying -- you know, I think it's great to do the dropdown menu, but you're a lay person, even me; I'm a lawyer. I don't know Miami 21. I don't know what table to go to. Ms. Bravo: And -- Chair Sarnoff So instead of -- wait, let me finish -- going through a table, he says, all right, his wife is interested in opening up a hairdresser studio, whatever they call that, so he types in on that particular address: Can I do hairdresser? And it would come back "zoning not appropriate." Ms. Gonzalez: I think we have the framework in place, the foundation to be able to do something like that. As we move forward with these plans that we have for IT (Information Technology), that's something that we need to consider, so -- Vice Chair Gort: You be amazed how many people come to us, that they rented a place or that bought a place thinking they can use a certain way, then afterwards, when they apply for the CU, "Hey, wait a minute; can't use it." So before they buy the property or rent the property, would like to have that information. Francisco Garcia: Thank you, Commissioner. I'd like, briefly, to respond to the question, because it is certainly one that we deal with very frequently, as you might imagine. For the City ofMiami Page 107 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 record, Francisco Garcia, Planning & Zoning director. And so the difficulty is this: The specific use that a person may want may be called any of many things, and as you know, as a result of Miami 21, what we've done is we've condensed our categories of use to make them as general and accessible as possible, so right now we have a category of use that's called "General/Commercial, " which encompasses 95 percent of all the commercial uses that one could possibly want to inquire about. So presently, given our Zoning ordinance, it requires two steps: One, for the user to determine -- and we're certainly available to answer those questions -- that, one, for the user to determine which category of use is the use they want is in and then, yes, automatically, we can address that request by saying, "This use is available in this property," without question, but it does require that first initial step that we would have to give them advice on. Chair Sarnoff But you can fill your field -- let's say you used to have 600 uses under 11000 and you brought it down to 95 under Miami 21. You can still fill the field on your data entry, so you would come back with a positive finding, even though I didn't use the term you wanted me to use. Like, for instance -- I don't know -- pet -- what are they called? -- grooming and you wanted it to say pet something else. You know, you can fill the field on your back entry so you would still get back an indication, "yes." 'Cause I think Commissioner Gort is right; you want that person -- when they're -- what happens is a person's considering opening up a business, and in that consideration, they have an idea where they want it to be. Mr. Garcia: I absolutely agree, and certainly we can work towards, so certainly a challenge that we receive gladly. Let's see how we can get around it, because you're right; it does become a day-to-day challenge for our users. Vice Chair Gort: Well, I wrote a lot of e-mails from my office to your office, that's for sure. Mr. Garcia: Yes, you do, sir. So to the extent that we can improve upon it, we'll certainly try our best. Thankyou. Ms. Gonzalez: And any other comments that you may have for the website, itself, and as far as navigation, we welcome those as well. Thankyou. Vice Chair Gort: Thank you. Ms. Bravo: I only have one more thing to add, and that's that through Apple, we've been cleared for our application to be in the App Store the week of December 9. Chair Sarnoff For the trolley? Ms. Bravo: Yes. Chair Sarnoff Well, congratulations. Ms. Bravo: Thank you. Vice Chair Gort: I'm sorry, what was that again? Chair Sarnoff They're going to go with Apple -- being that you're a Blackberry guy, don't worry; Apple'll own it very shortly. But the App Store is going to be available to us so that we could put the app on the Apple. Ms. Bravo: Yes. Chair Sarnoff And for those Samsung people, they just have to wait. City ofMiami Page 108 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Ms. Gonzalez: It'll come shortly thereafter. Chair Sarnoff See, it all does come back. All right, I think -- are you --? Thank you very much. By the way, much improvement; kudos to you. I didn't think you'd be this far along, to be candid with you. Ms. Bravo: It was a big team effort. Chair Sarnoff Okay. And you know what; you should thank your team, especially Parks. That's a big improvement on Parks. I think if you'd -- I think Commissioner Gort's right. I think it just doesn't take that much more to get Planning & Zoning a little more depth than dirt to it, andl think a lot of questions can be answered online. Ms. Bravo: And that's our goal, to cut down on the number of calls and e-mails, et cetera, for questions. Chair Sarnoff Okay, thank you. So do you -- are you -- would you consider, Commissioner Carollo, going to the tabled items? Commissioner Carollo: Yes. I was able to discuss with Water and Sewer and our Administration, so I think I'm able to take 2. There's still one, the PH. 3, I'm still -- I still haven't been able to meet with them, but definitely, we could take PH.2, if possible, and there is another one, PH (Public Hearing) -- Chair Sarnoff We had tabled RE.11 as one -- Commissioner Carollo: AndRE.11, you're right. Chair Sarnoff Yeah. DI.3 DISCUSSION ITEM 13-01179 City Commission STATUS OF HIRING POLICE OFFICERS. 13-01179 Cover Page.pdf 13-01179-Memo-Police Department Hiring and Staffing Update.pdf DISCUSSED Chair Sarnoff All right, just to finish up, I think we could do the -- real quickly, we could do the Police issue, D1.3 [sic], status of hiring police, and then we'll have lunch. Vice Chair Gort: And come back about 3? Chair Sarnoff It's okay with me. It's not -- Vice Chair Gort: 'Cause I don't see any -- Chair Sarnoff The problem is we're all back loaded, so it doesn't matter. Three o'clock is fine. Commissioner Carollo: Three o'clock. Chair Sarnoff Because we're back loaded on time certains. Commissioner Carollo: Yes. City ofMiami Page 109 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Whoever is going to present it. Vice Chair Gort: Let's go. Armando Aguilar: Good afternoon. Armando Aguilar, executive assistant to the Chief of Police. I'll start while we await the Chief. Since the last Commission meeting, we have hired 13 certified officers; 10 are already working for us, and 3 more start on Monday. We have an additional eight certified officers that are awaiting medical clearance. We have another 91 certified officers that are currently undergoing the physical agility phase. We received over 1,300 app -- Chair Sarnoff Ninety-one officers who are undergoing the physical -- so you have 91 certified officers? Mr. Aguilar: Certified applicants, yes. Chair Sarnoff Ninety-one certified applicants that have not been hired yet? Mr. Aguilar: Correct. That's in addition to the 13 that we did hire and the 8 that are almost ready to hire. Chair Sarnoff So I'm going to ask you to backup again, because when I looked at this, we used to be budgeted for 1,144. We're presently budgeted for 1,179. Mr. Aguilar: That's correct. Chair Sarnoff Okay. IfI do the subtraction from -- I guess I should be subtracting from -- when you say there -- Police is operating with 69 sworn vacancies. I should be subtracting 69 from 1,179. Mr. Aguilar: Correct. Chair Sarnoff So then I would be at 1,110 officers. Mr. Aguilar: That's correct. Chair Sarnoff That would be a record for the City ofMiami. We've never had 1,110 officers before; is that wrong, Chief? Manuel Orosa (Chief of Police): No, never had. Chair Sarnoff Right. So you have more police officers at your disposal than in the history of the City ofMiami right now. Chief Orosa: Correct. Commissioner Carollo: And that's what we were striving at during budget hearing, and we said that by December, we should have "X" additional officers patrolling the streets. Chief Orosa: We had -- In the