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HomeMy WebLinkAboutCC 2013-12-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 12, 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 Keon Hardemon, Commissioner District Five Johnny Martinez, P.E., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 12, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA 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 1/15/2014 City Commission Meeting Minutes December 12, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Hardemon On the 12th day of December 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: 28 a.m., recessed at 12: 24 p.m., reconvened at 4:13 p.m., recessed at 4:35 p.m., reconvened at 4:53 p.m., and adjourned at 6:40 p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9: 29 a.m. and Commissioner Carollo entered the Commission Chambers at 9: 30 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Sarnoff I want to welcome everybody to the December 12, 2013 meeting of the City of Miami Commission in these historic chambers. The members of the Commission are Wilfredo [sic] "Willy" Gort, the Vice Chair; Frank Carollo; newly minted and good looking, Keon Hardemon -- Unidentified Speaker: (UNINTELLIGIBLE). Chair Sarnoff I got -- it's something on here; I can't be debating, so I'm just trying to brown out. -- Francis Suarez, and myself Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by the newly minted Commissioner Hardemon and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PRESENTED 1) Mayor Regalado presented a Retirement Salute to Deputy Fire Chief Reginald Duren in honor of his 31 years of service to the City ofMiami and his distinctive imprint as a leader of Fire Rescue teams working together for the just and consistent implementation of innovative strategies that promote the general welfare of all Miamians; furthermore extending sincere congratulations on becoming the new Fire Chief for the City of Riviera Beach, Florida. 2) Chair Sarnoff presented a Commendation to Marcia Cypen as an Outstanding Citizen, honoring a 30-year record of extraordinary public service; furthermore applauding her meritorious work as Executive Director of Legal Services of Greater Miami, Inc. and her dedication to a solid commitment to women, children, seniors, veterans, people with disabilities, low -wage workers and the homeless by maintaining oversight of free legal services to more than 30,000 people each year. Chair Sarnoff All right, we'll now make the presentation and proclamations. The City ofMiami Commission recognizes our Mayor, Tomas Regalado. Presentations made. City ofMiami Page 3 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY Chair Sarnoff Okay, so we could take up this -- Is there a motion for CA.1 through 3 on the consent agenda? Oh, let me apologize, 'cause he's going to remind me. Commissioner Carollo: Mayoral vetoes. Chair Sarnoff Yes. Mr. Clerk, are there any -- approval of any meeting minutes that we need to take care of? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the October 24, 2013 Planning and Zoning meeting minutes. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Are there any mayoral vetoes? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Sarnoff Okay. Chair Sarnoff We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Victoria Mendez (City Attorney): Good morning. 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 date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. 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 City ofMiami Page 4 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 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. The 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. Please note: 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 which items, if any, are either being withdrawn, deferred, or substituted. Thank you. Chair Sarnoff All right, Mr. Manager, on behalf of the Administration, do you wish to make any changes to the agenda today? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff You're recognized. Mr. Martinez: PH.9, defer to January 23. Vice Chair Gort: PH.9? Mr. Martinez: Yes, sir, PH.9. SR.1, continue to January 9; RE.3, withdrawn; RE.16, withdrawn. Chair Sarnoff Is that it? Mr. Martinez: That is it. Chair Sarnoff Any Commissioners wish to make any modifications or changes to the agenda? Vice Chair is recognized. Vice Chair Gort: The CA.4. Chair Sarnoff You want to pull it or you want to --? Vice Chair Gort: I want to pull it for later. I mean, I want to -- Chair Sarnoff Pull it for discussion. Vice Chair Gort: -- speak -- for discussion. Chair Sarnoff Okay, so CA.4 will be for discussion. Any other Commissioners wish to make any modifications or changes? All right, is there a motion as stated? Motion by Commissioner Suarez. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. All in favor, please say aye." The Commission (Collectively): Aye. City ofMiami Page 5 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 CONSENT AGENDA CA.1 RESOLUTION 13-01226 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A CONTRIBUTION TO THE PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. (P.U.L.S.E.) "HOTSPOT" CAMPAIGN, IN AN AMOUNT NOT TO EXCEED $40,800.00; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001 AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 13-01226 Summary Form.pdf 13-01226 Memo - Hotspot Campaign.pdf 13-01226 Affidavit of Compliance.pdf 13-01226 Legislation.pdf 13-01226 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0478 CA.2 RESOLUTION 13-01334 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $164,459.78, FOR A ONE (1) YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. 13-01334 Summary Form.pdf 13-01334 Invoice.pdf 13-01334 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0479 CA.3 RESOLUTION 13-01133 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN City ofMiami Page 6 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINAAT BAYSIDE FOR THE PRESENTATION OF THE "STRICTLY SAIL MIAMI" VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, COMMENCING FEBRUARY 8, 2014 THROUGH FEBRUARY 19, 2014, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 13-01133 Summary Form.pdf 13-01133 Legislation.pdf 13-01133 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0480 Adopted the Consent Agenda CA.4 13-01372 Honorable Mayor Tomas Regalado Motion by Commissioner Hardemon, seconded by Vice Chair Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 34TH STREET FROM NORTHWEST 2ND AVENUE TO NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS "DR. ALICIA S. BARO WAY," FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 13-01372 Alicia Baro 1918-2012.pdf 13-01372 Street Map.pdf 13-01372 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0481 Chair Sarnoff All right, Commissioner Gort's recognized for CA.4. Vice Chair Gort: Thank you. CA.4 is the naming of Alicia Baro Street [sic], andl believe it's very important thatl read a little bit, because it's good to go back in history 'cause a lot of things happens today and we don't know why, so it's very good that this is in front of us guys. I'm going to read something that the Herald wrote when she passed away. Alicia Baro, an icon in the Puerto Rican community and movement, passed away this morning. Alicia Baro dedicated her life in ensuring that rights of Hispanics, women, and other minorities in political representation, education, and employment. Born in San Lorenzo, Puerto Rico, Baro was reared in New York City. She graduated from prestigious Hunter College in 1940. After relocating to Miami, she City of Miami Page 7 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 actively opposed deplorable treatment of migrant workers in Miami, which spark her political participation and led to formation of the Puerto Rican Democratic [sic] Organization. During the 1970 and 1980, Baro became involved in organization for women and blacks. She was the founding member of the National Conference of Puerto Rican Woman [sic], the Coalition of Hispanic American Woman [sic], and the Woman Chamber of Commerce of South Florida. She's the recipient of numerous awards and honors, including Distinguished Service Award from the 18th District of Florida Congressional Delegation, the City ofMiami. Baro was featured in July in Julia's Daughters, a book highlighting historical Dade County women. And in 1995, NC -- NACOPRW institute the Annual Alicia Baro Achievement Award. Also like to recognize at this time Felix Ramo, who begin Borinquen --he was a Puerto Rican who began the -- back in the '50s, he begin the pharmacist called Borinquen right there in downtown Miami. And Danielle Rivero, a Puerto Rican who started development real estate here in Miami. These three individuals what created what today is Wynwood and the area that we recognize so much today. So it's an honor for me to move this resolution. 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 iiye. " The Commission (Collectively): Aye. Vice Chair Gort: Thank you. Chair Sarnoff Thank you, Commissioner. END OF CONSENT AGENDA Chair Sarnoff Now, with regard to consent, do we want to move CA.1 through 3 since there's been no call for discussion? Is there a motion? Commissioner Suarez: Move it. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Hardemon [sic]; second by Commissioner Gort. All in favor, please say aye." The Commission (Collectively): Aye. City ofMiami Page 8 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 13-01291 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND Economic URBAN DEVELOPMENT ENTITLEMENT GRANT FUNDS, IN THE TOTAL Development PROJECTED AMOUNT OF $18,793,745.00, AS STATED HEREIN, FOR THE FOLLOWING PROGRAMS: COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS, AND THE EMERGENCY SOLUTIONS GRANT, FOR PROGRAM YEAR 2014-2015; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF THE ACTUAL AMOUNTS OF GRANT FUNDS WHEN MADE AVAILABLE FOR SAID PURPOSE. 13-01291 Summary Form.pdf 13-01291 Notice to the Public.pdf 13-01291 Pre-Legislation.pdf 13-01291 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0482 Chair Sarnoff All right, I think we're at the PHs (Public Hearings). PH.1. Mr. Mensah, you're recognized for the record. George Mensah: Good morning, Mr. Chair, Commissioners. This is George Mensah, director of Community Development. As you know, these allocations are for the year 2014 to 2015. During the summer and the fall, the director -- the Community Development Department worked with all -- we had meeting -- public meetings in all Commission districts to talk to the community about these impending allocations. At that time we discussed our annual action plan and our consolidated plan for the coming years. As you know, the federal government has not enacted a budget yet, and therefore, the City ofMiami does not know the exact amount that it will receive for the coming year. What we are required to do is to use the amounts that we receive this current year to plan. In February 1 -- on February 1 -- between February, we will come back to City Commission to make an allocation for our various public service agencies and our Community Development agencies. At that same meeting, we will present our consolidated plan and our annual action plan for approval by City Commission, which will then be sent to HUD (US. Department of Housing and Urban Development). So this is a preamble for this particular meeting. This is typically the meeting that we usually have a special Community Development meeting day to have, but we are part of the agenda today. So I go to PH.1. PH.1 is the acceptance of all federal funds, in the total amount of $18. 7 million for the Community Development Block Grant fund, Home Investment Partnership program, Housing Opportunities for Persons with AIDS (Acquired Immunodeficiency Syndrome), which is HOPWA, and the Emergency Solution Grant program for program year 2014-2015; authorizing the City Manager to execute the necessary documents to implement the acceptance of the actual amounts of grant City ofMiami Page 9 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 funds when made available for said purpose. Chair Sarnoff All right. Does anybody want to make a motion? I'll open up a public hearing. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on PH.1, please step up. Mr. Muhammad, you're recognized for the record. Grady Muhammad: Good morning, Mr. Chairman, Commissioners. Grady Muhammad, president/CEO (Chief Executive Officer) Miami Dade First, 5426 Northwest 7th Avenue. We're in favor of it. Again, there's no budget currently so they're really not real numbers. These are more like conceptualized numbers, but again, we have to definitely with the little small CDBG (Community Development Block Grant) dollars we have, we must use them efficiently, wisely, and spend them in a timely manner so we don't lose any more federal funding, because the needs are real great. Commissioner Hardemon, 50 percent of federal revenue sharing comes to this City, CDBG, because your citizens track, demographics, density of poverty, poverty statistics, and demographics of poverty. We have to make it sure -- when you're talking about the jobs, we got to ensure companies, 'cause companies, corporations, businesses create jobs. They don't come out of the sky, and that's one of the reasons why we have to ensure all of these funds that are getting to any organizations or businesses, Section 3, jobs, all of the things that they talk about has to be enforced. Thank you, Commissioners. Chair Sarnoff Thank you. Anyone else wishing to be heard on PH.1, PH.1. Public hearing is now closed. I just have one question, Mr. Mensah. As a result of the deal or agreement that was reached by the federal government yesterday, do you have any idea how this will affect funding or (UNINTET,T IGIBT,F) -- ? Mr. Mensah: Yes. Chair Sarnoff It will? Mr. Mensah: Yes. We currently under sequestration. These deal -- remove sequestration, so -- Chair Sarnoff You still -- Mr. Mensah: It removes sequestration. So what it does is that the House and the Senate now has to enact a budget. There's currently budget for the top funding, which is transportation and HUD funding in the Senate and in the House. The Senate has approved their budget. The House has approved their budget. And we, as in the industry, are recommending that they adopt the Senate budget. The Senate budget increases funding for both these programs, which means that if the Senate budget is approved, we will get additional funding more than what we noted here. Chair Sarnoff So more than the 18.7? Mr. Mensah: That's correct. Chair Sarnoff Okay. So that's sort of a worst -case sequestration scenario? Mr. Mensah: Yes. City of Miami Page 10 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PH.2 13-01292 Department of Community and Economic Development Chair Sarnoff Okay. All right, anybody else wishing to discuss this? Commissioner Hardemon: I have one more question. If we do indeed get more than we allocated for here or we're requesting, that amount will be split evenly amongst all the different appropriations that are coming for PH.2 through, what is it, 4? Commissioner Carollo: Seven. Commissioner Hardemon: Seven? Mr. Mensah: Yes. Basically, what has happened is that when the amounts get increased, then any allocation that is made will proportionately be increased. So if we get a 10 percent increase, then every allocation made here will have a 10 percent increase. Chair Sarnoff All right, any further discussion? Hearing none then, all in favor, please say "aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF PROGRAM YEAR 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE PROJECTED AMOUNT OF $4,310,994.00 TO THE ACTIVITIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, BEGINNING APRIL 1, 2014; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. 13-01292 Summary Form.pdf 13-01292 Notice to the Public.pdf 13-01292 Legislation.pdf 13-01292 Attachment A. pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0483 Chair Sarnoff PH.2. George Mensah (Director, Community Development): PH.2 is authorizing the allocation of program year 2014-2015 CDBG (Community Development Block Grant) funds, in the projected amount of approximately $4.3 million, in the subcategories that is provided, and these categories are: Public Service, 646, 649, an additional program income of 112, 500, for a total of 759,149; Administration, 862,199; Code Enforcement, 670,000; and Economic Development Activities, 2 point -- approximately, $2.1 million. Chair Sarnoff All right. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. City of Miami Page 11 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Carollo: I have a question and it's, I guess, geared to Director Mensah, but also the Manager and the Administration. Since 2010, this Commission passed a resolution urging the federal government to change the flexibility cap from 15 to 25 percent. I know we've made great strides, and it seems like a lot of times when we're getting there, there are certain gridlocks that doesn't make it happen because -- It's pretty clear that we actually have bipartisan support. Mr. Mensah: Yes. Commissioner Carollo: About a month ago, I received an e-mail (electronic) from our legislative liaison requesting for us to indicate what were some of our priorities, and before I could say what are some of our priorities, this is definitely a priority, andl think the Commission has spoke loud and clear, because we've all been to Washington to fight for this, including the Mayor, andl requested to see where we are with this, andl still haven't had a clear answer. This -- if we change the flexibility clause portion, we clearly would benefit the City ofMiami, because it seems where the big need is, is in public service. It would definitely help with timeliness and the whole nine yards. So I still haven't had a clear answer where we are, so I'm -- you know, now that we're bringing this up, I want to ask from our Administration -- and I don't know if it's you, Director Mensah; I don't know if it's the City Manager or our legislative liaison, but I want to know where we are. Mr. Mensah: I can -- Commissioner, I can update you. Last year -- in January, usually, the National Community Development Association, which I'm the director of goes to Washington and we talk to our legislators. Last year I spoke to both -- legislators on both on the Senate side and the House side, and we had -- like you said, we had a bipartisan agreement that this is a very important thing that helps the cities, not only City ofMiami, by give the flexibility to entire nation so that people can use more of their CDBG funds for public services. What happened is that the legislation were all tied to the budget, so unless there's a budget agreement, nothing can happen. So I think that this year is a very good opportunity for us because now the Senate and the House are both going to enact their budget. So the idea is to approach our legislators again this year and remind them that that legislation is still pending and let them charge this to the budget. I think that if we do that this year, we stand a better chance of having a successful -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff Go ahead, continue. Commissioner Carollo: And that's exactly why I'm bringing it up, because -- let me see how I'm diplomatic, at the same time firm, but not too over -- Listen, I just don't want us to be asleep at the wheel, put it bluntly, and I'm afraid that we're going to be asleep at the wheel, especially when now there's an opportunity. We've had bipartisan support. I have not heard anything about this. I have requested, you know, what's going. I have not heard anything. So I'm thinking, are we going to be asleep at the wheel again and this is not going to happen? And you -- I don't have to tell you, Director Mensah, how important this is. Mr. Mensah: Yes. And just for your information, at