history of the Police Department -- well, in the modern history of the Police Department, we've never been 100 percent staffed because of whatever -- retirements, layoffs or firings. We usually go -- there's a percentage below of the maximum budgeted amount. Chair Sarnoff Well, my recollection, based on previous statements you've made, we never even have been at 1,144 before, so we're really -- City ofMiami Page 110 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chief Orosa: Correct. Chair Sarnoff I'm not saying we're staffed adequately, but we're at least -- certainly, the needle has moved, and the needle is moving in the right direction. Chief Orosa: Yes, sir. Chair Sarnoff But -- and then something Mr. Aguilar said -- I almost wish I had his sentence in front of me -- but that there -- is it 94 police officers that are certified that --? I don't remember your number. It was in the high 80s or 90s. Mr. Aguilar: It's 91 certified applicants that we're still processing off the existing certified officer list, plus another 1,300 that we just received that some of those are certified, some of those are not. Chair Sarnoff So best estimate, when could you get to your allocated 1,179? Chief Orosa: Hopefully by mid next year. Chair Sarnoff Okay, mid next year is June. Chief Orosa: Yes. Chair Sarnoff By June of next year? Chief Orosa: Yes. Chair Sarnoff Could you do better than that? Chief Orosa: We will try as much as we can. Chair Sarnoff Now, taking into consideration people you anticipate leaving and then those unanticipated -- Chief Orosa: I think that's very minimal. I think there are like 14, 16, in that ballpark, that are leaving, not counting people that made -- commit mistakes and they have to be fired. So including those, you know, 16 is a -- now that the hiring machinery is in gear and going full speed ahead, it should be easy to overcome the people leaving in the DROP (Deferred Retirement Option Program), those 16. Chair Sarnoff Okay. There's a sentence here that says there are 15 sworn members and 48 civilian members -- okay, I apologize -- who must separate. You're right, so your numbers are about right. So you're not that concerned about the civilians; you're more concerned about the police. Commissioner Carollo: Of course. Chief Orosa: Correct, because that's what I'm here for. Commissioner Carollo: Of course. Chair Sarnoff All right, is there anything this Commission can do, period, anything to help you gain more police officers on the street? City ofMiami Page 111 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 D1.1 13-01283 Chief Orosa: Right now the training is rolling. We are doing great with recruitment. We're doing great with the list. Like I said, like Junior mentioned before, the last time, we would have probably about 7, 800 applicants. This time around, we had over 1,500, and eventually, it wound up to about 13 and change. So, Commissioner, with all due respect, the best thing anybody can do is get out of the way. Chair Sarnoff Keep your hands and feet away from (UNINTELLIGIBLE). Chief Orosa: Yes. Chair Sarnoff Okay. Chief Orosa: Move forward. Chair Sarnoff All right. Anybody wish to address the Chief? Commissioner Spence -Jones? Chief Orosa: Yes, you need to address me. This is the last time you're going to be addressing me like this. Commissioner Spence -Jones: No. Chief Orosa: Okay. Chair Sarnoff Chief it's good to see progress. It's also good to see the record numbers, 'cause that's unique, and keep up -- Commissioner Carollo: Keep up the good work. Chair Sarnoff -- the good work, right. Vice Chair Gort: Keep up the good work. Commissioner Carollo: Keep up the good work. Chief Orosa: Thank you. Chair Sarnoff All right, thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT DISCUSSION ITEM City ofMiami Page 112 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 STATUS REPORT BY THE ADMINISTRATION ON THE PILOT PROGRAM TO OPERATE CODE COMPLIANCE FROM THE ALLAPATTAH NET AND FLAGAMI NET OFFICES. 13-01283 E-Mail - Status Report on Pilot Program.pdf 13-01283-Submittal-Herald Article.pdf DISCUSSED Chair Sarnoff I know Commissioner Gort has one that's important to him. Vice Chair Gort: Well, my discussion item is very simple. I passed this around. Chair Sarnoff You want to do it? Do it. Vice Chair Gort: Yeah. Commissioner Carollo: Do it. Vice Chair Gort: There's no action to be taken. Only pass this around. An article came out in the Miami Herald, which is called "NET" Again [sic]. This is something that I'm working on, and I've been meeting with the staff and the Administration. We're going to be getting closer together and see if we can come up with some changes that I would like to see, at least I would like to see it in my district, and I'm working on it. I passed this all around so you guys will see, more or less, what I'm intend to do. Chair Sarnoff All right. You want to take ten; maybe you can meet with Mr. Ihekwaba? Commissioner Carollo: Again, you know, like I said, I need to meet with him before I take a vote. And if you have -- Vice Chair Gort: Take ten minutes and get together. Commissioner Carollo: -- you know -- Chair Sarnoff Are you available, Mr. Ihekwaba? Nzeribe Ihekwaba (Director, Public Works): Yes. Commissioner Carollo: -- you know, and -- Chair Sarnoff Okay. Commissioner Carollo: -- at the same time -- Chair Sarnoff Let's take ten minutes. Commissioner Carollo: And at the same time -- Chair Sarnoff We're in recess. Commissioner Carollo: -- I want to make sure that at 4: 30, we have this. And if you have quorum, you could call the question whenever you want. Chair Sarnoff Okay. City ofMiami Page 113 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 D2.1 13-01076 D3.1 13-00723 D3.2 13-00753 D3.3 13-01107 END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING DOUBLE POLES AND PROBLEMS WITH COMCAST. 13-01076 E-Mail-Double Poles and Comcast.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez Note for the Record: Item D2.1 was continued to the December 12, 2013, Regular Commission Meeting. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM FOLLOW UP ON RECRUITING. 13-00723 Email - Recruiting.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D3.1 was continued to the December 12, 2013, Regular Commission Meeting. DISCUSSION ITEM UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D3.2 was continued to the December 12, 2013, Regular Commission Meeting. DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES City ofMiami Page 114 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 D3.4 13-01203 D3.5 13-01204 NA.1 13-01379 ORDINANCE. 13-01107 Email - Compliance with Financial Integrity Ord.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D3.3 was continued to the December 12, 2013, Regular Commission Meeting. DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING ILLEGAL BILLBOARD. 13-01203 E-Mail - Illegal Billboard.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D3.4 was continued to the December 12, 2013, Regular Commission Meeting. DISCUSSION ITEM FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS. 13-01204 E-Mail -Audited Financial Statements.