the public service meetings, which I believe our CFO (Chief Financial Officer) attended, the agencies requested to also go to Washington, DC (District of Colombia) in January, andl have offered an invitation to all the agencies, at least their representatives to come with us, because I think that legislators tend to listen to voters more than staff and so, if they go, maybe that will help us. And, yes, this is something that is on the agenda. I've already spoken to the congressional liaison to start making the arrangement for us to be able to talk to them about this, Commissioner. Commissioner Carollo: Okay, andl think that's very important, because I still haven't heard anything, even though I've requested what's going on with it. And if that's happening, you know, I think it needs to be a movement that all of us are involved. And, again, I just don't want to miss City ofMiami Page 12 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 the boat. I just don't want to miss an opportunity, especially where I believe we've been so close. We've had bipartisan support from the Senate, from the House. And, again, it seems because of the gridlock, we haven't been able to accomplish this, but that doesn't mean that we shouldn't continue trying, and we should all team up together and see where we're at. If something's happening in January -- listen, we're in mid -December already with the holidays -- January's around the corner, so I want to make sure what we're doing so we could all move forward and work, you know, prudent and in a way where, you know, we're not rushing in the last minute and we all could verify our calendars and so forth. Chair Sarnoff All right, Commissioner Gort. Vice Chair Gort: No. I think he wants to -- Chair Sarnoff Do you want to respond? Kirk Menendez (Intergovernmental Affairs Liaison): No, just -- Kirk Menendez, Office of City Manager. And I'm in agreement with both Mr. Mensah, Commissioner Carollo. There has been gridlock. Bills have been presented, as you may recall from the Representative Diaz Balart in the past. They've gotten -- once they get to committee, they've stalled because of the gridlock between the Republicans and Democrats. But opportunities are on the horizon. We will work closely with Mr. Mensah's department and hopefully have an opportunity to go to Washington and make some progressive ground on this issue. So we'll work together and make it happen. Commissioner Carollo: Mr. Chairman, follow up? Chair Sarnoff Can I just let Commissioner Gort go -- Commissioner Carollo: Sure. Chair Sarnoff -- and then I'll give (UNINTELLIGIBLE). Grady Muhammad: Mr. Chair, you never opened up the public hearing, Mr. Chair -- Vice Chair Gort: (UNINTELLIGIBLE) my understanding -- Mr. Muhammad: -- for item 2. Chair Sarnoff No, no. We're not -- Mr. Muhammad: We're on item 2. Chair Sarnoff I -- there has not been a public hearing opened. I'm aware of that, Mr. Muhammad. Mr. Muhammad: No problem, sir. Chair Sarnoff Commissioner Gort is recognized. Vice Chair Gort: I think we have the right to make a few questions. Mr. Muhammad: Of course, of course. Vice Chair Gort: My understanding is -- and all of us have been going to Washington. We've been talking to the senators. We've been talking. And we see the dealings and wheeling that takes place up in Washington. I think the idea of us going back and continue the work that we've City of Miami Page 13 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 been doing for the last two years and bringing the agency -- I think the agencies are very important, 'cause they can better explain the services they provide for their community. At the same time, I think we got to show them the economic impact. By helping these agencies, we save money and other sources. Chair Sarnoff All right, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And, again, I'm going to be diplomatic about it, because my intent is not just to cause a lot of commotion, and yes, yes, we're flying to Washington again; ah, we're fighting this and that. I want it to be productive. I'll be very clear. I don't want to fly to Washington ifI don't have to, so I don't want to take away time from my family, okay. So my intent is not to say, "Oh, we're going to Washington again. Yeah, yeah, we're in this fight, rah, rah, rah." No. I want it to be productive. I want to see where we're at. And we've had bipartisan support from Frederica Wilson, Debbie Wasserman Shultz, Ileana Ros-Lehtinen, Mario Diaz-Balart. I mean, we've had bipartisan, you know. So I want to see where we are. I want to have a plan. This is what we need to do. This is -- you know, if we need to be out there, if we need to go back to Washington, if we need to bring the agencies, if we need to bring people, okay, but I want to have a plan, 'cause I want us to be productive. 'Cause I've been to Washington already quite a few times on this issue andl want to know, okay, where are we? Are we at the goal line? Are we at the 10, at the 20, at the 30-yard line? Where are we with this, because, again, my intent is not to be this rah, rah session. My intent is to get this done and be able to have the flexibility cap raised from 15 to 25 percent. Mr. Mensah: Commissioner, I understand exactly what you're asking us to do. What -- I will talk to the government liaison and go to our lobbyists in Washington and let them give us a report -- status report on where we are, what has been filed and what we can do next so that -- and it's reached to all the Commissioners. Commissioner Carollo: Exactly. And we should have a plan so all of us -- Mr. Mensah: Yes. Commissioner Carollo: -- know what the plan should be and then we all work jointly to see if we could further it. Mr. Mensah: I agree. Commissioner Carollo: Thank you. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Just to finish this. Lobbyists in Washington, they've been very informative to us. They has send us report. At the same time, last year they requested that we talk to our agencies and ask our agencies to call their elected official and send letters, andl hope we did that, 'cause that was very important, because this will be the follow-up to that. And everybody committed, but like you said, it -- wheeling and dealing was taking place, so -- but I think, like everyone stated, this is the time to do it. So let's -- we got lobbyists over there; let us know what's happening. That's all they're asking here, give -- keep us informed. Chair Sarnoff All right, let me open up a public hearing. PH.1 -- PH 2, if you wish to be heard. Mr. Muhammad, you're recognized for the record. Mr. Muhammad: Again, Mr. Chairman, thank you. To follow-up Commissioner Gort, we must -- all 435 House members must run again for re-election next year, all 435 House members. We must press them. We must make this a campaign issue. We must press Frederica Wilson, whose City of Miami Page 14 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 district covers our community. We must press all of the Dade delegation to ensure we get this done, and we get this done. We need to pass the 50-yard line, Commissioner Carollo. We must stop playing. Not going to DC (District of Colombia) to keep playing. Sequestration only is going to be reduced by 73 percent, according to Paul Ryan. In a couple of years, it's going to be reduced by 92 percent, according to him in a budget agreement, but with this here and our congressional members, we must press them, get writers pass other amendments to do this. And on the agenda, we're going to do 670, 000. Code Enforcement is a great needed. I think we should also use these funds, since some of these funds going to go back from the Mayor's anti poverty initiative from the County. We're going to put that $275, 000 back into the general fund. It's allowed, but it's comingling of funds, 'cause we're taking general funds; we're giving it to CDBG, and we refunding the general funds with program income from CDBG. The 670,000 for Code Enforcement is a proprietary issue. If there was no CDBG, the City has to enforce the Code enforcement and you, by law, technically can't use Community Development Block Grant through Code Enforcement to fine or cite homeowners and/or businesses, unless there's a retroactive corresponding agreement to assist those businesses that you find relating to homeownership or violations for businesses. We got to likewise bring some assistance from Community Development to assist them in comply with those Code Enforcement issues that was brought up. Thank you all. Chair Sarnoff Thank you. Mr. Cruz, you're recognized for the record. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street. No, give me an opportunity now to mention about the Congress and the problem that we get. You know, we got problems here, 'cause I am a Democrat. I been a Democrat since 1976, and you know, the director here or the Democratic Party, they call us -- some of us democratic. You are the Cuban mafia. They use the same derogatory thing that Castro use, that we are -- and we don't have no power in Tallahassee, no power. The Democratic -- and we're the majority in Florida, and we don't have -- we have to go back to the times, andl remember, because I was here. Dante Fascell was here. I deliver his mail in Biscayne Park. Claude Pepper. Now that they -- used to work bipartisan and everybody, and now I really don't know where -- Washington is not working. I don't know what the problem is. It's not problem, election or anything, but we got to make sure that the people are elected to take care of the people, not to do -- And many, what they doing now, they have a private agenda. They want to take care of themsellf and that's -- I agree with Commissioner Carollo, from my hometown. I have an old tape of your -- Graciela defending your brother when he was mayor there, so I remember. I have it there. I'm going to bring it to you. We working together. We're working together. Andl agree with the department. The people, they doing good. We spending the money. And one thing have to say, Commissioner Gort. I am so happy to see 28th Street fix. I live there for 50 years in the neighborhood. That -- 28th Street from 12 to 17th never been fixed. Now, you could see there. It looks -- it was looking like I was in the 5th Avenue in New York there. Thank you. Chair Sarnoff Thank you. You're recognized for the record. Renita Holmes: My name is Madam Renita Holmes; address 350 Northwest 4th Street, Lebray Place, here in regards to item PH.2. It's a good time now that we can begin to focus and be consistent in the application of Community Development Block Grant funds. And for me, I've been waiting for this, because basically, the jobs in the community are really important. Working across the community with those who are most impacted around public housing and those who are ex felons that are returning home now, I recognize that the Liberty City Trust is a great program with infill housing and code enforcement. When I look at what the County does in District 3 versus what we do in District 5, I see more targeted efforts, andl hope that we can have a more comprehensive approach in the application of these priorities, more balance. There have been innovative measures utilized by the County and the County Commissioner. There's always this thing about the County Commissioner doesn't get along with the City Commissioner, particularly when we talk about District 5 and others. There's always this -- or this overcasting City of Miami Page 15 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 thing that other people want us to be distracted about when it says that the Cuban community and the Cuban regime of politicians up here don't get along, but people need jobs everywhere. There are poor people in every districts [sic]. And for me, seeing those who are most impacted right now since we don't have those funds and since we're not into leveraging and utilizing those acts and those policies and those priorities that -- and coincide with what the County does, I'm asking you to take a look and have more conversations with them, that we all align ourselves to go and make sure that those who are most impacted, the ex felons, can work on these Liberty City Trust jobs, can work like it does through DDA (Downtown Development Authority). DDA is working wonderfully. I see people in my community and fathers sustaining their families, mothers working together. I'd like to see us apply that more in District 5. I'd like to see us just adopt that policy. And lastly, it helps us when we go to Washington to say that we utilize 924.935, say that we have more understanding with Section 3, because when it was created, we did that as per -- as this public housing, and we did it without money. Andl hope that we can talk some more about this innovative way of practitioning [sic] and avoiding having to have those violations. Chair Sarnoff And in conclusion. Ms. Holmes: And in conclusion, if we do so, it would help us meet those violations and people who are most impacted and entitled won't be going to Washington, particularly mothers saying that, `I can't get my sons jobs in my community. Chair Sarnoff Thank you. All right, anyone else wishing to be heard on PH.2? Hearing none, seeing none, coming back to this Commission. Any further discussion? Hearing no further discussion, all in favor -- Todd B. Hannon (City Clerk): Excuse me, Chair. I do not have a motion at the -- Commissioner Suarez: Move it. Commissioner Carollo: Move it. Chair Sarnoff Sorry. Motion by Commissioner Carollo. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any further discussion? All in favor, please say iiye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 13-01296 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOME Economic INVESTMENT PARTNERSHIP PROGRAM FUNDS, IN THE PROJECTED Development AMOUNT OF $2,739,022.00, FOR HOUSING PROGRAMS, FOR PROGRAM YEAR 2014-2015, IN THE CATEGORIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO LOW INCOME HOUSEHOLDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 16 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 13-01296 Summary Form.pdf 13-01296 Notice to the Public.pdf 13-01296 Legislation.pdf 13-01296 Attachment A. pdf Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0484 Chair Sarnoff PH.3. George Mensah (Director, Community Development): PH.3 is authorizing the allocation of Home Investment Partnership program funds, HOME (Home Investment Partnership Program) funds, in the projected amount of approximately $2.7 million for program year 2014-2015, and the areas are housing programs, 965,120; program administration, 273,902; District 2 Homeownership, $1.5 million. Chair Sarnoff All right, does anybody want to take this by motion, then we'll do a public hearing? Vice Chair Gort: Move it. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Gort; second by Commissioner Suarez. Public hearing on PH.3. Anyone wishing to be heard on PH.3? Mr. Muhammad, you're recognized for the record. Grady Muhammad: I've talked with the deputy director of Housing and -- because, as I stated long time ago, Commissioner Teele started the program in '99. It went from District 5; they take all the CDBG (Community Development Block Grant) and put it there. That was dissolved. Then it went to District 1, then in District 3; now it's District 2. But even with the funds in District 1 -- in 2, it's almost an impossibility, because even in the West Grove where these homes -- or these funds are supposed to be allocated, 1.5 million for the last two or three years, it's impossible to buy some of these homes. You're talking now almost two, three -- $200, 000 or more, so even some of the wooden frame homes and others, it's going to be almost impossible to buy some of these homes in the West Grove. And like I say, from what I've heard, these funds will be put out accordingly on a citywide basis, because there's not enough properties. You're talking 33 properties; 1.5 million. It's not going to happen. So these funds will be not what's it -- more or less recaptured; they'll just be put on a citywide basis so all the Commissioners have an opportunity to do it. Andl think with the housing program, we have to literally start to buckling down with these single-family homes from the rehab to the new construction, and we have to look at how we be able to maximize all of the NSP (Neighborhood Stabilization Program) monies, all of the Section 8, all of the model rehab funds. We have a lot of funding. We have a lot of-- we have SHIP (State Housing Initiative Partnership Program)surtax, ESG (Emergency Shelter Grant), andl think we need to make sure all of these programs are working, 'cause I'm knowing right now, especially for the homeless that's coming up, there's a couple families, two and three members of the family, husband and wives with three or four children, and they're homeless. So I'm not sure what the City of Miami's homeless outreach is with ESG. That's on another item, but I can assure you, these family needs help, and we have to start to courting these programs, Mr. Chairman. Thank you. Chair Sarnoff Thank you. You're recognized for the record. City of Miami Page 17 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Jumel Calixte: Good morning, Commissioners. I just wants to congratulate Mr. Hardemon -- Chair Sarnoff Before you do so, could you give us your name and address? Mr. Calixte: (UNINTELLIGIBLE) Jumel Calixte, from Little Haiti. And l just want to congratulate Mr. Hardemon for winning the Commission District 5. The reason why I'm here -- and when you're talking about housing and it just -- I wonder, we in Little Haiti, we see so many empty houses, so many, you know, people, you know -- when -- so many empty houses where homeless people come, you know, and make my community look bad. I wonder, does -- and when you say like $3 million, is it going to be for the whole district or for one district? Mr. Mensah: (UNINTELLIGIBLE). Mr. Calixte: 'Cause the reason why I'm saying, we in Little Haiti, we never -- Chair Sarnoff Why don't you do this: Why don't you get your questions out and then we'll answer your questions. Mr. Calixte: Well, I just want to elaborate a little bit, you know. Like I said, we in Little Haiti, we never have a fair share of the pie. Whenever there is something in the City ofMiami, we always absent, we always, you know -- like, you know -- and l just wonder if we in Little Haiti can have a fair share of the pie also. Mr. Mensah: Okay. Chair Sarnoff Okay, is that all your questions? Mr. Calixte: Yeah, yeah. Go ahead. Chair Sarnoff All right. Mr. Calixte: Yeah, I'm listening. Chair Sarnoff You can respond. Mr. Mensah: Okay, the -- just for your information, there's no distribution based on communities. The -- and the HOME program is the entire -- apart from the District 2, 1.5 million, everything's for the whole City. We have done a lot of work, particularly in Little Haiti. We've done a lot of rental housing. We've done a lot of homeownership. We work with Little Haiti Housing. So we've done a lot of things in Little Haiti. But just for your own information, it's not just -- we don't allocate funding to a particular community. We allocate funding to an entire city. Commissioner Hardemon: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Hardemon: The money that's being allocated right now to the District 2 Homeownership Zone, this is -- it's important to make sure that every single distressed community in all of the entirety of district -- I mean of the City ofMiami gets its fair share. And, I mean, as I explained earlier, there will be -- or there may be, most definitely, some problem expending those funds, because we may not be able to buy all the homes that we need to bring up to par, as I would say. So -- of course, Little Haiti is within my district, and have all the intentions of the world of supplying resources to Little Haiti, but I would let you know also that -- and I'll put it out there as an olive branch to Commissioner -- or Brother Chairman, that if you City ofMiami Page 18 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 need help spending the money that you've been accumulating -- because there are deadlines, there are deadlines to spending those monies, andl don't want those monies to go back to the federal government in any, way, shape, or fashion. But we will keep that option in mind, that we have other communities within all of our districts that are distressed. And if the money is in danger of being lost, I'm sure the Chairman would begin to siphon that money out to other communities. Chair Sarnoff Well -- and if -- Vice Chair Gort: We've done it in the past. Chair Sarnoff I think this starts with Commissioner Suarez, because this particular fund -- and I'm going to use it euphemistically, HOME, and it's the City of Miami's money -- went on a rotational basis -- Mr. Mensah: Yes. Chair Sarnoff -- to every district, and the two districts that had not gotten it yet were District 4 and District 2. Commissioner Suarez, I'm going to say two years ago, two and a half years ago, on the dais, without me knowing it, graciously gave District 2 -- it could have been a flip of coin, 'cause there was no process, no procedure -- Mr. Mensah: Yes. Chair Sarnoff -- for us to determine who the next district would be. What I -- and District 2 ended up being that recipient. And you know, candidly, what Mr. Muhammad said is pretty bluntly honest, which is it has not gone as smoothly as it -- as we had hoped. We had a plan. Plan "A" has netted us, I'm going to say, seven homes, and that might be pressing it, and that's with some County tax issues -- Mr. Mensah: Some funds, yes. Chair Sarnoff -- that we'll be able to get some properties. We're going to try one more strategy and we're going to go out to an RFP (Request for Proposals) so that somebody can come up to us and say, "We have a whole different way of looking at it," 'cause Commissioner Gort, I think, did that in District 1. Mr. Mensah: Yes. Chair Sarnoff What will tell you is if, in one year, we don't get some fraction and movement, I would be more than glad to give that over to District 4. Vice Chair Gort: We've done it in the past, all of us. Chair Sarnoff Yeah. Commissioner Suarez: Mr. Chair, ifI may? Vice Chair Gort: I remember when funds from District 2 -- from District 1 was given to -- Commissioner Suarez: Thank you. Vice Chair Gort: -- District 5. Commissioner Suarez: And I think it -- I appreciate the fact that you gave us -- kind of put it in City of Miami Page 19 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 historical context, because you're absolutely right. What -- I think it was Commissioner Teele, if I'm not mistaken -- Mr. Mensah: Yes, that's correct. Commissioner Suarez: -- who had the idea initially of -- from the HOME funds that we receive on an annual basis, essentially setting aside one and a half million dollars for a five-year period, which amounts to, I think, seven and a half million over a five-year period for each district. I think they started with District 5, if I'm not mistaken. Mr. Mensah: That's correct. Commissioner Suarez: And the last time we had to make a decision, it was whether or not we allocate the next five years for District 2 or District 4, because the other districts had already received their five-year allocation. So, you know, my thinking at that moment was there were -- I recall that there were several affordable housing projects that were being contemplated in the Grove. Mr. Mensah: Yes. Commissioner Suarez: Andl thought that the demand for projects, the demand for affordable housing in the Grove was greater -- much greater than it was in District 4 at that particular moment, and there seemed to be shovel -ready projects, you know, projects that could get done very, very quickly. Some other affordable housing developers actually came with some interesting ideas at that time too, which had to do with -- kind of what Grady was talking about -- acquiring single-family residential homes and refurbishing them and maintaining the Caribbean and Jamaican culture that has existed for decades in the Grove, andl think that also influenced my decision. Because I think what we've seen, unfortunately, in the Grove is that there's been a tremendous amount of gentrification. There's been a tremendous loss of what we would consider the historic nature of the Grove as a community, andl think it's getting smaller and smaller. And one of the fears that I had is that if we, as a city government, didn't do anything to stop that from happening, then the Grove as we know it and we've always known it would be lost forever. Maybe that's a little overly dramatic, but that's what's been happening. And as Grady was saying, you know, even a lot where you have a wooden home, which we know is dangerous for purposes of hurricanes and, you know, catastrophic natural events, the land value alone of that property is becoming extremely expensive in the Grove, and so, you know, it does present unique and interesting challenges. So I appreciate the Chairman for making that offer. I think that District 4 certainly would have a lot of need for affordable housing, particularly in the elderly community. But I will make a promise to the new Commissioner too that if, for whatever reason, that money works its way back to District 4 and there isn't sufficient eligible resources, you know, then we'll come up with something, because you're absolutely right; it would be unacceptable for that money not to be spent, not to be spent timely. Andl think the needs for affordable housing really stretch cross the whole City. I mean, it's not a district -specific need. I know that District 1 and District 3 have gotten some done recently. And by the way, the funding is not all district -specific. Before the major part -- the bulk used to be citywide, even after the district allocation. What has happened is with the cuts that we've received now, unfortunately, you see in our allocation. I remember one year the citywide allocation was three million. Mr. Mensah: Yes. Commissioner Suarez: The district -wide allocation was a million and a half, so it was basically a one-third/two-third ratio. Now what you're seeing is the citywide allocation is 900, 000. The district -wide allocation is a million and a half. So it's slightly more for one district than it is for the entire City, and I think that also is a little strange, you know, particularly if you see it for the City ofMiami Page 20 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 first time. I would -- that would definitely jump out to me. So thank you, Mr. Chair. Thank you, Commissioner. I think -- and thank you, Grady, and others [sic] members of the public who are Mr. Mensah: Mr. Chairman. Commissioner Suarez: -- expressing concerns. Mr. Calixte: Excuse me. Is it possible that I can say something now? Vice Chair Gort: Let me -- Chair Sarnoff Let me recognize Commissioner Gort. Vice Chair Gort: To answer the question about abandoned homes, we have that problem throughout the whole City ofMiami. The Law Department, the Police and Code Enforcement are working together, and they're collecting the fines of people that we secure those homes. When we get a call and we're told about a home that being abandoned and criminal activities are taking place in there, call your Commissioners and we'll talk to -- and right now we're working on a plan where we're going to go in there and trying to get them out. But you need to understand -- Mr. Calixte: You know, sir, in the poor community, the police don't come so often. You can call police for two hours -- I, myself, call police; they come like two hours, three hours. Vice Chair Gort: Okay. If you let me finish, I'll explain it to you. Mr. Calixte: Okay. Vice Chair Gort: If you let me finish, let me explain it to you. Let me tell you what happen. The police get to these homes. The guy in the home comes out with a document saying that he has the -- what do you call them? Mr. Mensah: A lease, a lease. Mr. Calixte: A lease? Chair Sarnoff A lease. Vice Chair Gort: A lease. So the police cannot act because he got a lease. So what happens is now the City is working with the police and the attorneys and making sure that a policeman will be able to go with a property owner, being a bank or being a person, and being able to evict the people from there and take them out. This is a problem we have. A lot of times the owners of banks, they're in litigation and they don't show as owner, so it's very difficult to deal with that. It's not an easy -- and we all have that problem. I just want you to know that. We are working for solutions for it. Mr. Calixte: I just want to say, you know, Little Haiti, Overtown, you know, all this City belong to the City -- all this community belong to the City ofMiami. We have to have a fair share of the pie, too. When it come to the fair share of the pie, you guys have to distribute the pie to all the community. And also before I go, when it come to infrastructures, I just want to -- I know Mr. Hardemon just got here. When you drive to Northwest 2ndAvenue, from 79th Street to downtown Miami, that street is crumbled. It's like, hey, this is a beautiful city, you know. Butl hope you guys take a note of it. And also Northeast 2ndAvenue, from 79th Street to downtown, I mean, you guys can, you know, can do something about. Thank you. City ofMiami Page 21 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Thank you. Commissioner Suarez: Thank you. Chair Sarnoff All right, going back to the public hearing, Ms. Holmes, you're recognized for the record. Renita Holmes: Thank you, Mr. Chair. Again, Madam Holmes. And I hear what you're saying andl agree. I was hearing things come through my mind when I think about the Pottinger case that's coming up on December 16 in regards to the homeless, andl remember the last time that we here and the Police's interaction and knowing that we're in a city that everyone loves to be in, so our transient and our homelessness increases. But when we talk about how we decide and what are the federal guidelines in these programs and on these public lands, we must consider the fact that some of the cause and effect occurs and maybe there needs to be an increase in understanding that it's not so much the police and the banks, because these are the issues that we must deal with the in Pottingers [sic], and we haven't dealt with that. So getting a better understanding means that we have a comprehensive plan and a strategy, which I see being enacted again, which is what wanted to give you more examples of andl think that's what you're reaching for. But when I look in West Grove, and my children are only 12 blocks away, I know that they don't have things that other folks have across that buffer, you know, in South Grove. And we did the one -stop walk, andl want to tell you I appreciate that. I think we should do another one, particularly now with the park issues. But the way that we utilize our funds to target those that the federal guidelines say you must do will not impede us anymore when we go to Washington or when one group says we're doing the best we can and another group says we 're not getting the best we can as entitlement, but we're have some great ideas. We need to do that here. So I know that -- and ifI may ask, Mr. Chair, aren't we now considering litigation on behalf of those foreclosure homes with -- as a result of the red -lining mortgages from the banks? That was an item that I believe that's continued. Have we really, truly assessed and evaluated what the real impact is; thus, we can more fairly determine what the real priority [sic] are? And if I'm right, it's not to be generally spent in each district. These are federal funds. They have a target group. They have an impact. And unfortunately, some communities have more of an impact. And when we lost those funds, we had even more of an impact, and we need to gather ourselves together. There are those who are out the door and there are those who are about out the door. Chair Sarnoff And in conclusion. Ms. Holmes: Andl think we need to come together and talk about creating a better strategy that is subsequent to the comprehensive strategy that's being utilized now at the County. I look forward to you doing this with residents of public housing and homeless persons. But I did ask the question about Pottinger. Chair Sarnoff Thank you, and I'm going to let Commissioner Suarez answer that question. Commissioner Suarez: No. I think Benda -- there's something that Renita says is absolutely right, which is that CDBG (Community Development Block Grant) -eligible funds can only be used in CDBG-eligible zones and areas, and so it's not a citywide thing in that sense. It has to be based on the income of the neighborhood. So you're right. There are areas in District 4, for example, where CDBG funding is not available. We cannot use it for street fixing. We cannot use it for home. We cannot use it for single-family rehab. We cannot use it for facade improvements, et cetera. So you're absolutely right. In terms of Pottinger, I think we're going to have a more extended conversation on that, but if we don't, then I'll talk to you about it. Ms. Holmes: If may, may I ask to be a part of that, because --? City of Miami Page 22 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Suarez: Sure. Ms. Holmes: I took the time -- I just want to ask the Chair -- and by -- in discussing it with the NAACP (National Association for the Advancement of Colored People) -- and that will be brought up again this weekend because it has an impact and we know we can make a difference. You know, I'm sitting here watching, but I was not allowed into that discussion; however, occupy persons who are not residents of the City ofMiami. The ACLU (Americans Civil Liberties Union) met in one room and the City met in another, which I took some pictures and took some information and shared that with the community because they did at least bring me back. But it was my concern that as a disabled, formerly homeless advocate for women and children in public housing in the inner-city community, one who filed a federal Section 3 complaint, along with several other orga -- I, of all people, who was also a paralegal, was denied access to represent my clients, my members, and myself, but yet, others who are not members were allowed in there. Chair Sarnoff Okay, okay. Ms. Holmes: And so I want to ask you, would it be nice if we can? And maybe we can talk about that strategy and how it coincides with what we're attempting to do. Would you, please, ensure that whoever represents the City is inclusive and fair, and would you allow me to sit down with you on that? Because I believe it was you, Commissioner Sarnoff, that initiated that. Chair Sarnoff Ms. Holmes, give me a one -sentence request. Ms. Holmes: I'd like to be a part of the discussion on -- or have a special committee on the impact of Pottinger in seeking resolutions. Chair Sarnoff Okay, we can't discuss Pottinger, at all, because of federal local rule. We may be able to discuss it very shortly. I -- Ms. Holmes: So that meeting was an illegal meeting? Chair Sarnoff I'm sorry? Ms. Holmes: Was that meeting an illegal meeting? Chair Sarnoff An illegal meeting? Ms. Holmes: Yes, sir. Chair Sarnoff I can assure you, it was not an illegal meeting. But if you have any questions about legality, please consult with your lawyer or the City Attorney. I'm not going to -- Ms. Holmes: No. Chair Sarnoff -- assure you that -- Ms. Holmes: I thought the City Attorney was my lawyer, but the City was there, but we won't take it any further. Assure you -- I mean, it's Facebook. I'm just saying -- Commissioner, please. I don't want to discuss it further if you don't. Chair Sarnoff Ms. Holmes, I'm not going to debate -- I'm not -- Ms. Holmes: I just don't want you to say something. City ofMiami Page 23 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PH.4 13-01297 Department of Community and Economic Development Chair Sarnoff I'm not going to debate you. What I'm saying is we may be able to discuss it a little later. Right now there's a local rule; we cannot discuss it. Ms. Holmes: Okay, you said it. Chair Sarnoff Thank you. Ms. Holmes: Thank you very much. I'll get with you later, Madam Attorney. Chair Sarnoff So I'm going to close the public hearing on PH.3. Anybody else wishing to speak on PH. 3? Hearing none, seeing none, closing the meeting [sic]. We had a motion. We had a second. Any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ALLOCATION FOR PROGRAM YEAR 2014-2015 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE AMOUNT OF $11,381,465.00 AND IN THE AMOUNT OF $1,000,000.00 FROM PREVIOUS YEARS' HOPWA FUNDING, FORA TOTAL ALLOCATION OF $12,381,465.00, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01297 Summary Form.pdf 13-01297 Notice to the Public.pdf 13-01297 Legislation.pdf 13-01297 Attachment A. pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-13-0485 Chair Sarnoff Okay, PH.4. George Mensah (Director, Community and Economic Development): PH.4 is approving the allocation of program year 2014-2015 HOPWA (Housing Opportunities for Persons Living with AIDS) program funds, in the amount of approximately $11.3 million, and an additional $1 million from previous years' HOPWA funding, for a total of approximately $12.3 million; and providing that attachment, which is City ofMiami Apple -- about 292,794 Apple Tree Perspective for technical assistance, 14,650; Project Based Operating Support: Miami Beach Community Development Corporation for Westchester Apartments, 28,000; Carrfour Supportive Housing for Harding Village, 28,000; Carrfour Supportive Housing for Little River Bent, 21,000. For Long -Term Rental Assistance, Housing Specialist Services: Center of Information and Orientation, 433 -- 437,980; Empower Pl,'437,980; Miami Beach Community Development Corporation, 348,230; Sunshine for All, 398,490; and Spanish American Basic Education City ofMiami Page 24 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Rehabilitation, 175,910. And then for Rental Payment: Department of Community Development, 10 -- approximately $10.1 million; and then for: Legal Services: HIV (Human Immunodeficiency Virus) Education & Law Project, Inc., 48,650. Chair Sarnoff All right. Is there -- Vice Chair Gort: Move it. Chair Sarnoff -- a motion? Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Suarez. PH.4 is a public hearing. Anybody wishing to be heard? Mr. Muhammad, you're recognized for the record. Grady Muhammad: Good. I think my biological brother, who has -- who's living with HIV, but he has no access to none of the services. He was at Beckman Hall, whatever happened, but -- 'cause I can assure you, the people who are currently now, according to the federal government and the Department of Health and CDC (Community Development Corporation), they're black. They're 16. They're 29 year -old young women. They're the ones who are the most affected in Dade County. It used to be just like Belle Glade and Pahokee; used to be the AIDS (Acquired Immunodeficiency Syndrome) capital. Now, the City ofMiami, Dade County, and the inner -cities is now the AIDS capital. So when we keep giving the funds to Miami Beach -- you know, it's just like with the AIDS part and everything, the resources has to come where they're needed, you know. It used to be -- or perception that homosexual men, it was -- that was the thing. Now, it's the real thing. It's in our community, but the funds are not going. The funds are still going to elsewhere, and we got to ensure that we have enough adequate houses within the inner-city community as well as elsewhere to ensure these funds is spent properly, andl think there -- I don't know what -- the question would be through the Chair. Mr. Director, what is the outreach to be able to inform the residents in the community that these services exist? Because, like I stated, my brother's a life-long member. He's HIV positive, and all I'm asking is -- like I say, he doesn't even have knowledge or access to any of these services and that is just a question I'm asking on his behalf to try to find out. Chair Sarnoff Are those all the questions you have, Mr. Muhammad? Mr. Muhammad: Yes, sir, Mr. Chairman. Chair Sarnoff All right. Mr. Mensah: Mr. Chair, as you know, this is a countywide program. The City ofMiami administers this. Under this program, it's providing the rental assistance in the form of a voucher. There is no restriction as to where anyone can live in the County. They can live anywhere in the County. And we -- this program is -- we have an (UNINTELLIGIBLE) program through the Miami AIDS Partnership. We have monthly meetings with the AIDS community, and they understand and they agree on everything that we do. As a matter of fact, this year we had two meetings: One in the northern part of the County and one in the southern part of the County with the AIDS community to determine whether the program that we're running is effective, whether it meets their needs. And this program has been judged one of the best run in the country, and we have not had any problem with accessing this process. Obviously, we have a wait list. There is more needs than we can meet, and this year we will try to see if we can bring a little more people off the wait list. City ofMiami Page 25 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PH.5 13-01295 Department of Community and Economic Development Chair Sarnoff Thank you. All right, you're recognized, Ms. Holmes. Renita Holmes: Thank you, Mr. Chair. And ifI would just take a moment, if you would, before you begin, to recognize my new Commissioner, Commissioner Hardemon. I apologize, but welcome. It's nice to be able to address you here now as my Commissioner. I'm looking forward to progress. On the other hand -- Madam Holmes, the Women's Association Alliance Against Injustice and Violence and Empowerment, here since 1993, in regards to the issues of women and children in African American inner-city communities, particularly the Momma project. I have recently done an assessment and in making reports, and I'd like to thank you, Mr. Mensah, because I see your strong efforts andl see the efforts of some of your staff when they're down there and they're having these meetings. I attend meetings as ifI was staff wink -wink. But anyway, we're self-sufficient. That way we, at this moment -- it's my concern that the increase in the number of homeless women and transient women and the drug activities, particularly in certain districts where there are more commercial and City institutions and agencies, that we may be amiss of just how truly impactful and just how expeditiously we need to apply some assistance or we'll be increasing those numbers. I've been dealing with the Health Department in some of the support services. Unfortunately, the homeless services need to coincide. So again, if we can think about being innovative in our strategy and utilize those strategies like we do in Chicago and then we can offer some insight and pooling the services, like Curley [sic] House and the rest. We can have more of an impact because the number's actually higher and now it's increasing because of the season and the number of homeless women that are in the streets. Thank you. Vice Chair Gort: Thank you. Anyone else? Being -- seeing none, close the public hearings [sic]. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF EMERGENCY SOLUTIONS GRANT FUNDS FOR PROGRAM YEAR 2014-2015, IN THE TOTAL AMOUNT OF $362,264.00 AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01295 Summary Form.pdf 13-01295 Notice to the Public.pdf 13-01295 Legislation.pdf 13-01295 Attachment A. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0486 Vice Chair Gort: PH. 7. George Mensah (Director, Community and Economic Development): PH.5. Vice Chair Gort: PH. 6. City ofMiami Page 26 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Mensah: PH.5. This is the -- authorizing the allocation of Emergency Solutions Grant, ESG funds, in the program year 2014-2015, in the total amount of 362, 264. And this is to Citrus Health Network for Rapid Rehousing & Homeless Prevention Program, in the total amount of $117, 735; Citrus Health Program, Administration, approximately 9,000; City of Miami Program, Administration, 18,000; City of Miami Homeless Program, Neighborhood Enhancement Team, basically for Street Outreach, $217, 358. Victoria Mendez (City Attorney): Mr. Mensah -- Vice Chair Gort: Thank you. Ms. Mendez: -- just to clam, PH.5? Mr. Mensah: PH.5, yes. Commissioner Carollo: Five. Vice Chair Gort: Five, yes. Ms. Mendez: Okay, thank you. Commissioner Suarez: Move it. Vice Chair Gort: Been moved. Is there a second? Chair Sarnoff Second. Is there a second? Second. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Public hearing. Anybody wishing to be heard on PH.5? Renita Holmes: Yes. Again, Madam Renita Holmes, with the Women's Association, citizen of District 5. Again, I want to reiterate that these are -- basically, we're going along with figures and forecast of the number of persons it impacted, and I'm seriously going to focus on the number of women which are head of household. That include children that I see -- that are coming to us for help that we're documenting. And when I look at emergency solution funds with the current projects that we have in Overtown and the Pottinger issue and the policing issue, that we really need to take a look at how we provide mental health services and how we're ready to do relocation of three: Women in public housing, homeless and disabled persons, you know, and also those persons who are victims of crimes. We have not dealt with that. We have not yet put those together. So when we talk about leveraging housing funds and creating housing programs, when we -- now we have the ESG (Emergency Solutions Grant) funds. Those entitled folks need to be dealt with because we cannot continue to ask people for money when we have those who are entitled that are not getting it and they're not getting it, andl can help you assure that they get it and that we sustain it by using this innovative strategy. I'd like to thank you, again, Mr. Mensah, for looking at the importance of it, but there are some line items here that have been unbalanced, because some of the service providers don't know how to deal with that culture, some of the service provides have not been properly trained, and some of the service providers are in violation of the use of their funds, and I'll put that as a matter of record. Thank you so kindly. Chair Sarnoff Ms. Holmes, I'm going to address you for a moment. City of Miami Page 27 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Ms. Holmes: Yes, sir. Chair Sarnoff Have you gone to the Homeless Trust meetings? Ms. Holmes: I try to get there, but when I get there, I'm just somebody just saying. They don't see my leadership or my experience and things happen. Chair Sarnoff And you're aware that the Homeless Trust has $54 million to spend annually on -- you call them homeless folks, okay. And you're aware that that is the primary person to take care of it and, I'm sure, equally aware that between all the service providers in Miami -Dade County, $140 million is expended annually on 8,000 people. I'm sure you're aware of that. Ms. Holmes: Yes, I'm assure [sic] of those facts, but people have to implement facts and processes and programs. Chair Sarnoff But -- Ms. Holmes: And even dealing with Pottinger, I'm -- I know you're fully aware -- that $693 to change these people who deal with them has not been implemented in training and so we have problems. So when you get there -- Chair Sarnoff Ms. Holmes -- Ms. Holmes: I want to respond to you and just leave -- Chair Sarnoff There's no response. Ms. Holmes: Butl do know that. Chair Sarnoff Here's what I'm trying to say. Ms. Holmes: But it's not getting to us, though, Commissioner. Why? The people on the board are the ones who know that too, but they have to implement it. Chair Sarnoff All I'm trying to say to you -- Ms. Holmes: I need your help. Chair Sarnoff -- the venue to go to for that issue is the Homeless Trust. Ms. Holmes: But need your voice. You're the attorney. You're the City. And then I get this thing about You need to go back to the City, 'br Ms. Holmes, you're a rabble rouser, 'and then people don't want to hear me talk. And you know what gets me? I'm the one that they're trying to reach. I'm the representative of those people who need to be impact. Who knows better than the mouse in the trap? Chair Sarnoff Okay. Ms. Holmes: Thank you. Chair Sarnoff Thank you. All right, anyone wishing -- else to speak on PH. 5? Hearing none, seeing none, coming back to this Commission. Any further discussion? No discussion. All in favor, please say iiye. " The Commission (Collectively): Aye. City ofMiami Page 28 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PH.6 13-01312 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ACCEPTANCE OF SECTION 8 HOUSING PROGRAM FUNDS, IN THE Economic PROJECTED AMOUNT OF $3,800,000.00 FOR RENTAL ASSISTANCE, AND Development IN THE PROJECTED AMOUNT OF $400,000.00 FOR PROGRAM ADMINISTRATION, FOR A TOTAL PROJECTED AMOUNT OF $4,200,000.00, FROM FISCAL YEAR 2014-2015 ANNUAL CONTRIBUTIONS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01312 Summary Form.pdf 13-01312 Notice to the Public.pdf 13-01312 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0487 Chair Sarnoff PH.6. George Mensah (Director, Community and Economic Development): Okay, PH.6 authorizing the acceptance of Section 8 Housing Program funds, in the projected amount of $3.8 million, for rental assistance and program administration in the projected amount of 400, 000, for a total of $4.2 million. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner -- Vice Chair Gort: Second. Chair Sarnoff -- Suarez, second by the Vice Chair. PH.6 is a public hearing. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, chairman of ABDA, Allapattah Business Development Authority, 801 Northwest 37th Avenue, Suite 212. I am here because ABDA does some of the inspections there of the Section 8, and we just allow, not too long ago, $40 in gasoline because they not only it's not local; it's Section 8. They have to go to Homestead, North Miami Beach, all around, and sometimes they got to go twice. Sometimes -- even one inspection takes care of the $40 that they receive monthly for gasoline, and we got -- see, some more of that -- more money coming for gasoline, because we have to spend money, because the City ofMiami takes care of not only people in the City; same thing with the people with AIDS; people all over the County. And remember one thing: I am here -- maybe one of the few people that don't get any salary from the City or anything. I have the time, especially the time, and the money to dedicate to be here, okay, and to work for the community, because, remember, I learn many years ago that it's not important people; just important positions. You are important when you are in that position there. The minute you out of that position, they throw away the key, they give the phone away; they don't even -- they give your car away, everything. No. The people, they -- no -- the position is important. Andl come here andl like telling people -- yesterday, I was different place. I was on the radio station too, because it's -- andl tell the people, don't call on the phone and call us. City ofMiami Page 29 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Get to the City Commission, because there you can go and you can speak in English, Spanish, Creole, patois, anything you want, but be to the Commission meeting, because those are the ones that do the decision, the people of the Commission, people in Tallahassee, people in Washington, okay. And you are a tax -- I am not a taxpayer. Luckily, since I don't have to pay taxes, I pay just Solid Waste fee 'cause -- and all the money I get is federal money, VA (Veterans Administration), service (UNINTELLIGIBLE) disability -- Chair Sarnoff And in conclusion. Mr. Cruz: Oh, remember, October, we got now that new state law, Eliminate in conclusion now," but that's all right, okay. I know that, okay. In conclusion, it's that it's good, but we need more money, a way to allow for gasoline there for the people, andl -- Chair Sarnoff Thank you. Thank you. Mr. Cruz: But you are -- oh. (UNINTELLIGIBLE) -- been going on to talk French now. Chair Sarnoff Thank you. Mr. Cruz: (UNINTELLIGIBLE). Chair Sarnoff Thank you. Ms. Holmes, you're recognized for the record. Renita Holmes: Thank you, Mr. Chair. Madam Holmes again, for the record, in behalf of the women and the Women's Association Alliance Against Injustice and Violence. The number of women that came out in the one stop walks that were surveyed throughout the City and in some County places revealed that there is an innumerous number of persons who now are transitioning women that are transitioning back into the City, those homeless women I'm talking about. The Rental Assistance Program is grand, but most of them don't make it, but they do have people in their households. I would like to ask you, ifI may, to take a look at the qualifications of those women and perhaps some of the agencies to look within the City, how they can correlate with Miami -Dade County homeless and CAA (Community Action Agency), because I have the surveys from each of the areas -- particularly from West Grove, as a matter of fact, and Overtown. Andl think have more surveys and applications from that one stop walk and follow-up that says they're not getting this rental assistance, and that says that this is not efficient amount. But in speaking with the County, again, my voice is being snubbed, because I'm one woman. You can't get a bunch of homeless women together to come downtown, and I'm beckoning that myself. So I'm asking you again, particularly District 5 and District 2, that you take a look at what's there, how the County is addressing it and leveraging it off what folks from the County actually are receiving City funds, and what people from the City that actually residents are not, you know, because the rules of qualification and the rules of selection are indifferent. Again, these are federal funds. We don't want women going to Washington again saying that throughout the years, through House of Lies, through Pottinger and all of this stuff -- we've had our time with that. We need to do some prevention and maybe create a program that's more effective and there are more effective ways, and I'll talk to you policies, procedures, and great innovative programs later, ifI get that opportunity, 'cause the Homeless Trust, my dear Chairperson, does not even give me the courtesy of giving me an e-mail (electronic), and I've been there for women for over 23 years. Thank you so kindly. Chair Sarnoff Thank you. All right, anyone else wishing to be heard on PH. 6? Hearing none, seeing none, coming back to this Commission. Commissioner -- the Vice Chair is recognized for the record. Vice Chair Gort: George, my understanding is that list that we have, the waiting list, it's got quite a few thousand people. City ofMiami Page 30 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PH.7 13-01357 Department of Community and Economic Development Mr. Mensah: Yes. Vice Chair Gort: At the same time, this list, I understand, is about five years old? Mr. Mensah: Yes, that is true. And we will be updating this list this year as part of our consolidated plan. We will do a new wait list, so -- Vice Chair Gort: Okay. Mr. Mensah: -- sometime in April, May, we will -- Vice Chair Gort: Because I think it should be refreshed. Mr. Mensah: Yes, I agree. Vice Chair Gort: Lot of people on the list might not even be here anymore. Thank you. Chair Sarnoff All right. Anyone else wishing to be heard? Any other Commissioners want to -- any further discussion? All right, all in favor on PH. 6, please, say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ALLOW COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS ORIGINALLY ALLOCATED TO THE GREATER MIAMI CHAMBER OF COMMERCE, INC. TO BE CHANGED TO THE ACTION CENTER FOR COLLEGE EDUCATIONAL SERVICES AND SCHOLARSHIP FOUNDATION FOR THE CONSTRUCTION OF A BUSINESS CENTER AT MIAMI NORTHWESTERN HIGH SCHOOL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01357 Summary Form.pdf 13-01357 Notice to the Public.pdf 13-01357 Pre-Legislation.pdf 13-01357 Corporation Detail.pdf 13-01357 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0488 Chair Sarnoff PH 7. George Mensah (Director, Community and Economic Development): PH.7 is authorizing the City Manager to allow CDBG (Community Development Block Grant) funds, originally allocated to Greater Miami Chamber of Commerce, to be changed to Action Center for College Educational Services and Scholarship Foundation for the construction and renovation of a business center at Miami Northwestern High School; and authorizing the City Manager to execute all necessary documents for said purpose. City ofMiami Page 31 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Suarez: Move it. Vice Chair Gort: Second. Chair Sarnoff We got a motion by Commissioner Suarez; second by Commissioner Gort. Commissioner Suarez: Mr. Chair, ifI may just very quickly -- Chair Sarnoff Sure. Commissioner Suarez: -- just say something that -- this kind of goes to Commissioner Hardemon's point, which was in this particular instance, this was Community Development Block -- Economic Development money, which our district had kind of an overflow of and a Leadership Miami group came to visit with me and decided that they wanted to do something at Miami Northwestern High School and create a business center for the students there. So We teamed up with them and got that done, and this here is something actually just making sure that the money's being done -- spent appropriately in a way that is eligible through the federal government guidelines, but it's -- it was funding that was originally designated for District 4 that was spent in District 5 because there was a good project there and a good eligible source of expenditures. Thank you. Chair Sarnoff All right. Mr. Muhammad, you're recognized for the record. Grady Muhammad: Again, likewise, Commissioner Hardemon, please, not -- my remiss for not welcoming you. And this here, I'm very great with the funds. But what my concern is the last time we had some people from Boston, Massachusetts, the guy name was Dennis Stackhouse (phonetic) and he surely didn't bring anything to our community. And I'm looking at the Action Center for College Education [sic] and Services Scholarship Foundation. I'm trying to -- please bring these people to our community so we can find out who these people are. First, I'm in favor of the business school. I'm looking -- I -- from the IRS (Internal Revenue Service), the 501(C) 3, they been around since 2001; incorporated 2006. They were just incorporated in Florida 8 -- August 30 -- 23, 2012. But we definitely would like to at least meet these people and, more or less, pick their brains, so to speak, because we need to find out -- with the funds -- it ain't even the funding. It is the funding, it's the process, it's the mechanism, and we want to ensure we get the necessary services that we're talking about, again, because with the business and the University ofMiami 'cause --I would take note, 'cause he's a bull and I'm a general. I would definitely just look at something -- when we're talking about -- as I stated, with the -- even what previously was getting done with the CRA (Community Redevelopment Agency), Commissioner Dunn, a STEM (Science, technology, engineering, and mathematics). We need a STEM, andl think Douglass, Frederick Douglass, with the School Board and the CRA, can be knocked down and rebuilt as a stem K-8, and then look at Northwestern -- I mean, not Northwestern -- as Booker T. As