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D3.5 was continued to the December 12, 2013, Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES NON AGENDA ITEM(S) DISCUSSION ITEM CHAIR SARNOFF RECOGNIZED AND WELCOMED BACK THE CITY MANAGER, JOHNNY MARTINEZ. DISCUSSED Chair Sarnoff Morning. All right, Spence -Jones would say it again. Good morning. The Audience: Good morning. City ofMiami Page 115 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: Morning; we're awake. Chair Sarnoff All right, I heard that from the cops in the audience. That was good. You guys still have a voice over there. Welcome to the November 21, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are "Willy" Wilfredo [sic] Gort, Vice Chair; Frank Carollo; Michelle Spence -Jones for her second, and great to see her here; Francis Suarez; and myself, Marc David Sarnoff, the Chairman. Also on the dais, back from Botox surgery, and having had a lifestyle lift, looking just spectacular, we have none other than Johnny Martinez, the City Manager. Applause. Commissioner Spence -Jones: Yeah. Johnny Martinez (City Manager): Mr. Chair, can I say a few words? Chair Sarnoff Oh, absolutely. Mr. Martinez: I would like to take a few minutes to say thatl am humbled and emotionally touched by all the support and patience that I received from this Commission and the Mayor. I read every text and e-mail (electronic); unfortunately, I was not in a position to answer all. I want to thank Danny; every employee for continuing to do the people's work and supporting Danny in his role as acting City Manager; great job, Danny; all the ACM (Assistant City Manager), and directors, and chiefs. I don't think we skipped a beat. Again, I want to thank the entire City ofMiami for your prayers and well wishes. I also want to thank Jackson Memorial Hospital and their entire team, including the vampire nurses that drew blood every five seconds; and the CEO (Chief Executive Officer), Mr. Migoya, for the excellent care provided to me, and congratulations to a successful referendum. Thank you. Chair Sarnoff All right, and just so you know, Johnny Martinez' surgeon who did the lifestyle lift, if you want to get him, it's 188-444-4444. I think he looks great. You could barely tell he had surgery. You could -- you know, look at the Botox. He looks great. He looks 30 years younger. Welcome back, Mr. Manager. Mr. Martinez: I'm sure, Arleta Tijeras (phonetic). Chair Sarnoff Victoria Mendez, the City Attorney; Todd Hannon, the City Clerk. NA.2 RESOLUTION 13-01359 Civilian Investigative A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Panel ATTACHMENT(S), APPROVING THE CIVILIAN INVESTIGATIVE PANELS APPOINTMENT AND TERMS AND CONDITIONS OF EMPLOYMENT OF CRISTINA BEAMUDAS EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL, SUBJECT TO ADHERENCE OF ALL CITY OF MIAMI POLICIES AND PROCEDURES DURING THE TERM OF HER APPOINTMENT. 13-01359 Legislation.pdf 13-01359 Exhibit.pdf CONTINUED Note for the Record: Item NA.2 was continued to the December 12, 2013, Regular Commission City ofMiami Page 116 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Meeting. Chair Sarnoff I've just been handed a pocket item from CIP (Civilian Investigative Panel), and I'm willing to hear it, but I don't know if the other Commissioners are aware of this, at all. Have you had a chance to look at a pocket item? My understanding of the pocket item is to hire a executive director. And you're recognized for the record, Mr. -- Tom Corbitz: Corbitz. Chair Sarnoff Mr. Corbitz is here. Mr. Corbitz: Sometimes I do show up. Chair Sarnoff Now we have a really high-priced lawyer standing up here. Mr. Corbitz: Good morning, ladies and gentlemen. My name is Tom Corbitz. I'm the chairperson of the Civilian Investigative Panel here in the City ofMiami. If you will recall during the budget discussions, this -- we already budgeted for an executive director, so as of today, all we're asking you to do is to appoint the executive director that we believe is appropriate. Ms. Beamud -- her name is Cristina Beamud -- she's the person who founded the Eugene, Oregon's Civilian Oversight of their police department. As of late, she has been the director of Atlanta, Georgia's Civilian Oversight of their police department. She is a previous board member of the National Association of Civilian Oversight of Law Enforcement. We think that she is perfect for this job. She has been here a couple of times. We've met with her. We did have an open search for her. She has the kind of talent that brings national reputations and national experience to our City, and in times like this, we do need people who know about civilian oversight. I think that we couldn't -- we can't go wrong with this lady. What we're asking you to do today -- so I don't think we need 4/5ths vote; we just need to pass the resolution -- is to appoint her. The budget has already reflected that her salary is in there. This is the salary we're discussing and it's a standard salary package, so that's why we're here today. Chair Sarnoff All right. Can we just hear from our personnel director or director of HR (Human Resources), 'cause I'd like to hear that some process has gone through and -- And Ms. Klose -- Amy Klose (Director, Employee Relations): Hi. How are you? Chair Sarnoff -- can you just address the Commission? I mean, you're asking us to do something by pocket. Maybe you're not -- Ms. Klose: No. Mr. Corbitz: We are. Chair Sarnoff -- but we're being asked to look at something by pocket item, which -- give us the reason for the pocket item as best you can tell and whether this person is a person you 're recommending. Ms. Klose: Okay. I really don't know anything about this, so ifI can be -- maybe we can table it and bring it back? Mr. Corbitz: Yes. Vice Chair Gort: I only ask that you could table it because I haven't seen anything either. City ofMiami Page 117 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff I -- it was just handed to me, andl know that they're here right now. Why don'tI do this: I'll table you -- 'cause I know you are all medium- to high-priced lawyers, and I'll -- what 171 do is I'll bring it up after the brownsfield [sic], which I think will take up quite a bit, and then if any Commissioner has an objection or wants -- Commissioner Carollo: Yeah. Mr. Chairman, I just -- Mr. Corbitz: Yes, yes, of course. Commissioner Spence -Jones: I was just trying to understand why is it a pocket item? Is it some -- is it an emergency right now? Is that what it is? Mr. Corbitz: Well, it is an emergency, because she's living up in Boston right now, and we've been basically keeping her under hook now since before the budget issues and whatnot. If you'd like -- Commissioner Spence -Jones: Why didn't we just put it on the agenda then? Mr. Corbitz: Staff? Commissioner Spence -Jones: So let's just to -- I -- Horacio Stuart Aguirre: Mr. Chair -- Horacio Stuart Aguirre, chairman of the Budget and Finance Committee of the Civilian Investigative Panel, City ofMiami. I do apologize. It was my understanding that the resume from Ms. Beamud had been circulated to City Commissioners a couple of months ago. If it has not, I truly apologize. We have been operating without an executive director for about four months. With me is Mr. Charles Mays, independent counsel to the Civilian Investigative Panel, former Assistant City Attorney, who has been very graciously acting as chief administrator for the CIP on site. I think we would agree to, what, a four-hour, five -hour deferral or something like that? Chair Sarnoff Mr. Aguirre, I think what you're trying to tell us is if we don't grab this lady now, she may go somewhere else? Mr. Aguirre: She is, I would think, highly marketable. This is a woman who's a mature adult practicing lawyer for about 40 years, highly respected by the Department of Justice and other civilian oversight agencies, and think she's quite marketable. And right now we are operating without -- Chair Sarnoff But do we know? Do we know that she's on the verge of taking another position? Mr. Aguirre: I don't know that for sure. Chair Sarnoff 'Cause I -- every Commissioner has to be scratching his or her head saying, "How by pocket should we be doing this?" Commissioner Carollo: Yeah. Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Yeah. Andl think what's happening is that every Commissioner up here wants to be flexible -- Mr. Aguirre: Agreed. City ofMiami Page 118 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: -- and wants to, you know, accommodate, but at the same time -- andl know I am -- we're pretty much saying, "Wow. All of a sudden, our five-day rule is thrown out the window. We just received this. Now we're sort of" -- I wouldn't say ` pressured, " but, yes, if we don't make a decision now, we may lose this person, and all of a sudden, it's like, well, where was the planning? I mean, yeah. Mr. Aguirre: I've got to ask something, ifI may, with all respect: I thought that we had made the petition in excess of the five days. Had we not, Mr. Mays? Charles Mays: I'm Charles Mays, independent counsel for the Civilian Investigative Panel. We got a resolution presented last week. Apparently, we may have dropped the ball from the standpoint of actually delivering the same to you all individually, and to the extent that that was done in error, obviously, I will accept responsibility for that. We're not necessarily in fear that Ms. Beamud will be engaged by someone else, although that is, indeed, a concern. We wanted to start her on December 9, and we'll obviously have no problem at all in deferring the matter until such time as we have met with you all, but notice that the reason that we're here is only because the code, itself, the City provision governing the CIP authorizes the CIP to appoint an executive director; however, that appointment is subject to the approval of the Commission. Vice Chair Gort: Right. Mr. Mays: And that's the concern. Chair Sarnoff Have you voted to appoint her? Mr. Aguirre: Yes. Chair Sarnoff You have. Mr. Mays: Oh, yes, sir. Chair Sarnoff Okay. Mr. Mays: Yes, sir. Vice Chair Gort: That was my question. Mr. Mays: We did that some time ago. In fact, the reason that the Commission graciously increased our budget was so as to allow for the appointment of an executive director. We have been doing our best from the standpoint of trying to operate in the absence of an executive director. I confess, I'm a simply lawyer, and you mentioned earlier the medium-priced lawyer. Chair Sarnoff High-priced lawyer or medium-priced ? Mr. Mays: No, a volume priced lawyer. Chair Sarnoff All right. Mr. Mays: But I'm not necessarily an administrator. Vice Chair Gort: He's a public servant. Chair Sarnoff I understand that. Mr. Mays: Thank you. City ofMiami Page 119 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff So is there anything wrong with you bringing this to the next Commission meeting, which is December 12? Vice Chair Gort: Well, they'd like to -- Chair Sarnoff I don't want to make -- I don't want to sit with tabling stuff because, you know, you're going to sit here, and you're going to wonder when we're going to get to it, but is there any -- does anybody see a problem with December 12? Commissioner Carollo: I don't see a problem. Mr. Mays: I don't necessarily see a problem with it. I'll just inform Ms. Beamud -- Chair Sarnoff Let's just -- Mr. Mays: -- that instead of coming on December 9, she needs to adjust accordingly. Chair Sarnoff Mr. Clerk, it's a pocket item; we just -- we don't need to take any action? ToddB. Hannon (City Clerk): Just defer it to December 12. You're fine, sir. Chair Sarnoff All right. Mr. Mays: Thank you so much for your time and attention. Thank you. Commissioner Carollo: And Mr. Chairman -- Chair Sarnoff Go ahead. Commissioner Carollo: -- ifI may suggest, can it just come as a regular resolution? Chair Sarnoff Yes. Mr. Hannon: Certainly, you can make that request. Commissioner Carollo: Yes. Could we just see it in the regular agenda as a resolution at the next Commission meeting, which I think is December 12? Mr. Hannon: Yes. The City Manager will ensure that it's placed as a resolution on the agenda for December 12. Chair Sarnoff And couldl recommend that Amy Klose brief us all so that we know the qualifications -- Commissioner Carollo: Absolutely. Chair Sarnoff -- and whether she comports with it? You're recognized. Vice Chair Gort: My understanding is this is equivalent to the Miami Parking System and DDA (Downtown Development Authority) and all those boards where you -- the board members decide on who they want to appoint as a board member and who the executive director is, then do all the interview. I don't think it has to go through our ER (Employee Relations) system. I think they're independent. They just come in front of us to confirm. City ofMiami Page 120 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Mr. Mays: That is correct. Vice Chair Gort: That's my understanding. Okay, thank you. Chair Sarnoff All right. Mr. Mays: Thank you so much for your time. Chair Sarnoff Thank you. Mr. Corbitz: Thanks for your time. NA.3 DISCUSSION ITEM 13-01380 NA.4 13-01381 VICE CHAIR GORT RECOGNIZED AMBROSIO BERTOLOTTI, VICE CHAIR OF WORLD FEDERATION OF THE CHAMBERS OF COMMERCE IN THE CITY COMMISSION CHAMBER. DISCUSSED Vice Chair Gort: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Gort: I'd like to have a privilege. At this time, I'd like to introduce Mr. Ambrosio Bertolotti, who's here. He's the VP ice President) of World Federation of Chamber of Commerce, better known as AICO (Association of Latin American Chambers). He's going to be participating with us next year in the Hemispheric Conference, and I'd like to introduce him over here. Chair Sarnoff Come on up, sir. Vice Chair Gort: And I'd like to give him -- present him a gift, if you allow me, of -- Chair Sarnoff (UNINTELLIGIBLE) the Commission. Vice Chair Gort: -- in behalf of the City of Miami. Applause. Vice Chair Gort: As you know, international trade is very important for us in the City of Miami. And this is the World Federation. He just got off the plane. Presentation made. DISCUSSION ITEM COMMISSIONER SPENCE-JONES BID GOODBYE AND THANKED THE CITY OF MIAMI EMPLOYEES, CITY MANAGER, CITY ATTORNEY AND CITY COMMISSIONERS FOR THEIR DEDICATION AND COMMITTMENT TO MAKING THE CITY OF MIAMI THE BEST CITY IN THE WORLD. DISCUSSED Commissioner Spence -Jones: As we adjourn the meeting, I just really wanted to, once again, thank all of the City employees, our City Manager, our City Attorney. It has been a awesome, City ofMiami Page 121 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 awesome journey. As you know, just in case for those folks that are watching may not understand the process, but we do have a new Commissioner, Commissioner Keon Hardemon; young, bright future, very excited about what he's going to do in the City. He actually was elected on Tuesday, but because of the process, Friday, he's actually -- Vice Chair Gort: Wait a week. Commissioner Spence -Jones: Right. So next Wednesday, he'll have his swearing in, and we will be back to welcome him to City Hall. But I wanted to officially say good-bye and to say thank you so much for your love, support, and prayers. I want to especially thank my colleagues. It has been an interesting journey over these last two years. I am actually ready for the next chapter of my life. I want to also clear up right now so now one has to have -- no rumors will float -- Spence -Jones is in no way interested in working in City Hall. She will not be working in District 5. She will not be the chair of the CRA (Community Redevelopment Agency) and any other crazy things that one may be thinking Spence -Jones is doing. Spence -Jones is going to focus on her family, focus on her future, and putting things in place for the next chapter in my life. So I've had two City employees said, "Oh, Commissioner, we're glad you're going to remain the chief of staff. " Like you crazy? Not interested. So -- but I will be still fighting for my district and for my community and supporting our district Commissioner. And while we do have some great things that we started, he has some bright ideas himself, and he's going to create his own legacy. So with that being said, I really appreciate all that you guys have done and will continue to do to make my district the best place to live, work, and play. Vice Chair Gort: Mr. -- Chair Sarnoff You're recognized, Commissioner. Vice Chair Gort: Ms. Spence -Jones, I'm sorry I was not here in the meeting with everybody, but I'd like to tell you there -- it's been a pleasure to have been serving with you. I think your dedication not only to your community and to the employees of the City ofMiami have been tremendous. Your love that you have for this community and this City is well taken care of it, and I commit it and promise to keep working. And the commitment, what you started, I'm going to make sure it gets finished. Commissioner Spence -Jones: Appreciate that. Vice Chair Gort: I'll be there, okay? Commissioner Spence -Jones: Appreciate it. Vice Chair Gort: Thank you for your service. Commissioner Spence -Jones: Thank you. Vice Chair Gort: I appreciate it, andl know you got a great future. Commissioner Spence -Jones: Thanks. Vice Chair Gort: You're a great lady. Commissioner Spence -Jones: Thank you. I appreciate it. So -- Commissioner Carollo: Mr. Chairman, I agree. Chair Sarnoff You're recognized. City ofMiami Page 122 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: I echo what Commissioner Gort said, and at the same time, let you know that it truly has been a pleasure working with you. You know, at least I could say I'm going to miss you. I'm looking forward to Keon also coming, but I am going to miss you, andl do believe that you've served District 5 very well, and at the same time, I'm sure Keon is going to continue and will be serving District 5 very well, so I'm -- Commissioner Spence -Jones: Thanks. Commissioner Carollo: -- looking forward to working with him also. Thank you. Commissioner Spence -Jones: Thankyou. I'm waiting for some flowers to come from the back again. Chair Sarnoff I didn't know. I should have had them. Here's to the toughest Commissioner I've ever debated in my life. Here's to the toughest lady I've ever met in my life. Commissioner Spence -Jones: Outside of your wife. Chair Sarnoff She's pretty tough, too, you're right. Commissioner Spence -Jones: I know. Chair Sarnoff You guys are a good -- you'd be a good tag team. As I said to you earlier at the last Commission meeting, I did enjoy the debate. IfI ever -- if the debate ever got personal, it was my fault, andl apologize for that, 'cause I never want to get personal. I have the utmost respect for you. I really do. I used to always say to everybody in the backroom, What's Spence's position on this? 'cause I needed to know, 'cause you are a tough -- you're tough and -- but you're -- you're tough, but you're fair, you're honest, and you're very revealing. And like I said, we'll never agree on many things, Spence -- Commissioner Spence -Jones: Me? Chair Sarnoff -- because we've not walked in each other's shoes at all, but I respect the shoes you walk in -- Commissioner Spence -Jones: Thankyou. Chair Sarnoff -- andl think you ended up respecting the shoes that walk in. I will say this to you: If I had the name Spence -Jones and your looks, I'd be President of the United States. Commissioner Spence -Jones: Aw, thankyou. So thankyou, guys. I really appreciate it. I will not be here for the afternoon meeting. I just want to make sure that you know that I -- I do want to mention that I don't thinkl have any other items. The only item I have is one that you and I share, which is this whole Wal-Mart issue. You know, I've been very supportive to them from the standpoint of all the stuff that they've done with me for these kids in Haiti, but not only that, you know, the jobs that come to the district. I won't be here, but I at least wanted you to know that was my position. I won't be here to vote on it, but I do want you to at least know my position. So with that being said love you guys, love you guys, love you guys, and let's continue to make the City ofMiami the best place to live, work, and play. Chair Sarnoff Would you come back and visit? Vice Chair Gort: (UNINTELLIGIBLE) back. City ofMiami Page 123 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Spence -Jones: I need a break. Applause. Chair Sarnoff All right, we'll be in recess until 3 o'clock. NA.5 RESOLUTION 13-01358 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA Commissioner Frank DEPARTMENT OF TRANSPORTATION TO CEASE ANY AND ALL TREE Carollo REMOVALS WITHIN THE CITY OF MIAMI ON CORAL WAY BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY ATTORNEY TO PURSUE ANY REMEDIES IN LAW OR IN EQUITY TO PROTECT THE TREE CANOPY IN THE CORAL WAY SCENIC TRANSPORTATION CORRIDOR FROM HARM. 13-01358-Legislation. pdf 13-01358-Submittal-Commissioner Carollo.pdf Motion by Commissioner Carollo, 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 Carollo Absent: 2 - Commissioner(s) Suarez and Spence -Jones R-13-0470 ToddB. Hannon (City Clerk): Let's see ifI can get Commissioner Carollo. Chair Sarnoff Okay, we have Commissioner Carollo's pocket item. Commissioner Carollo: Thank you, Mr. Chairman. I know Mr. Tom Martinelli is here, so I'd like to begin by thanking FDOT, Florida Department of Transportation, for being here. I asked that they be here and possibly present a plan so it will be, you know, for the record. I'd also like to thank my colleagues for allowing me this time certain and for all the neighbors that are here and believe in historic preservation. My intention with this pocket item is to have a healthy discussion and not to have an acrimonious dialogue. At the same time, I want to make sure that I -- I want to make sure that we project our historic designated corridor. As many of you recently heard -- andl do mean recently -- the Florida Department of Transportation revealed their plan to remove at least 5 banyan trees and 61 black olives from our historic Coral Way Corridor from 37th Avenue to 13th Avenue. I am presenting a fact sheet that was distributed by Florida Department of Transportation in the last few days, months. I'm not really sure when it started, but I've learned about this recently. But if you see in their fact sheet, it stipulates work to be performed: Landscaping, trimming trees, and removing damaged and diseased trees. IfI could, I'd like to show at least where the banyans, which are the banyans that they have identified. This is one of the banyans that have been identified on 13th Avenue and Coral Way. And by the way, Commissioners, these banyans align both District 3 and District 4, so it affects two districts. However, I truly believe that this is not just a district item. This is a citywide item, because whenever anyone speaks about the historic corridor in Coral Way, they don't say "in District 3" or `District 4"; they say, "in the City ofMiami." So this is one of the banyans that, if you see clearly, marked for removal. It is on 13th Avenue and Coral Way. Could we go to the next one? Here is another one. This is on 27th Avenue and Coral Way. Go to the next one. This one's on 29th Avenue and Coral Way, and actually, this is not in their plans. There is one marked in their plans on 29th Avenue and Coral Way, which is this one. However, if we could go back, this one is also on 29th Avenue and Coral Way. It is not marked for a removal, but you could clearly see the "X" is there, that this banyan tree is going to be removed, or at least it's City ofMiami Page 124 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 marked to be removed. Could we go to the next one? That one is marked. Here's another banyan tree that is marked for removal. And if we could go to the last one. This is the last one. Thanks to many homeowners association, we had a town hall meeting, and prior to that town hall meeting, we had a walk along with the Florida Department of Transportation where we went -- at leastl did -- tree by tree, andl actually was joined with a certified arborist that works for the City ofMiami and Mr. Herms [sic], also from our City Public Works Department, to see if these actually were damaged or diseased trees and see what were their perspectives because, obviously, at least from my perspective, we shouldn't remove any of these historic trees. I don't want to put words into their mouth. I'm sure that they could speak on their own, but in the -- in essence, at least our certified arborist did not believe that all of these trees needed removal, but again, I won't put words into their mouth. In recent days, a movement by the homeowners and the various homeowners association prompted a town hall meeting with FDOT, Representative Rodriguez, Commissioner Suarez, and myself which was duly noticed by the City Clerk, and many, many of the residents. I think their voices were loud and clear, that they did not want any removals, and furthermore, some thought that -- and believe that some of the pruning was going to hurt the canopy in Coral Way. In that meeting, and to their credit, the Florida Department of Transportation represented that they will not remove the 61 black olives at least for a year that was originally planned on being removed, and they stated that at least for the time that they prune the rest of the