that senior high school level, even what we're talking about with Stanley Tate and Temple Israel, and with the new high school, because I think we need a pipeline from grades 1 through 8, then from the 9th through 12th, because we're talking about the University ofMiami bi -- life -- -- Bio [sic] Life Science Center. If there is no manner -- mechanism from the students to get from the beginning in grade school all the way there, then we talk about jobs and opportunities, that's just a whole lot of smoke that we blow up you know where. But I can tell you, we definitely want to see who these folks are. Andl think it's a great project, and we definitely will support it, because we need business schools. The youth need to be trained in business, not just football. Thank you, Commissioner -- Mr. Chairman. Commissioner Hardemon: May I, Brother Chairman? Mr. Chairman. Chair Sarnoff Yes, sir. City ofMiami Page 32 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Hardemon: Mr. Muhammad, this is incredibly important to me, and I'll enlighten some of you. I am a graduate ofMiami Northwestern Senior High School and was Mr. Northwestern in my 2001-2002 school year, andl say that because I have great care for that institution andl care about Leadership Miami. I was actually in that program at one point before, so I understand the importance that Leadership Miami brings to our community. Now -- andl expressed this concern to Administration, because this money was previously allocated, so the money is there. So as of now, it's about making this project happen. And for me, the importance is not necessarily in meeting the people who are going to make this happen, but making sure that the people make this happen. Because I -- from the time that I was at Miami Northwestern Senior High School, I can tell you exactly what those classrooms looked like, so my concern is walking into a business school -- I mean a business center that is the same exact structure of a classroom that I was in when I was at Miami Northwestern Senior High School. Andl must admit, because I'm so interested in this program, I will be there when this project is completed. I will be there to tour this classroom. And because I'm a business graduate, both undergrad and my master's in business, I want to make sure that the -- whatever construction or renovation is provided to that classroom when we get the permission is conducive to the education of these young people in terms of business. Now, the Leadership Miami project proposal/submission that they did when they completed their project, that project is gone. This is probably the last phase of it. However, it's not -- to me, it's not up to par as far as the development part, the actual construction of that facility. Now -- andl say that because I just want to be very, very clear that we're going to follow these dollars all the way down to that last piece of wall that's put up in that classroom, because that is my school that I love and care for. And with that being said, as -- I really implore your assistance in making sure that these monies are utilized in the fashion that we're being promised, because we know that they can't be used for computers or any of the fancy stuff that you may need in a business center, but sometimes brick and mortar is just as important because if you build it, they will come. So I just -- I want to make sure that it's very, very clear. Because we do have one person that's a local registered agent, and that would be Mr. Keith Fletcher. Keith -- Chief Fletcher. I don't know him. I don't believe I know him personally, but I know I recognize the name. So he is someone that is here in Miami that is not of Boston, Massachusetts. I don't know if he was born or raised there, but at least he is here, so we have some people that we can address. So I am a proponent of using this money the way that it's promised to us, because we can't have any more broken promises, as schools like Miami Northwestern Senior High School, because already our population has dwindled from the 3,000 when I was there to 1,000 or so now, and those students are in great need of services and they're in need of enhancements so their facility. So when we make this promise through this legislation, we want to see just that delivered to us at the end of day. Mr. Mensah: Okay. Commissioner, ifI can address -- maybe keep yours at ease. As you can see, this allocation was made all the way in April. We were in negotiation phase with the contract execution when Leadership Miami hit us, not with the Chamber of Commerce. As a matter of fact, personally, I said, staff I -- of course, I needed to spend many hours on my way to come and tell the Commissioner, "Look, this thing is not moving so I'm going to recommend that you take the money away." But the Commissioner, to his credit, told me, George, I want this done.'So even when they change and brought in the new agency, and made sure that they have offices in the City -- andl met -- I had a meeting with the Commissioner's office and make sure that this is something that she still want to continue, so I have seen that this is the Commissioner's will to make sure it happens. And, you know, in meeting with you, you have expressed the same thing. We will ensure that this get done and it get done appropriate, andl will involve you in all aspect of it, since I know you're very much interested in it, to ensure that this gets done and gets done satisfactory. Commissioner Suarez: Mr. Chair. Commissioner Hardemon: Andl look forward to the ribbon -cutting with Miami Northwestern City ofMiami Page 33 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Senior High School, that the principal and the students will be using it, and especially the Commissioner. Thank you so very much. Commissioner Suarez: Thank you, guys. Mr. Chair, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: Yeah. You know, I share -- thank you, Commissioner Hardemon -- your concern. I think one of the things that we've all dealt with here as Commissioners is a little bit of a frustration with what we can do as Commissioners in terms allocating funds versus the administrative part, which is actually execution of the allocation. Andl think sometimes that creates a tremendous amount offrustration on our part when we do our job and then we 're waiting for the second half or the second shoe to fall. I think the second part that's equally frustrating is -- andl think Commissioner Carollo alluded to it earlier in the day -- is the segregation of money and the limitations. Instead of the federal government telling us, "We're going to give you a dollar for 'X' and you decide, " you know, exactly how it could be spent -- becausel agree with you; computers, tablets, you know, those are things that think students could get more of a benefit from probably than having, you know, new drywall, for example, or new tables for them to study on. And, you know, trying to loop in what Commissioner Carollo was -- you know, has been trying to do, you know, with our support in Washington, having to do with the flexibility in the public sector dollars, public -- you know, the public service dollars where we're limited to only being able to spend 15 percent of the funds that they give us on public service. Why wouldn't be -- we be able to choose to do 25 percent or 35 percent or 45 percent? And interestingly, it was a Republican congressman, Congressman Mario Diaz-Balart, who I spoke with that said, Why don't we give you 100 percent flexibility and you can decide, you know, of the dollar that we give you, how much you spend in public services, how much you spend on economic development. "You know, as long as you spend the money and as long as the money is spent appropriately and in a way that we can tract it and account for it and make sure, like you said, that it's actually being completed and that -- you know, you can put certain mechanisms to make sure, for example, that Administration is not too large of a percentage of the actual dollar that's being spent so that, you know, you don't give it to an organization and they spend it all on salaries and they don't actually build anything or build very, very little with the money that's given. So you can certainly have controls in place, but those -- you know, those are frustrations that think we all share and hopefully with the director's guidance, we can get that project done and have that day -- that very nice day in the near future. Chair Sarnoff All right. Ms. Holmes, did you speak? Renita Holmes: No, I haven't yet. Chair Sarnoff You have not? Ms. Holmes: No, sir. Chair Sarnoff Go ahead. Ms. Holmes: All right. I don't want to be redundant, and again, I think what has happened in the past when it come -- Madam Renita Holmes, for the record -- is that federal funds and CDBG funds might -- often is not further utilized to its advantage and the policy and the guidelines on federal funds and when they are comingled or partnership or collaborated on projects still has that guideline about entitlement and impact. But then when -- again, when we talk about usage, that's something else. But books provide education. Job experience, internships, linking up, leveraging with other partners who are not just getting paid administrative salaries; says that we're doing something that we have been cited for on many occasions, and to be innovative. Another thing is -- again -- and I'm not comparing you. I know the City has -- but the City of Miami Page 34 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PH.8 13-01368 demographics within certain County with the City is that you can link up, but when it gets to us who are in the City within the County, our link up collaborative, comprehensive strategies and models of building and utilizing CDBG funds, comingled with other state tax or local funds, does not happen. Having that Section 3 local impact happen -- I recently saw Commissioner Monestime and the entire County finally turned around. This has always been. And Madam Attorney, I know that it is great in your interpretation; that's what you do, but allow me to say, this is where we faltered If we did this with the link up in Northwestern, if we allowed -- hit the highest priority of those entitled impact and utilize it to the utmost as described in the terms of CDBG funding -- and) do believe you have that available for all of them to read, Mr. Mensah, 'cause sometimes staff doesn't read that to you, and it will help you to finally get it -- that you can make this thing happen, Commissioner Hardemon, and it will be indicated and it will a great model for what we should be doing, because that's what the federal funds are supposed to be utilized. So having a training program during the construction is something) recommend, and again, I won't utilize the little seconds that I have left to define this program more for you, but I'm looking forward to sending you two, whether it's the Clerk Office or not, 'cause once you know, we can grow, okay. Thank you. Chair Sarnoff Thank you. All right. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Commissioner Carollo. Commissioner Carollo: I just want to add to it, and) know we have a new Commissioner, so the reason that fighting for that flexibility is so important, especially for public services, is because you'll see soon, if you haven't already, that we use general fund dollars to subsidize public services. Yet, in the economic development, for one reason or another, we haven't been able to spent [sic] the money fast enough. Now there's a myriad of reasons and you'll hear it from everyone. But even when you allocate the fundings [sic], when you see all the requirements in order for that money to be spent, you'll see, it's quite intensive. I've seen it where, first of all, you have to advertise 30 days in advance, so you already killed 30 days there. But even once it's allocated, for different things, you need certain tests -- I know we've gone through it -- environmental. There's numerous reasons, and it makes it difficult to spend that money. Yet, where we really need money in public services, we're actually using general fund dollars to subsidize the cap that we have, so that's why I think it's extremely important. And within time, you'll -- you know, we'll hear more about it. And I'm also saying it because I need for you to also be involved, 'cause we need to do this as a team. This needs to be a team effort where all of us push for this, because it's very needed. And that's why I want to make sure that now that we're discussing this, it's brought to light, because we need you as part of the team also. We need for all us to continue this. Thank you. Chair Sarnoff All right, anyone else? Hearing none, all in favor -- Todd B. Hannon (City Clerk): Excuse, Chair. Would you like to close your public hearing? Chair Sarnoff Sorry. Public hearing is now closed. Coming back to this Commission, all in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION City of Miami Page 35 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM INCOME FUNDS IN THE AMOUNT NOT TO EXCEED $300,000.00, FOR THE CONSTRUCTION OF NEW AFFORDABLE HOMES AT THE CITY OF MIAMI OWNED SITES LOCATED AT 1477 NORTHWEST 60TH STREET, 1336 NORTHWEST 60TH STREET, 5852 NORTHWEST 13TH AVENUE, AND 1497 NORTHWEST 60TH STREET A/K/A 6005 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONSTRUCTION CONTRACT WITH LINK CONSTRUCTION GROUP, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DESIGN AND CONSTRUCTION OF SINGLE-FAMILY INFILL HOUSING TO INCLUDE AN ADDITIONAL HOME. 13-01368 Summary Form.pdf 13-01368 Notice to the Public.pdf 13-01368 Pre-Legislation.pdf 13-01368 Property Information.pdf 13-01368 Legislation.pdf 13-01368 ExhibitA.pdf 13-01368 Exhibit -Amendment No. 3 SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0489 Chair Sarnoff PH.8 Alfredo Duran: Good morning, Commissioners. Alfredo Duran, deputy director, Department of Community and Economic Development. PH.8 is a resolution that authorizes the allocation of Neighborhood Stabilization Program, NSP-1 program income funds, in an amount up to 300, 000, for the construction of new affordable homes located in District 5, four new homes, and approve amendment number 3 to the construction contract with Link Construction Group, Inc. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Public hearing. Any -- Mr. Muhammad, you're recognized for the record. Grady Muhammad: Commissioner Hardemon, this is in your district, and this is one of the things -- see, this organization, the Liberty City Trust, is commissioned with not only housing. And some of these homes, as I talked to the deputy director, the resolution started in 2010. We had some problems. We're now almost 2014 and a single-family house has not been built in almost four years; 5858 Northwest 13th Avenue, it's been built. We have Kent Security providing 24-hour securities [sic]. We have a lot of security for a lot of the properties that we have proposed here. Some of these lots that -- always was major apartment complexes, and it sometimes makes no sense to build single-family homes next to two-, three-story apartments because the people are never going to get their monies. We in favor of getting these homes built, City ofMiami Page 36 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 getting these homes built in a expeditious manner, and getting these homes sold. Back in April of this year, with the other homes, the eight homes that the Liberty City Trust had -- or was building, there was a problem with the bank financing, so CD, the Department of Community Development, asked the Housing Commercial Loan Committee to give funding directly to these homeowners to be able to eliminate the bank. That has happened. Some of these homes still has not closed. But at the end of the day, all we want is the homes to be finished the homes to be sold, not security to be provided by Kent Security; security to be provided by the homeowner that will occupy the home, provide the security for the home and, more importantly, start to creating economic development for the community and that's what we're in favor. Not only that, with HOME (Home Investment Partnership Program), we want home rehabs. We want business development, because Commissioner Hardemon, according to City ordinance, the Liberty City Trust, this official economic development agency for Liberty City/Model City, and it is not just for homes; it's for business, for economic development, job creation, and we would just like them to implement, as you state, complete their mission. Thank you, Mr. Chairman. Chair Sarnoff Thank you. Ms. Holmes. Renita Holmes: Yes, sir. Thank you, Commissioner. I think Grady said it well, but I can tell you more specific when it came to the Link project, it came after a lot of complications in the community, Commissioner Hardemon, because the park had already been promised to be built for children there, a safe, clean, and healthy park, and it was. It turned out to be a construction project. But after receiving enumerous [sic] calls, going out taking many pictures, now having current complaints about the violations of civils [sic] and workers' rights, organizing -- or not really organizing, but organizing people to watch what was a silent protest. Even once out there the job hiring requirements, according to the federal guidelines, had not been met. The workers' rates had not been met. The only thing a black man could do out there, if alone, one or two women could do from the community or anyone else, other than that, to do -- to get a job was to carry a pole, aflag traffic every now and then. I was very concerned about that, because right there in my face, I had situations again about the misuse of CDBG (Community Development Block Grant) funds, so how we have here now dangling in front of us a specific project that has not met the federal requirements, that has violated the rights of some of the local people? I have to reiterate in the name of Audrey Lloyd, `I'm a local woman." So when you have funds that target local folks and they don't get a job and you have qualified people in a job bank that we have and they don't get a job and my children are watching these people work and then they're being mistreated on there or fired, I think you need to be more aware of that. I would make a recommendation at this time, that you uphold that for a second, because if we do that, we cannot continue to ask them to give us federal funds and we're still having the violation. Nothing has changed in oversight in monitoring, not on our behalf, not on the behalf of Liberty City Trust, and we cannot do this. You cannot encourage boys with guns to watch other men come in their neighborhood and work, and then we encourage them to go to the local school at Northwestern and Dorsey, and they're seeing everybody come out simply because the union or the developer, the contractor says he does not have to hire any local because he's hiring people locally out across his jurisdiction. Chair Sarnoff And in conclusion. Ms. Holmes: I think I just made the recommendation, Commissioner, and through the Chair, I would like to know, what are we going to do to make sure that doesn't happen again, or shall we continue to monitor these oversights and violations of people's civil rights? Chair Sarnoff Thank you. You're recognized for the record. Roy Hardemon: Roy Hardemon, 655 North 48th Street. Congratulations, Mr. Hardemon. I serve as the chairman of the Economic Development for the Liberty City Trust, andl would like to know, did this process come before the Trust? City ofMiami Page 37 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Duran: The strategy as a whole was very much involved with the Liberty City Trust. Mr. Hardemon: Does the strategy -- did the process come before the board? Chair Sarnoff Let's do it this way. Mr. Mensah: I -- Chair Sarnoff Put your questions on the record and then I'll have him respond to you. Mr. Hardemon: Okay. Mr. Mensah: I can -- Chair Sarnoff So -- no, no, no. No, no. Mr. Hardemon: The simple question -- Chair Sarnoff There's not going to be colloquy. The colloquy will be with me. Mr. Hardemon: Yes, sir. Chair Sarnoff Put your questions on the record and then I'll have them answer them. So your question number one is, "Did this go through the Liberty City Trust?" What else? Mr. Hardemon: And in that question, would this project employ the folks from the local under the Section 3 program, as well as did -- in the contracts -- and contract -- employment and contracts? Chair Sarnoff What else? Mr. Hardemon: That's it. Chair Sarnoff That's it? Mr. Hardemon: Um -hum. Chair Sarnoff All right. Mr. Mensah: Okay. Chair Sarnoff The answer -- let's go through the Liberty City Trust, and did this employ local Section 3? Does contract require full local participation? Mr. Mensah: Yes. This contract was executed in 2010. It went through the Liberty City Board. As a matter of fact, Liberty City Trust has funds in this project. This is a combination of City NSP (Neighborhood Stabilization Program) funds and Liberty City neighborhood funds. The houses were selected by the Liberty City Trust. The type of houses were selected by Liberty City Trust. The tiles that went into these homes, selected by Liberty City Trust. The Colors that went into these homes were selected by Liberty City Trust. So the City ofMiami, all we did was provide the oversight, additional funding and any -- and all the accountant part. Everything was handled by the Trust, including the marketing, including the sale of these properties. As you know, most of these homes already sold and they were sold thanks to the Liberty City Trust. So the first answer is that yes, Liberty City Trust has been involved more than 100 percent in the City ofMiami Page 38 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 development of this program. The second one is that, as you know, we are required be federal regulations to ensure that every contract that we provide to any contract using federal funds involves Section 3, and so Section 3 is always part of the contract. This particular contract has already been audited by HUD (Department of Housing and Urban Development) in the last few years, and there is -- we've met every Section 3 requirement that is there. And just for your information, before any payments goes out from our department, we have a Section 3 person -- compliance person who ensure that all the Section 3 requirements are met before a payment is made. So to answer your last question, yes, Section 3 requirements have been met, and we ensure that those things that contract continues to meet statutory requirements. Thank you. Mr. Duran: I would also -- I'd like to add one thing that was a -- suggested or a remark that these homes were never built. This original strategy included 15 homes; of which, 10 of them have already been built. All of the sites are sold, pending closing. One home was not able to be built because of severe WASA (Water and Sewage Authority) conditions that would have increased the cost of that home significantly. But 14 homes, with the addition of these additional NSP program income dollars, will be completed and they're all sold. So the projects have been completed. Mr. Hardemon: Okay. Chair Sarnoff You're recognized. Mr. Hardemon: The -- being on the Liberty City Trust Board and, from my knowledge, when this project came before us, it didn't come as individual, like you say, the Link Construction and others. This was like moved without our approval. And not only that there, you know, Link Construction actually -- when you say they met the qualifications ofSection 3, they hire people on for about 24 hours. Shortly after, no more work, okay. So we'll been monitoring this again on another level, so -- right there. Commissioner Hardemon: Mr. Chairman. Chair Sarnoff Commissioner Hardemon is recognized. Commissioner Hardemon: This item is of great importance to myself as well, because, of course, within my district -- considering that all of these homes are being built within my district, we have a great need for affordable housing, especially single-family homes, not necessarily just among these monstrous large buildings that pack all of the -- the people who cannot afford homes altogether in one space. Now -- so I will accept the fact that seven homes were built; three are under construction and one was eliminated through the WASA issue, andl appreciate the information that you provided to me. And as I was going through it, there seems to be some things that were repeated as far as with the cost layout and things of that nature, butt can get past that. What I'm concerned about -- and this is to be very clear -- is that this original -- the original legislation was for $1.26 million, and that $1.26 million was supposed to afford 15 homes. Now, I understand there were cost overruns, as there are sometimes with the construction, andl understand that a home was eliminated due to WASA issues. Maybe that home, that actual physical location was eliminated. This extra money that's being considered is to build the additional four homes. And my problem is that we're going from $1.26 million to, say, $1.56 million, and we still only have 14 of the 15 homes being built, so I thought about this. Andl would like to truly reach the integrity of the original build that was considered, which was 15 homes. And as I understand from Administration, there is substantial dollars that is there that will allow for the building of one additional home. Because I can tell you, one additional home in my community means a lot to the people that live there. One additional home means that there are at least four, five people that will not be homeless. One additional home gives them the beauty of home ownership that have yet to even enjoy. One additional home means so much to this community that if you can make it happen with the stroke of a pen, why not? So what I'm City of Miami Page 39 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 asking of this Commission is to -- and would you like --? Okay. What I'm asking is for a friendly amendment to this legislation to allow for it to be five homes instead offour homes, even though the plat -- or the actual lot has yet to be decided. May I have a -- Commissioner Suarez: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: I will amend my motion to -- as -- I like that friendly amendment. That's very nice. That's pretty sophisticated for your first meeting. I'll definitely amend my motion. Obviously, it would like to know what the cost is, and I'm sure the -- Commissioner Carollo, who's seconded the motion, would probably want to know that as well. Commissioner Carollo: I will amend my second. And as a matter of fact, Commissioner, let me give you, well, a real brief history. When I first came into this Commission, I was in a situation similar to yours with HOME funds, and the amount of monies that were going to be used to build this affordable housing project, I thought, was outrageous. If you really calculate how much each unit was going to cost, it was going to be outrageous. And three years later, the bottom line is, the building was able -- was built; we saved a million dollars. So the City was able to receive an additional million dollars or not to spend an additional million dollars and actually, the building was -- majority of the build [sic] intact as originally. So I appreciate what you're doing because, yes, and there is a lot of let's say, savings or ways that we could be more efficient with our dollars. So I would definitely second -- or amend my second for this. Mr. Mensah: Commissioners, as we amend it, can you also maybe agree to amendment of the contract with Link so that they can build five homes instead offour? Commissioner Suarez: I would agree with that. I would agree with that. Commissioner Carollo: Yes. Chair Sarnoff So second amendment by the maker; second amendment by the seconder. Commissioner Suarez: Mr. Chair, ifI just may make one quick statement? Chair Sarnoff Yeah. Commissioner Suarez: Yeah. I just want to follow up on something that Commissioner Hardemon said earlier, which is when you -- and it's -- it really goes to the same thing Commissioner Carollo just said. When you make a promise to the community, you have to deliver, you know. And secondly, in terms of affordable housing, the need for affordable housing is so much greater than the supply. So I understand kind of the scrapping mentality of saying, look, you know, we -- even that one more unit we got to get and we got to get it done. So, you know, I think it's important -- I commend Commissioner Carollo for his work on that project in his district, because it was a good amount of units that were built there and it was a project that, you know, had been promised for that community for a while. Commissioner Carollo: Yeah. Commissioner Suarez: So thank you. Chair Sarnoff Commissioner Carollo. Commissioner Carollo: No. City of Miami Page 40 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff I'm sorry. Commissioner Gort. Apologize. Vice Chair Gort: Let me ask a question, 'cause I have a lot of home ownership within my district, but at the same time, I had a lot of people that request it and went through y 'all, but because of the regulations and the requirement, they had to get out of it. They were not able to utilize the funding because of the regulations and how long it took. I mean, banks -- this is the some of the down payment and it's got to be financed by a bank, and the bank gives you X" amount of time to have certain documents done. If you don't have it -- you don't close within those, you got to go back and start the whole process again. Can we look into it and see if we can change some of those? I think we send you enough e-mail (electronic) on that. We need to change that. Mr. Duran: Sure. Vice Chair Gort: Thank you. Chair Sarnoff All right, so we have amendments, satisfactory to the Clerk. Sorry. Andl need to close the public hearing. Public hearing is now closed. All in favor on PH.8 -- Commissioner Suarez: Quick question before we vote on it. Do we have to amend the amount? Mr. Duran: No. Commissioner Carollo: No. Commissioner Hardemon: And -- Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Hardemon: Mr. Clerk, I just want it to be clear, can you read what the amendment would be for this legislation? What is the motion that we're now voting on? Todd B. Hannon (City Clerk): Unfortunately, I can't verbatim, but -- Commissioner Hardemon: Understood. Mr. Hannon: -- you know, what I do understanding is that the number of homes is increased from four to five and that the -- per the director of Community Development, that that change need to be made to the contract for this development to occur -- for the increased house. Commissioner Suarez: Yeah. For that -- Mr. Hannon: For the additional -- Commissioner Suarez: -- same developer -- for the same developer to actually do the construction. Commissioner Carollo: So in other words, for the same amount of money, you're going to get five hours as opposed to four. Commissioner Hardemon: Absolutely. Commissioner Carollo: Okay. That's the intent that we all have. Commissioner Hardemon: Yes. City ofMiami Page 41 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Carollo: Yeah, absolutely. Commissioner Hardemon: Okay. Commissioner Carollo: Which goes back to whatl was saying about efficiency. Yes. Chair Sarnoff I also want to commend the Clerk; that was very good. Commissioner Suarez: That was good. Chair Sarnoff All in favor, please, say "aye.' The Commission (Collectively): Aye. Mr. Duran: Thank you. PH.9 RESOLUTION 13-01337 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Works PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN ACCESS TO THE "L" SHAPED PRIVATE ALLEY LOCATED EAST OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 39TH STREET AND THE BAY POINT SUBDIVISION, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 13-01337 Summary Form.pdf 13-01337 Notice to the Public.pdf 13-01337 Legislation (Version 2).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item PH.9 was deferred to the January 23, 2014, Planning and Zoning Commission Meeting. PH.10 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 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 42 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0490 Chair Sarnoff PH.10. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.10 is a resolution that directs that an existing previously permitted fence be replaced with a wall in accordance with the provisions of City Code, Section 54-191. This wall is a historic wall along a scenic transportation corridor, which is Main Highway. And this will be the second time the City Commission will -- rather, the City will be considering the reauthorization of the repairs of this wall. Back in 1991, a similar authorization was granted to repair, remodel, and rebuild the existing fence wall. Today the applicant has approached Public Works with a 8-page petition from the homeowners association and the sign -off by individual property owners that, upon Public Works' evaluation, complies with the requirements of the City Code 54-191. Commissioner Suarez: Move it. Chair Sarnoff Is there a motion? Motion by -- Vice Chair Gort: Second. Chair Sarnoff -- Commissioner Suarez. Commissioner Carollo: Second. Discussion. Chair Sarnoff Second by Commissioner Carollo. I have a public hearing. Anybody wishing to be heard? Mr. Fernandez, you're recognized, then a Kathy Harris and a Larry Tornek will be recognized. Ben Fernandez: And Joseph Coral (phonetic) is here as well, on behalf of the owners. Again, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the Moorings Property Owners Association. This is a request, pursuant to Chapter 54-191 of your City Code, to replace an existing encroachment with something that we believe is going to be much more aesthetically appropriate alongMain Highway, which is a historic scenic roadway in the City ofMiami through Coconut Grove. The reason that we're here is because the County chose to unilaterally expand the bike path that runs alongMain Highway, and in doing so, significantly reduced the landscape buffer that existed between the first street and this private community and Main Highway. So what we're proposing is a coral rock wall, which is consistent with the character of the Main Highway walls and is going to provide the buffer that has been lost as a result of the County's actions. So with that, I'll ask Mr. Tornek to come up and perhaps say a few words. Lawrence. Chair Sarnoff Good morning, Mr. Tornek. Lawrence Tornek: Good morning, Chairman, Vice Chairman, Commissioners. My name is Lawrence Tornek. I've been a resident of Dade County for almost 50 years, the last 25 of which have been a resident of the Moorings. As a member of the Moorings Association Board, I speak on behalf of all the resident of the Moorings. Over the years, I've witnessed tremendous growth throughout the County, but especially here in Miami in the Grove. With this growth has come traffic and noise. As long as I've lived in the Moorings, we've had a chain -linked fence parallel to the bike path, which the Moorings originally built with a 12- to 15 foot ficus hedge enveloping the chain -linked fence. The hedge aided in cutting the noise from the ever-increasing traffic on Main Highway and the bike path itself. However, after we spent a small fortune protecting the hedge from the White Fly invasion, which I know affected a lot of people, the County widened the bike path, which, because of ever-increasing bike and foot traffic, I'm sure was needed. City ofMiami Page 43 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Unfortunately, this project, which widened the path to the chain -linked fence, also entailed the County destroying our hedge by cutting it all the way back to the chain -linked fence. This left us with no sound barrier, no privacy, no security, and historic Main Highway with all of its traffic, the glorious view of an ugly chain -linked fence. We'd now like the opportunity to remove the remnants of our hedge and the fence, and replace it, at our expense, with a coral rock wall that's in keeping with the historic look found all alongMain Highway in places such as Camp Biscayne, the Plymouth Congressional Church, and Kampong. We know that this wall will restore the sound barrier and security we need from Main Highway and the bike path while adding another beautifying element to Main Highway. Thank you so much for your time. Chair Sarnoff Thank you. Ms. Harris. No? You would echo whatever Mr. Tornek said? He said it so well, right? Okay, thank you. All right, anyone else wishing to speak on PH.10? Hearing none, seeing none, coming back to this Commission. Any further discussion? Hearing none -- Commissioner Carollo: Yes. Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I'm not opposed to the fence, but what I've seen -- and correct me if I'm wrong -- that even though there are some coral rock walls alongMain Highway, I don't see like the footage of this rock wall being able to actually cover the whole areas; only 700 feet, if I'm correct. But it seems like there's continuous chain -linked fence. Chair Sarnoff I think it covers the Moorings. Commissioner Carollo: Right, just the Moorings, but then it continues the chain -linked fence. Mr. Fernandez: Yes. Chair Sarnoff I think -- Commissioner Carollo: Yes, right? Chair Sarnoff Yeah, beyond the Moorings to the -- Commissioner Carollo: So -- Chair Sarnoff -- north. Mr. Fernandez: Other subdivisions, Chair. Chair Sarnoff Correct. Commissioner Carollo: So there are other subdivisions -- Chair Sarnoff Right. Commissioner Carollo: -- but since they're paying it from their funds or the association funds, they can only do the Moorings, so we'll still not have a uniform look. It will be -- Chair Sarnoff But as you get to the north -- as you go a little bit north where you're suggesting, the hedge has not been depleted and it's still a robust look to it. Theirs was depleted as a result of either White Fly -- and/or White Fly and moving the bike path a little closer. City ofMiami Page 44 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Carollo: Yes. No, I saw it. It just -- it seems like it was much farther along than 700 feet. Okay. Chair Sarnoff All right. Commissioner Carollo: And before that, I also had a chance to meet with, you know, the director of Public Works, andl think we're clear with the other issue that we had, correct? Mr. Ihekwaba: Yes, yes. Commissioner Carollo: Okay. I think you gave language to my staff. Mr. Ihekwaba: Yes. Commissioner Carollo: Okay. Chair Sarnoff All right, all in favor -- Mr. Ihekwaba: Mr. Commissioner, ifI may. During the last meeting, I think the applicant's attorney introduced an amendment to -- Exhibit "B" into the record. Mr. Fernandez: Yes. Mr. Ihekwaba: So you may want to -- Mr. Fernandez: I will -- Mr. Ihekwaba: -- re-emphasize that again, that the heights of the wall is going to be a maximum of six feet. Chair Sarnoff Sorry; I thought that was on the record. Mr. Fernandez: It was from the last time. We've just resubmitted again -- Chair Sarnoff Okay. Mr. Fernandez: -- for the record. Chair Sarnoff All right. All right, any further discussion then? All in favor, please say aye." The Commission (Collectively): Aye. PH.11 RESOLUTION 13-01351 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A NOTICED PUBLIC HEARING RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS RECOMMENDATION AND FINDINGS THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO WAIVE THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), BY AND BETWEEN THE CITY AND 3700 GRAND AVENUE, LLC, C/O ANTHONY PARRISH, IN City of Miami Page 45 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF A POLICE SUBSTATION, AND SETTING FORTH A BASE RENT OF $18,000.00 AYEAR PAYABLE ATA RATE OF $1,500.00 A MONTH TO BE PAID AT THE SOLE COST AND EXPENSE BY THE SARNOFF FOUNDATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 3727 GRAND AVENUE, MIAMI, FLORIDA, FORATERM OF TWO (2) YEARS COMMENCING ON THE EFFECTIVE DATE OF THE AGREEMENT. 