banyans, which is approximately three weeks, they will not remove these banyans. However, there was no commitment on their part that they will not remove these banyans, and at the same time -- andl mean permanently -- listen, we're going right into the festive season. You know, we have other holidays coming. There's only one Commission meeting in December. And to be honest with you, I want to have some assurance on the record, and should we need to make any type of legal claim, I want to make sure that everybody understands the position of the City and that our City Attorney has the -- at least the go-ahead from this City Commission to stop any of this removal from this historic corridor that, in all fairness, if you believe in historic preservation, then you should believe that none of these trees should be removed on this scenic transportation corridor. Thank you. With that said, Madam City Attorney -- and again, I don't know if -- I know Mr. Martinelli is here. I don't know if he wants to put anything for the record, but I plan on -- and I spoke with our City Attorney -- going forward with my resolution as is. Tom Martinelli: Commissioners, Chairman, good afternoon. My name's Tom Martinelli, Florida Department of Transportation. And I just wanted to say that, first off we're happy to be here, and secondly, based on the community's input, we're reevaluating the entire project. And as we said on Tuesday at the town hall, we are committed to not removing the banyans off Coral Way. Commissioner Carollo: At all. Applause. Commissioner Carollo: Because when we spoke at that meeting, you said that you're committing not to remove them for the next three weeks while the State and the City talk, compare notes, whatever, but the bottom line is that should at that time, you proceed with removing banyans, we have no recourse, and I'm not sure if our City Attorney has the needed requirement for her to file suit and try to stop it, so that's why I wanted to go along with my resolution, to make sure that we are crystal clear with regards to our position. Mr. Martinelli: Absolutely, Commissioner. And it is the Department's belief that the banyans -- those five banyans, in particular, are in pretty poor shape, but we're more than happy to sit down and go through, tree by tree, branch by branch with the City, and even taking it to the Historical Preservation Board, if need be, to get this item resolved, but rest assured that we're not going to touch those banyans or remove the banyans, I should say, for this project. Commissioner Carollo: Madam City Attorney, what do you need then from us, from this City ofMiami Page 125 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commission, to make sure that the banyans are not touched or should you need to proceed with any legal action -- and by the way, I don't want this to be an acrimonious -- Mr. Martinelli: Absolutely, you're right. Commissioner Carollo: -- you know, meeting. In all fairness -- Mr. Martinelli: I agree. Commissioner Carollo: -- you know, we have been working as soon as we found out about it -- at least I found out about it -- we have been working together with you, and it's been, you know, a good dialogue. But at the same time, I want to make sure that it's not just a dialogue and -- you know, listen, this was prompted on us at a whim. I didn't know about it. Lots of residents came to me. I made a commitment to Shenandoah Homeowners Association that will bring this resolution forward, and as many residents see, I -- when I commit to something, I do it. So I just want to make sure that the City is protected, because, listen, those trees were here way before I was here, so I want to make sure that they belong here and stay here for many, many years to come. Mr. Martinelli: Absolutely. And Commissioner, in moving forward in whatever we do on that corridor, we'll go ahead and notify you, make sure that we get a hold of you and have a meeting with you as to whatever project goes on in that corridor. Commissioner Carollo: And in all fairness also with Commissioner Suarez -- I know he's not here -- but he was at -- he attended that meeting, and he expressed his opposition to removal of these trees also, soI want to make sure that happens. Madam City Attorney, do you need anything -from this Commission? Victoria Mendez (City Attorney): Thank you, Commissioner. Basically, this resolution is just urging the Florida Department of Transportation not to cut any of the trees and giving the City Attorneys Office the ability, if necessary, to discuss with DOT attorneys, and DOT staff and things of that nature. So the best thing would be to pass this resolution just so that DOT knows the Commission's position on the fact that they do not want these trees cut, and then it also gives me the flexibility to be able to assist in this regard. Commissioner Carollo: Okay. And again, what my intention is for this to be in a friendly manner -- Mr. Martinelli: Collaborative, absolutely. Commissioner Carollo: -- unless -- obviously, you know, 'cause realistically, this is -- this should be no brain -- at least see as a no-brainer, andl think that historic corridor, which, by the way, I think your own statute, State statute, you know, designates it as a historic highway, and there's certain requirements for the removal and pruning. With regards to the pruning, there was at least one to two people in that meeting -- and mean the town hall meeting -- that was concerned with regards to the pruning. Could you elaborate on that? Could you --? Because what a lot of -- well, what those people were concerned about that some of that pruning would actually take away a lot of the canopy and would actually hurt the trees. Mr. Martinelli: Commissioner, there is a certain level of expertise thatl have and landscaping isn't one of them, but from what I have understood is that the pruning and trimming will be minimal in order to preserve much of the canopy in order to -- for safety reasons. That's really the reason we're going through with this, for maintenance and safety reasons. So it's going to be minimal, just to preserve the safety of those users of the corridor, pedestrians and vehicular users alike. City ofMiami Page 126 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Commissioner Carollo: AndMr. Manager, would it be possible -- and you being a former FDOT director or secretary -- Mr. Secretary, is it possible for you to be -- or our City Administration be in communication with FDOT administration or at least the people doing the work to make sure that --? you know, we have arborists. Mr. Martinelli: Yes, sir. Commissioner Carollo: I know I see one there that was so kind to walk with me the whole Coral Way Corridor, going tree by tree. So is it possible that, you know, we can --? Johnny Martinez (City Manager): I'd like to work with them and get something a little more binding that they're not going to touch the frees; not just in three weeks, but in our lifetime. Commissioner Carollo: Okay. And again, I want to work with FDOT -- Mr. Martinelli: Absolutely. Commissioner Carollo: -- and we have been working together, but at the same time, I think there are a lot of residents that wants to make sure that we don't get -- I don't want to use the word "swindled" but the bottom line is that everything is done properly and correct. Mr. Martinelli: Fair enough. Commissioner Carollo: With that, I move my resolution. Chair Sarnoff We have a motion. Is there a second? Vice Chair Gort: What's the resolution? Commissioner Carollo: It was passed with the agenda. It was actually passed with your agenda. Ms. Mendez: It was submitted with the agenda, but I have a copy here. Vice Chair Gort: Would you read it, please? Ms. Mendez: Okay, I will read it. The resolution was read by title into the public record by the City Attorney. Vice Chair Gort: Second for discussion. Chair Sarnoff All right, we have a second. We have a Jane Thede that wishes to speak. Commissioner Carollo: AndMr. Chairman, I'm sorry; I think there's going to be a lot of people that wish to speak. I'm just being noticed, so there may be other people that wish to speak. Jane