13-01351 Summary Form.pdf 13-01351 Notice to the Public.pdf 13-01351 Waiver Memo.pdf 13-01351 Legislation.pdf 13-01351-Exhibit-S U B. pdf SPONSOR: CHAIRMAN MARC D. SARNOFF Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-13-0505 Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: As you know, I need to leave at 6 andl can come back afterwards, and it won't be the first time that I come back at 9 or 10 and continue. However, there's an item that needs a 4/5th, and Commissioner Suarez is here, so I'm hoping we could take up that item now since we have the four Commissioners here. Chair Sarnoff Yeah, let me walk off the dais, 'cause it's RE.11 and PH.11. Vice Chair Gort: RE.11 and PH.11, all -- Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. RE.11 is a resolution by a 4/5ths affirmative vote, after a noticed public hearing, raging, approving and affirming the City Manager's recommendation that it is the best interest of the City ofMiami to waive this requirement for competitive bidding; authorizing the City Manager to execute a lease agreement by and between the City ofMiami and 3700 Grand Avenue, T,T C (Limited Liability Corporation) for the purpose of a police substation, and setting forth a base rent of 18, 000 a year, payable at a rate of $1, 500 a month, to be paid at the sole cost and expense by the Sarnoff Foundation. Commissioner Suarez: Move it for discussion. Vice Chair Gort: Okay, it's been moved. Is there a second? Commissioner Carollo: Second for discussion. Vice Chair Gort: Moved and seconded for discussion. Mr. Torre: I would, Commissioners, like to add that we have added one sentence to Section 5A, which is "Use." The sentence that was added at the end of the paragraph is: "The use shall be approved by resolution before the City ofMiami Commission.' City ofMiami Page 46 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Hardemon: May I ask a question of where we are? Vice Chair Gort: Go right ahead, you're recognized. Commissioner Hardemon: Are we speaking -- these are a couple items. Are we looking at RE.11 ? 'Cause what you just made reference to was a different -- Mr. Torre: We're looking at PH.11; PH.11, which is the actual voting for the waiving of the competitive solicitation. Commissioner Hardemon: So right now, we're on PH.11 or are we on RE.11 ? Mr. Torre: We're on PH.11. Commissioner Hardemon: PH.11. Thank you. Commissioner Carollo: And Mr. Torre, could you put on the record why the waiving; why we need a 4/5th or the waiving of solicitation? Mr. Torre: Commissioner, I guess the City Attorney could answer that better than I can. Kenneth Robertson: Good afternoon. Kenneth Robertson, Procurement director. The leasing or sale of privately owned real property is not excluded from our Procurement Code and would thus require a bid waiver. Commissioner Suarez: To choose that particular location. Commissioner Carollo: To choose that particular location. Mr. Robertson: Yeah. I think that was selected between the Police Department, Public Facilities. Commissioner Carollo: Understood. Vice Chair Gort: Commissioner, do you have a question? Commissioner Hardemon: No, I don't have a question right now. Vice Chair Gort: Okay, the public hearing is open. FernandAmandi: First and foremost, hello to everyone. Welcome to the dais, Commissioner Hardemon. Commissioner Hardemon: Thank you. Mr. Amandi: I want to thank the three Commissioners who voted for the 95 additional cops, which was obviously a great step forward in tackling the crime problem we've been -- Vice Chair Gort: Excuse me. Mr. Amandi: -- experiencing in the Grove. Vice Chair Gort: Excuse me. And you are? City of Miami Page 47 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Amandi: Oh, I'm sorry. I'm FernandAmandi. I'm 3250 Mary Street, here in the Grove. Obviously, in response to the crime spike, the additional officers have helped; although, unfortunately, the crime did not end there. Since the 95 additional officers, we've had six additional gun incidents in the Grove, including some very high profile ones. By the way, commendations to the Commander and the Chief who yesterday arrested one of the suspected suspects, but we're asking for the Commission to unanimously support this substation. This is a historic opportunity. We have never had a permanent stand-alone substation in the Grove before, and given the high profile crime areas, the fact that all residents in all sides of the Grove are very much united. I certainly have done a lot of conversations. You're going to hear from Mr. Jihad Rashid as well, who also represents several of the organizations. This is something that the Grove very much wants, is looking forward to, and we think it's another positive step in the right direction of prioritizing public safety first, which is the number one responsibility not only for the City, but we hope for the Grove, as well. So I hope you give it your due consideration, and each and every one of you, since this is a 4/5ths vote to support it. The funding is there. This comes at no additional cost to the City, thanks to the initiative of Commissioner Sarnoff and the efforts of the Sarnoff Foundation. So we hope it has your support. Vice Chair Gort: Thank you. Next. Jihad Rashid: My name is Jihad Rashid, 3628 Grand Avenue. I'm here to urge your unanimous passage of this measure before you. I'm part of a organization that's leading the effort for revitalization in Coconut Grove. I do feel that, however, that our police and our taxpayers are overburdened. This problem came because of dis-investment and neglect, but those things are being remedied, and what we need now is to buttress our efforts to revitalize the area by giving a strong sense of safety and support for the area. And the reason why I'm supporting this, it's not a substitute for the necessary investment, but right now, this is a triage situation. We need that substation to help us recruit the necessary business development. We have a meeting with a major bank, and we've lost a Subway because of the drive -through inspection of the area. The people felt it wasn't safe. Having a substation would buttress the efforts for community economic development as well as to stem the type of crime that's there, and give a sense of security for the area. So I thank you and the SarnoffFoundation, andl welcome our new Commissioner member to the dais, and the rest of you, we all know. Thank you. Vice Chair Gort: Thank you. Next. Vernon Clark: Good afternoon. My name is Vernon Hawthorne Clark. I'm a native of Coconut Grove. I'm 77 years old. I've been in Coconut Grove all my life. I moved out when I got married, andl want to apologize what happened here, because I don't like people attacking certain people and don't understand the facts. I'm here -- I don't know this gentleman here, but I know the gentleman that spoke a while ago, andl was very impressed with the art exhibit that they have in Coconut Grove. We have a problem in Coconut Grove. The problem in Coconut Grove is that the natives, the fee holders, they have no true communication with the Police Department there. I welcome the station there. I welcome whatever vehicle that the Commission is trying to do, and the other gentleman, the white gentleman here, I don't know him, but I know Mr. Rashid. He's been doing some good things. And this is a great step forward, and the Chief and the new Commissioner who I called on, the new Commander, Commander Morales, who I've called, I asked him to make me the chief if they get it. So. And to the young man, I want to congratulate you. I came to hug you and give you another hug, andl sent your picture all over the world on my phone. But it's very -- it's mandatory that they get the substation, because it takes about five minutes for the police to come from the east side to come to Grand and Douglas, the school, and other people there, if they're busy, and visibility means a lot. So I'm quite sure I speak for the citizens and the fee holders of Coconut Grove, and all I can say, I wish that this can be done in divine order. Thank you and happy holiday. City ofMiami Page 48 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Vice Chair Gort: Thank you, sir. Next. Javier Ortiz: Good evening, Commissioners. Javier Ortiz, president of Fraternal Order of Police, 710 Southwest 12th Avenue. The Fraternal Order of Police is in complete support of the Grand Avenue substation, andl know that there is some language in there that it says that it takes it out of the procurement process, but you have to look at the location. 37th and Grand has always been a hot spot in Coconut Grove, and it's just a way in order to branch out not only to Village West, but it also branches out to the other areas of Coconut Grove. Thank you. Vice Chair Gort: Thank you. Anyone else would like to --? Close the public hearing. Commissioner. Commissioner Hardemon: The issue of public safety I believe is our most pressing issue in our communities across all boards. Everyone, no matter what income you make, wants to feel safe in their communities. No husband wants to come home where his home has been burglarized, and his young daughter is now traumatized for the next five years, seven years of her life, because she doesn't feel safe in her bed. And in my district, I think it's especially one of those districts where we face those public safety issues. So the first thing I'd like to do is commend -- and he's not in here right now -- but Commissioner Sarnofffor taking the responsibility and having the forethought to actually do this type of effort. I think it's commendable. And when I think about the public safety issue and you consider what's happening in the Grove, this is a unique opportunity to do that, because I -- when I think about, for instance, ifI see a police officer in a restaurant, I'm more likely to stop at that restaurant, just because you -- for that moment in time, you feel the safety of having an officer around you. I probably wouldn't be here unless I didn't have these guys with these guns around me. But want to truly express that look forward to the positive impact that this type of effort actually has in this community, because if it works, then what I'm hoping is we have other people in our communities that will be able to mimic this in different parts of our communities, especially in District 5. There are some areas in District 5, Chief that you know we need more police presence in, and this is the type of ordinance -- this is the type of legislation that really truly speaks to that. So being that this is all about public safety, and being that that's my number one priority, andl can find a way to support this document, and the fact that it requires 4/5ths of a vote is important to me, because that means that all of us have to unanimously agree that public safety is our number one priority. Our budget speaks to that, so let's make our legislation do the very same thing. Vice Chair Gort: Thank you. Commissioner Suarez: Thank you, Mr. Chair. Yeah, again, I don't thinkl could have said it better. You know, I want to thank the Chairman for, you know, going out there, raising the money, and I want to thank Fernand for continuing and not -- a lot of times, what happens is, you know, the citizens come before us and they start a process, but clearly, you're interested in finishing that process, and we're not there yet. Like you said, you know, after post some of the decisions that we made, unfortunately, we've still had very, very violent incidents; in fact, almost worse in many ways than what was happening before. So it's kind of counter -intuitive that we're still -- we seem to be getting more resources out there, and yet, the problem is not, unfortunately, getting better at this moment. I think a substation is exactly the right -- a move in the right -- a step in the right direction. I think Little Havana has one. I would love for Flagami to have one. I'm sure the Commissioner would love to see some in his district, because much of crime -- and we have, you know, our Chief here and the president of our union here. I'm sure they would attest that much of crime is about opportunity, it's about presence, it's about, you know, psychologically, the same psychological kind of thought process that goes on and Commissioner Hardemon was talking about. When you go to an area, you want to see the police officers there. I could tell you every single time -- andl know the Chief knows this -- that there's a mounted police officer, every single time in a neighborhood, I get and our office gets a multitude of calls. We saw him, it was he, you know, and so those kinds of things do have a tremendous City ofMiami Page 49 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 psychological boost for our residents when there's, you know, a greater police presence, but also, a tremendous deterrent effect, you know, for criminals who oftentimes are trying to find the right opportunity to take advantage of the situation and commit a crime. So I commend the Commissioner, the Chairman, andl think you're right. I think, you know, this is something that we need to look at expanding, you know, throughout the City, and hopefully, we'll be able to do that, you know, with this Commission. Vice Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Vice Chair Gort: Yes. Commissioner Carollo: Thank you, Mr. Chairman. I'd like to start by saying that, yes, I will definitely be supportive of this substation. I actually believe in substations, so much so that what most people don't know is that I've been working on one for East Little Havana. I've been working for the past six, seven, eight months with Danny Alfonso that was our acting City Manager at that time; now, our City Manager once again, Johnny Martinez; the City Attorney; Public Facilities, and our Police Chief. The difference is that instead of leasing, we're actually trying to buy the property, and unfortunately, that takes longer, and it's something that I don't like to divulge, 'cause as soon as you mention that the City's interested in a property, the price goes through the roof so that's why, you know, we've been quiet about it, but hopefully, in the end of January, beginning of February, you will see an item that I'm going to be bringing to the Commission in order to move forward with a substation in East Little Havana. And like I said, I think police presence is of utmost importance. I think public safety in general, it's the most important -- I mean the most basic service that we could provide our citizens. So I appreciate the citizens coming out, Mr. Amandi. I appreciate, you know, Commissioner Sarnoff also pushing it and wanting to make this happen; probably will make it a little bit easier for me now when I bring my -- for my substation. And again, unfortunately, with mine, it's taking a little longer, because, again, we're purchasing the property, and, you know, it seems like everything in the City ofMiami -- boy, nothing's easy -- everything is obstacles, and, you know, I'm glad to see that the Grove will get their substation or mini substation. So, you know, I definitely will be supportive of this. Commissioner Hardemon: Commissioner Sarnoff is not going to be happy that you keep trying to one-up him with the purchase. You know that, right? Commissioner Carollo: Well, I -- hey, listen, listen, all I could tell you is six, seven, eight months ago, I began these conversations, andl was told, "Hey, by the way, your idea got out of the bag, because they're going to do this in the Grove." So, listen, the bottom line is we all work as a team, and, you know, the truth of the matter is thatl think substations all around is a good thing, and we're here to work as a team, so, you know, I'd like to make sure this happens. So -- Vice Chair Gort: Okay, thank you. I think we have to go to 11 -- go ahead, Chief. Manuel Orosa (Chief of Police): I just want to make a little comment. I agree with Commissioner Hardemon that the number one factor in all this is public safety, but to me, the second factor and most important is the job creation. Putting the station there right on 37th Avenue and Grand, all those storefronts are kind of empty. If we become a magnet for people to come and invest, and open up businesses, and create jobs, that will help the community as a whole. That's why one of the reasons I instituted beats in 3rdAvenue and Overtown, and instituted beats on 7th Avenue in Model City, to try to get people to come back and invest in the community, and create -- open businesses and create jobs. And hopefully, this will go a long way to do that in the West Grove, as well. City ofMiami Page 50 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 SR.1 13-00745 Vice Chair Gort: Thank you, Chief. This is quite an opportunity. First of all, I think Commissioner Sarnoff did a great job. Commissioner Carollo: Absolutely. Vice Chair Gort: And this is the combination of three `P's, " private and public sector working together to create things. Okay. Later... Victoria Mendez (City Attorney): And now if we could go back to PH.11. Vice Chair Gort: Now we go to PH.12 -- 11. Commissioner Suarez: Move it. Commissioner Carollo: Second. Todd B. Hannon (City Clerk): I already have a motion and a second. Vice Chair Gort: There's a motion; there's a second. Mr. Hannon: And as amended. Commissioner Suarez: As amended. Mr. Torre: Thankyou, Commissioners. Vice Chair Gort: No further discussion. All in favor, state it by saying "aye. The Commission (Collectively): Aye. Vice Chair Gort: Thankyou. Mr. Chairman, you can come back. Commissioner Carollo: And by the way -- I guess we're in a public setting, so we could talk; we don't violate the sunshine -- the reason why I pressed so much that it's a purchase is because it's not going to be as easy to obtain this property, so it's going to be more complicated. So that's why I pressed the purchase part. ORDINANCE END OF PUBLIC HEARINGS ORDINANCES - SECOND READING Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 35/ARTICLE VII, ENTITLED "MOTOR VEHICLES/ PRIVATE PARKING LOTS", David Sarnoff 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 3).pdf City of Miami Page 51 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.2 13-01238 Department of Capital Improvements Program Note for the Record: Item SR.1 was continued to the January 9, 2014, Regular Commission Meeting. ORDINANCE Second Reading 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 Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13419 Chair Sarnoff All right, looks like we're up to second readings. Looks like SR.2. Mark Spanioli: Good morning, Commissioners. Marc Spanioli, director of Capital Improvements and Transportation. SR. 2 is a request to extend the sunset date for the Homeland Defense/Bond Oversight Board to December 31 of 2014. Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. It's a public hearing. Anybody wishing to be heard on P -- I'm sorry, SR.2, please, step up. Hearing none, seeing none, coming back to this Commission. Any discussion? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. Thank you. Mr. Spanioli: Thank you. City of Miami Page 52 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 SR.3 ORDINANCE Second 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. 