Thede: There are few people in here know me and most of you don't. I'm Dr. Jane Thede, Bachelor of Science banking; Bachelor of Science zoology; doctor of veterinarian medicine. I came to Miami in 1967. I had been here on several occasions, and quite frankly, I was floored at the magnificense of the banyan trees. And when I found out that somebody has been trimming those, I cannot believe it; you do not trim a banyan tree. You leave those roots alone. That's what sustains a tree. I cannot understand why anybody took it upon themselves to trim the roots away from the tree, andl think this has been mishandling on somebody's part, andl think if City ofMiami Page 127 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 you'll give enough nutrition and enough water to those trees, they'll come back. And that's what I've got to say, and thank you. Chair Sarnoff Thank you. Anybody else wishing to be heard on Commissioner Carollo's pocket item, please step up. Elvis Cruz: Commissioners, Elvis Cruz, 631 Northeast 57th Street. Two brief points I'd like to make. The resolution I've just heard goes to 13th Avenue. That may be a typo. Did you mean 13th Street, perhaps? Thirteenth Avenue would exclude all the banyans that are in the Roads; is that correct? Commissioner Carollo: Their fact sheet says to 13th Avenue. In other words, they're not thinking of going beyond 13th Avenue, at least that is my interpretation. Mr. Martinelli: The entire scope of the projects. Mr. Cruz: Okay. Commissioner Carollo: Okay. In other words, yes, that's the scope of the project. That's why I didn't go beyond. I went beyond the scope of their project in removal of trees. Mr. Cruz: And lastly, just to make a brief point about botany, and I'll try not to bore you too much. Banyan trees, as the good Dr. Jane Thede just mentioned, they drop aerial roots. Those are called adventitious roots, and they can be induced to grow. So quite often, instead of trimming or cutting a banyan branch, you can induce it to drop those aerial roots, which once they touch the ground, will soliclin, into another trunk and make it much stronger. That's an avenue you may want to consider. Chair Sarnoff And you do that by tickling them between 5 and 6 o'clock in the evening. Mr. Cruz: With a feather. Ms. Mendez: Mr. Cruz, if you want to look at the fact sheet. Chair Sarnoff Yes, ma'am. You're recognized for the record. Josefina Sanchez Pando: Dr. Josefina Sanchez Pando, 2110 Southwest 24th Terrace. Commissioner Carollo, I need to add one more word to your proposition. You stated not to have the banyans removed. Good verb. You need another one. Not to have them trimmed like the doctor said. The word, "trim" needs to go there, because there is nothing more dangerous than to give one of those hatchets to one of those poor men whose job it is to take home the pay to feed their children slaughtering those trees that have taken so many years, have withstood all of our hurricanes. They're there. They're there. They're there to remind you, and you, and you that nature is getting mad at us. We have enough typhoons. We have enough water coming up. We have everything. Do not cut -- what happened? What was the problem? In Louisiana, the last hurricane, the overflow of the Mississippi, they had chopped down the barriers of the small trees that grow near the water, and because there was no barrier of trees and roots there, that water destroyed the City of New Orleans. We need trees. People, study. Please, do not let unknowledgeable persons do what they might think it is right, but it is absolutely and technically wrong. Suppose this is a banyan tree? These are the banyan trees. This is the middle. The tree grows to one side and to the other side more than half of the way of Coral Way. In 1964, '65, the first time that the gentleman sitting there was Mayor Ferrer, Manolo Reboso, Rose Gordon -- Commissioner Carollo: Theodore Gibson. City ofMiami Page 128 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Vice Chair Gort: Father Gibson. Ms. Sanchez Pando: No, no, wait, wait, wait. J. L. Plummer and my very, very good friend, the reverend. They planted those small olive trees. They were 10 to 12 feet high above. And don't you let them trick you. They say, "Oh, no, we're going to plant here 12 feet high." Twelve feet counting -from where to where? Do not count me. That ball of roots that you have to put underneath a tree, because that's four -- that's five feet that have to go there, and eight minus five becomes a very little tree. When they were planting those trees, I told Maurice -- because I was a friend -- I am a friend of his, and I call him by first names. Maurice, they're very tiny." And he said "That's all we have money -wise to plant, Josefina. They will grow, and you will be here to see them 30 feet high." And said, "Well, if it's a matter of money and we don't have anymore, I believe in planting just even a seed, because if properly nurtured, that seed will grow into a beautiful tree that you cannot build, you cannot build, and you cannot build. Trees are not built. You can make a thousand -story high building; build it. You can't build a tree. That belongs only to God, and who are we to take into our hands what they believe? When you start pruning -- that's the word -- Commissioner Carollo, no pruning. When you start pruning, those branches that go half -way out, that meet the black olives that have already grown, and there are some streets, some that have met, and you have a beautiful canopy, not all. Just walk. I would ask you three to walk for -- start walking towards Sears at 22nd Avenue. From 22ndAvenue to 23rd Avenue, we don't have one tree left on the swale. You know, people don't like trees, because they shed leaves, and they get the front of their stores dirty, and the branches get into the way of their signs, so let's chop down the tree. They know that you can't chop down a tree, so what do we do? We start poisoning it. Just takes a little Clorox once a week; the tree will dwindle. The tree will die. The tree is dead. Clorox is not very expensive. That's the way it's done, sir, 'cause I know the nitty-gritty and the dirty work that they do on trees. Remember, in South Miami Avenue, 15 years ago when they wanted to chop down our beautiful red corridor of the trees, I stood there. I went to the Historic Preservation, and they stood up for the trees, and they're still there. One or two died and they were replaced right there, and then with big ones. We have gorgeous trees there. Do not prune them. You just heard the specialist say those roots are not to be touched. Those are aerial roots. Those branches are not to be touched. No, you cannot. You'll hurt them, like if -- you're kind of fat, so I'm going to trim you down, Commissioner, so I'll cut both arms so you can't spread out. You'll grow straight. You will grow two arms. But you won't. Please see that it's done properly. Stand for those trees. They cannot speak for themselves. You speak for them. You want to have your children and your grandchildren enjoy them, like I have been enjoying them for 50 years and as I have fought for them four times. This is time number four. Because if you start walking from 13th Avenue towards Sears -- I never know where's east, or north and south, so don't make me walk north in an avenue. Give me a landmark and I'll walk towards Sears, whatever that direction is. Vice Chair Gort: You're going west. Ms. Pando: Walk towards Sears and you will see then on 13th Avenue there is a swale for the left turn of the traffic. Here we stand, machine against man and against nature. There were -- there is a turn on 13th, a turn on 17th, 22nd, 32nd, 35th, and the sixth one, you get to Sears. You have one street here and another street here. This is Coral Way and this is the street interrupting. This is 17th. This is 22nd So three of the big humongous ones -- not even those; these are the smaller ones -- were removed on this side of the street and three. Six times six is thirty-six in mathematics if you add it, if you multiply it, if you just go six by six. Thirty-six were removed. We couldn't help it. Traffic. We needed a left turn. The automobiles, progress, money; "let the trees go to hell. Who cares?" Thirty-six went down. You have the Miami Herald there; just get the records, first page: "Couple of crazy ladies chained themselves to those trees." I'm very proud to be one of those crazy ones. I'm very proud to have done it. we couldn't save them, and I haven't cried enough, 'cause there wasn't that sensitivity in the public that we have now that you can arouse a typhoon of people to get out there and protect what belongs to them, 'cause it belongs to your children and to your grandchildren that you don't have, and you have no right, City ofMiami Page 129 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 no right, sir -- Chair Sarnoff Doctor, in conclusion. Ms. Pando: Add the other verb and see that the employees -- see that it is not done. Stand, fight the State. Fight the State. We're strong enough. When we have the truth in our hands, you can fight for it, sir. It's not a matter of whether you like it, or he likes it, or whether I don't like it. It's a matter of a truth, a fact. The facts, sir, are there. Chair Sarnoff Thank you. Ms. Pando: Those trees would be fine. Chair Sarnoff Thank you. Ms. Pando: Thank you very much. Applause. Ms. Pando: Do not touch the trees. Chair Sarnoff You're recognized. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. I'm going to be very concise in my comments. I'd like to thank Commissioner Carollo, Commissioner Gort, and also Chairman Sarnoff, who I know has always been a great protector of trees here in our Coconut Grove. I'd like to just say one thing that think: One, everyone in this room should be standing up here in support of keeping five 70-year-old banyan frees; and two, I'd like to request that FDOT shake like a tree and leave. Applause. Chair Sarnoff You're recognized for the record. Lucita Moran: IfI could just say a few words please. I've been here since 1942. I grew up looking at those beautiful trees, as my parents did. Dr. Paul George is a very good friend of mine. He said not one leaf should be removed from -- that is a historic site and it is in writing that nothing should ever be done to any of those trees. Fertilize them. Take care of them. They are God's property. I think it's obvious what's going on with the weather situations all over the globe. There's horrendous things happening that have never happened before. I think God is not very happy with the stewards of this planet, which is the human race. As far as those black olives goes, I can't believe that they were taken out. They hurt nothing. They're beautiful. They're great shade trees. Unfortunately, greed seems to be the order of the day of these times. I come from a generation where people knew each other, and neighbors, and cared about things. We were strong. Miami is now a very hectic city to liv in. It's very stressful. There's so much traffic and divorces, so forth and so on, which gives an open door to the wrong kind of people to call the shots for us, because we're so involved in just surviving in the city now, but as Dr. Paul George said and the young lady before me, that is a historic site. It is not to be touched. You take care of those trees. You fertilize them. You love them. You nurture them and they will go on and live, okay. They're a special interest in our heart here. I am not that savvy about politics, okay? I am just a native Miamian, andl did graduate with Willy Gort in --from Miami High in 1960, andl appreciate his love of nature for this city. We grew up here. And any consideration you will give these trees and any other beautiful natural things that the Lord has blessed in this City, please preserve it for future generations to enjoy, as we were blessed to do. Thank you. City ofMiami Page 130 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 Chair Sarnoff Thank you. Anyone else wishing to be heard on Commissioner Carollo's pocket item? After this, I'm closing the public hearing. Luis Herrera: One little thing. It's historic tree, and that's what we need, historic. Thank you. Chair Sarnoff Thank you. All right, so we had a motion and we had a second. You want to amend? Commissioner Carollo: Mr. Chairman, I don't have a problem with including ` pruning, " but that was the purpose of having our Administration meet with their administration and work together because -- and we have arborists here. We have certified arborists. But I want to make sure that the proper treatment is given to those trees, so they live as long as they can and we can preserve them for as long as we can, but -- so I don't know if at certain times it's proper to cut some of the old and already limbs, but again, I'm not an expert in it. I just want to make sure that the proper things are done and that the public feels that all -- you know, all is done to preserve these trees, so I don't have a problem with adding the pruning to my resolution. I just want to make sure that it's proper to do that by one of our arborists or our City Attorney, if you feel -- Ms. Mendez: What we can do is to cease any and all improper tree trimming, pruning, or removals within the City. I think then that should cover it. Chair Sarnoff Who's the arbiter of proper? Ms. Mendez: Hmm? Chair Sarnoff Who is the arbiter of proper? Ms. Mendez: Well, if it -- obviously, if it's any tree trimming that, as Commissioner Carollo described as trimming that complies with industry standards or is trimming just to make sure that the tree is viable; nothing that would, obviously, effectively remove or hat rack it or trim it in a way that is not -- Vice Chair Gort: Do they have to pull a permit? Ms. Mendez: Yes. Vice Chair Gort: It's required that they take it -- pull out a permit. Ms. Mendez: Yes. Vice Chair Gort: How about it -- Commissioner Carollo: So -- you know what? Vice Chair Gort: No, let -- Chair Sarnoff Let Commissioner Gort talk. Vice Chair Gort: -- Carollo finish. Chair Sarnoff All right, go ahead. Vice Chair Gort: Look, we want to make sure -- because let me tell you what happens. You have crews that are subcontract to go trim a tree. They go up there and they start cutting away. They City ofMiami Page 131 Printed on 12/18/2013 City Commission Meeting Minutes November 21, 2013 ADJOURNMENT don't even know what they're doing and so on. Now, my understanding, DOT made a statement -- and correct me if I'm wrong -- that they're going to work with you very closely, and they're going to look at the trees, and if they find that some of them are sick, that they're going -- willing to go even to historical board and apply for it. Now, from what I'm hear [sic] -- I'm not an expert in this -- is these trees can be cure; these trees can be taken care of so make sure there are people, and work very close with them, and if they say the tree can be saved, to be saved, because those sites have been there forever. Okay. Chair Sarnoff All right, so Commissioner Carollo -- Applause. Chair Sarnoff -- has made -- has modified his motion. Does the seconder accept the modification? Vice Chair Gort: Yes. Chair Sarnoff All right. Commissioner Carollo: And that's to include the pruning; removal and pruning. Chair Sarnoff Yes. Susan Battle: May I speak for one moment? Chair Sarnoff Go ahead. Ms. Battle: Hi. My name is Susie from Azucar Ice Cream, andl want to commend the Board and Commissioner Carollo for going past the -- what he needed to do about these trees. We also have a situation similar in Little Havana on 8th Street, so I'm very happy to see what's going on here, because I would like the same to be done for us. Thank you very much. Thank you. Vice Chair Gort: You didn't bring any ice cream? Ms. Battle: My name's Susan Battle from Azucar Ice Cream. Vice Chair Gort: Susanna [sic], did you bring any ice cream? Ms. Battle: No. Next time. Chair Sarnoff All right, so we have a modified maker, modified seconder accepting. All in favor then, please say "aye." The Commission (Collectively): Aye. Commissioner Carollo: Thank you. Chair Sarnoff Okay, let's go into the PZ (Planning & Zoning) agenda. Applause. The meeting adjourned at 10: 27 p.m. City ofMiami Page 132 Printed on 12/18/2013