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 Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13420 Chair Sarnoff SR.3. Just put a little something on the record. Nzeribe Ihekwaba: Okay. Good morning again, Zerry Ihekwaba, Public Works director. SR.3 is a second reading of the ordinance that will amend Chapter 54 of the City Code in terms of the base building lines; to reduce the zone right right-of-way of North Miami Avenue from North 5th Street to 8th Street and from 9th to 11 th Terrace. Prior to 1985, the right-of-way with -- of this corridor ofMiami Avenue was 70 feet, and the City had passed a resolution -- or, rather, an ordinance enlarging the zone right-of-way width to 95 in order to accommodate the needs of the CRA (Community Redevelopment Agency). And back in 2001, a segment ofMiami Avenue, from 8th to 9th, was further reduced back to the original width of 70 feet. What we're trying to do now is to streamline, standardize, and make it uniform from downtown to the city limits, the north city limits, to be consistent as 70 feet right-of-way. This will enhance traffic circulation and will also create additional property tax roll into the City tax roll, and it's in conformance with Section 54-190 of the City Code. Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Commissioner Suarez: Move it. Chair Sarnoff Motion by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner -- sorry, by the Vice Chair; second by Commissioner Suarez. It's a public hearing. Anybody wishing to be heard on SR.3? Mr. Muhammad, you're recognized for the record. Grady Muhammad: Again, Mr. Chairman, Commissioners, thank you. 'Cause I -- that was my issue and concern since we was going to reduce the width, andl know this is part of the All City ofMiami Page 53 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Aboard Florida, the train project, 'cause that's going to be going along North Miami -- all of this goes from North Miami, from 5th Street all the way up to 11 th Street, reducing the width. Am I correct? Mr. Ihekwaba: We're making it standard. Yeah, the section from 9th all the way to city limits is 70 feet, so the south corridor is being made to match what we have on the north section. Mr. Muhammad: We're reducing it to 50? Mr. Ihekwaba: We're making it 70 feet. Mr. Muhammad: Oh, 70 feet. Mr. Ihekwaba: Yeah. Mr. Muhammad: But we -- again, will we be getting some additional -- as you mentioned, some funds will be coming onto the dis -- City will be getting additional tax rolls as part of that. Mr. Ihekwaba: That's the intention. Mr. Muhammad: Okay, because that was the only concern. Because, like I say, we have that project -- everything should be in line, but if we do anything, closing allies and all of that stuff we should definitely get fair market value to the City ofMiami, 'cause we're a poor City and we should get our fair share. Thank you, Chairman. Chair Sarnoff Thank you. Anyone else wishing to be heard on SR.3? All right, 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 SR.3. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: I apologize; I didn't know that we didn't have an opportunity to discuss. I just want to make one thing on the record. Chair Sarnoff You're recognized. Sorry. You want to -- Commissioner Hardemon: Yes, yes, yes. There is in the one, two, three, four -- in the fifth "whereas" clause, there was some -- I had questions, of course, about -- any time we have legislation where there are "whereas" clauses put there, we have to have information there that supports that documentation, and as I've been told, sometimes it is the absence of someone telling you not to -- or it's the absence of sometimes an expressed statement that is the go ahead or the green light to continue on with the project. And so all ask is that when we consider those "whereas" clauses, that we provide that information to the Commission, especially if we ask for it in a timely matter [sic] so that we can better decide whether or not how we want to support or not support an item on the list. And I'm -- I have no other discussion besides that. Mr. Hannon: Continuing -- Chair Sarnoff All right. City ofMiami Page 54 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Hannon: Sorry, sir. Continuing with the roll call on item SR.3, Commissioner Hardemon? Commissioner Hardemon: For. Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Gort? Vice Chair Gort: Yes. Mr. Hannon: Chair Sarnoff? Chair Sarnoff Yes. Mr. Hannon: The ordinance passes on second reading, 5-0. SR.4 ORDINANCE Second 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 Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13421 Chair Sarnoff SR.4. Christopher Rose: Good morning, Commissioners. Chris Rose, Office ofManagement & Budget. SR.4 is, as you may recall, requested by the IAFF (International Association of Firefighters). It is some ministerial changes to the ordinance for the firefighters' pension fund and brings it in line with the Internal Revenue Code. Commissioner Suarez: Move it. Chair Sarnoff We have a motion -- Vice Chair Gort: Second. Chair Sarnoff -- by Commissioner Suarez. City ofMiami Page 55 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. It is a public hearing. Anybody wishing to be heard on SR.4, SR.4? Hearing none, seeing none, coming back to this Commission. Any discussion? Hearing no discussion, it is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading 5-0. SR.5 ORDINANCE Second 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 STRUCTURES PANEL; AND PROVIDING A SEVERABILITY CLAUSE AND AN IMMEDIATE 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 Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13422 Chair Sarnoff SR.5. Christopher Rose (Director, Office ofManagement & Budget): Thank you. Victoria Mendez (City Attorney): SR.5 is an item that's brought by the City Attorney's Office in order to fix the maximum statutory interest rate in order to provide for the City Attorneys role with regard to the Unsafe Structures Board and also -- that's it actually. Chair Sarnoff All right, is there a motion? Commissioner Suarez: Move it. Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Suarez; second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on SR.5? Mr. Muhammad, you're recognized for the record. Grady Muhammad: This is a great -- Mr. Chairman, Commissioners, this is a great opportunity, a great solution to what we was talking earlier. If we literally take the Community Development City ofMiami Page 56 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Block Grants, we take the interest and we take the Unsafe Structure Board and we work in conjunction, we can potentially buy some of these properties or encourage developers to purchase these properties, or even give them to the developers, like the County does, and only after the property is developed will the liens be waived, not prior or to -- before. It -- the County has this plan that's been going on for the last five to ten years where if you literally have a property, unsafe structure, with liens -- 'cause a lot of these liens exceed the property value, so you never going to get that. So they then encourage developers to come in. They give the properties away or the developer acquires them, and once the developer acquires them and rebuild them as affordable housing, those liens are eliminated and that allows that developer, knowing what he'll be able to -- what the cost is, but it also provides affordable housing. And if we use Community Development Block Grants, we use the Neighborhood Stabilization, which is for vacant, abandoned, foreclosed homes, we can use NSP (Neighborhood Stabilization Project) dollars to be able to do this. Andl think with this City's Unsafe Structure Board, if we got a list -- Community Development -- work with Community Development to get a list of these Unsafe Structure Board properties, we then could potentially see which ones can be potentially rehabbed and those that are just -- need to be demolished. But if we use those funds to acquire them and renovate them, again, give the developers a waiver of all the liens and the fines and everything, but only after they create affordable housing. Thank you, Mr. Chairman. Chair Sarnoff Thank you. All right, we had a motion. We had a second. Oh, I'm sorry. Ms. Holmes -- Renita Holmes: Public hearing. Chair Sarnoff -- you're recognized for the record. Ms. Holmes: Sir. I just wanted to add just a little bit more. And this, Commissioners, is what I'm speaking of when I talk about innovative practices. Already, the County pretty much has a format like that. But when we talk about the recent CRA (Community Redevelopment Agency) projects and development, this carries us a bit further. I just wanted to add a note. We did this a long time ago when we had Code violations and unsafe structures with weed and seed. We talked about how blighted communities and broke -down houses provided rehab opportunities for ex felons and youth to do projects, and these surplus properties also have an opportunity for upkeep. So perhaps we can swing over and collaborate with our unsafe structure and do like they did in Chicago and in California, and that truly would give us two guidelines that we meet. We meet the community reinvestment guidelines. We talk about buy -in. We also create an incentive for developers, and property buyers, and some of the folks there who may now have a team that's ready to develop to help them extend and rebuilding or investing in some affordable housing in the area. But I would like to see unsafe structures utilized in our City, like they're utilized otherwise. Commissioner Sarnoff, you know, when you say "in closing, " I would like to see us open up opportunities by leveraging other funded projects along with that to create programmatic housing for those targeted individuals in the area. Andl have one or two programs on my jump drive, if you'd like to see them right away, but that's what we can do with that. Thank you. Commissioner Suarez: Mr. Chair. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on P -- I'm sorry -- SR. 5? Hearing none, seeing none, coming back to the Commissioner [sic]. The Vice Chair is recognized. Vice Chair Gort: Let me ask a question. My understanding, in talking to -- we have a lot of vacant homes, and staff is telling me they don't have enough funds to secure those vacant homes. How do we use this funding you're collecting? Where does it go? City of Miami Page 57 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Ms. Mendez: Right now, my understanding is that the funding goes to -- back -- when we collect -- you mean the 300,000 or so that we've collected over -- Vice Chair Gort: Right. Ms. Mendez: -- over the past year -- Vice Chair Gort: Right. Ms. Mendez: -- and a half? That funding, my understanding, goes to the general fund, but the Administration might be better equipped to advise us. Vice Chair Gort: I would like to ask that those funding be utilized to secure the home -- Chair Sarnoff It doesn't go -- Commissioner Suarez: No. Vice Chair Gort: Not -- Chair Sarnoff -- to the general fund Daniell. Alfonso: Daniel Alfonso, CFO (Chief Financial Officer). I want to make a correction. Last year we established an account whereby these funds would return to that special revenue account so that we could continue the program of unsafe structure demolition. Vice Chair Gort: So GSA (General Services Administration) and our Administration have funds to secure those abandoned homes? Mr. Alfonso: The demolition fund is a separate fund We ask GSA sometimes to secure the homes. Demolition is a little different. Ms. Mendez: Well, the reason why the Commissioner is asking is because we collect two things. We collect the lot clearing liens, which are the ones that allow us to board up, clean, cut grass, and fix, which are special assessments, and then it's the demolition -- Mr. Alfonso: Right. Ms. Mendez: -- funds, so we're collecting both. Mr. Alfonso: Right. But the lot clearing, you're right, it goes back into the general fund, 'cause we actually budget lot clearing in the general fund like in the NET (Neighborhood Enhancement Team) -- Code Enforcement Department, et cetera, has a fund for lot clearing. Vice Chair Gort: So we have funds to take care of vacant homes? Mr. Alfonso: We have a budget of $140, 000 a year, I believe, in Code to do lot clearing. Vice Chair Gort: 'Cause that's how we improve quality of life. Mr. Alfonso: I'm sorry; I missed that. Vice Chair Gort: I just want to make sure, when we get a complaint, that we forward it to our Administration; that people can take care -- our people can take care of it, securing those places. City ofMiami Page 58 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Alfonso: We have money for lot clearing -- Vice Chair Gort: Uh-huh. Mr. Alfonso: -- in the budget. Vice Chair Gort: Right. Mr. Alfonso: Okay. Ms. Mendez: And does that lot clearing also take care of boarding up, securing, andl think that's where we're -- Mr. Alfonso: Normally, that's not what lot clearing is. Ms. Mendez: Right. Even though it can be and it has been in the past, but that's why the Commissioner wants to be sure that when he calls me and says, Madam City Attorney, I need this enjoined; I need this taken care of I need it boarded up, secured, et cetera,'that there is monies. And apparently, he's been getting -- just saying that there's not that available -- Mr. Alfonso: Right. Ms. Mendez: -- funding. Mr. Alfonso: And -- Ms. Mendez: So that's why -- Mr. Alfonso: -- the NET Department, like I said, uses that money to do that, but we ask GSA 'cause they could do it cheaper than what we've been getting an outside vendor to do when GSA does it cheaper. And then we put a lien through, and that money gets collected, hopefully at some point, it goes back into the general fund. Vice Chair Gort: IfI may, Chair. Unidentified Speaker: Mr. Chairman. Chair Sarnoff Can I jump in for a second? Have you ever collected a special assessment since you've been here? Ms. Mendez: Those are the monies we've collected. We've collected -- Chair Sarnoff No, no, no, but people paying it. But have you ever had to foreclose on your special assessment? Ms. Mendez: We have made counts and injunctive relief that has counts with regard to foreclosure, but that we've gone out and fully foreclosed on a property, no, because we need to sometimes have to pay certain things in order to be able to do that. Chair Sarnoff We've been at this -- and he started it -- well -- and we were all anticipating -- 'cause special assessment had this special two-year period. We're all looking forward to our first special assessment foreclosure. Commissioner Suarez: I want to go to the hearing. That's going to be a lot of fun. But let me just say this. City ofMiami Page 59 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Ms. Mendez: Right. We still have the one-year tickler -- Commissioner Suarez: Right. Ms. Mendez: -- which I believe that one of your districts has a tickler -- Commissioner Suarez: I'm pretty sure -- Ms. Mendez: -- coming up. Commissioner Suarez: -- it's mine. Mr. Chair, ifI may? Chair Sarnoff Yeah. Commissioner Suarez: Yeah. I just want to -- from a -- providing historical context perspective, you'll remember that when I got here, I was astonished to find out that the City had accumulated hundreds of thousands of dollars, if not millions of dollars -- Vice Chair Gort: Millions. Commissioner Suarez: -- in funds that were owed to it in these different categories, so I worked with -- actually with -- at the time she was an Assistant City Attorney, with Victoria Mendez to analyze these amounts that were outstanding to see which one of them we could still collect, 'cause a lot of them were -- had already gone beyond the statute of limitations, so we hadn't done anything to collect those and -- which were the ones that we thought that we could collect. Because also with Code Enforcement liens and fines, as you know, they don't have the same priority -- they're not viewed under the law with the same priority as a mortgage is, so what happens is they usually get wiped out, because, as we all know, right now most properties are under water. So we did the whole analysis and we've collected upwards of over $300,000, probably approaching $400, 000 since we started that effort. But there are two things to know. One is, despite my best efforts to try to get all parties involved to be as aggressive as they need to be, including but not limited to filing lawsuits to enforce our Code and foreclose, if necessary, on these liens, that has yet to actually happen. So we're -- as far as I know. So we have one test case that I've been following in my district that is hopefully close to being ripe enough to file the lawsuit, so that's -- we're also doing it with illegal units, which is something that has been a problem, because if people are building illegal units or not building to Code and -- it creates a tremendous disruption to the neighbors and the neighborhoods, and the only way to get them to comply is basically for the judges to threaten them. You either show cause as to why you're not complying with the law or we're going to put you in jail. So we've been going through that process. But what don't understand is -- and Madam City Attorney andAdministration, you guys are having kind of sidebar things going on there. What I don't understand is, to the Commissioner's point, why can't we expand the fund? Why does the fund have to be so limited? In other words, we're collecting money through special -- through the collection of special assessments. Why can't we say that the fund can be used for not only demolition, but also for boarding up, for lock --? In other words, why do we have to have a segregation? Why can't we just combine it all onto one fund that we can use for all those purposes? Mr. Alfonso: I don't see a problem with that. We have a special revenue account specially for the demolitions. Commissioner Suarez: Right. Mr. Alfonso: Andl checked -- the correct amount that we have in Code is actually $180, 000. What we currently do is Code will go in lot clear, ask GSA to secure the lot, the facility. GSA has City of Miami Page 60 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 a charge that they have to put through because they have an expense that they have incurred that wasn't in their budget; then we lien the property for that work that's been done. Vice Chair Gort: Right. Commissioner Suarez: And the reason why -- just to -- for refreshment purposes, the reason why we did it that way is because we were allocating CDBG (Community Development Block Grant) dollars for demo, but there was a lot of areas that were not CDBG-eligible. So since we're collecting the funds and they were, you know, allowed for any demo in any part of the City, we wanted to have a revolving fund that we could use for demolition purposes. But my thinking on it is, I don't think we should have funds -- money in a fund and restrict our ability if it's eligible to be used for other sources. Just because we put it in a special revenue account, say it's only for demo. You know, we could use it for lot clearing; we could use it for boarding up homes, because at the end of day, this is all about quality of life. It's about, you know, the fact that in our neighborhoods, if you own a home and the house next to you is in a deteriorating condition, that affects your value, that affects your quality of life. You got to -- you leave your house every single day and you have to look at that house; it's an eyesore. We even looked at the metallic coverings, if you recall, you know, and requiring people to have the metallic coverings with some sort of a picture, which makes it seem like the house is still being used if it can't be demolished. Because the other issue is not all houses, even though they're in pretty bad condition, need to be demolished. Unidentified Speaker: Yes, yes. Commissioner Suarez: You have to go through the whole Unsafe Structure [sic] Board, which by the way, we also reformed to condense the unsafe structure processfrom -- it was taking half a year to, you know, two to three months by creating our own Unsafe Structures Board, and we did that a lot under the guidance of the old Building director. But be that as it may -- yes, go ahead. Vice Chair Gort: Let me ask a question. Would this be considered sort of like a tax lien and that's -- Commissioner Suarez: Yes. Vice Chair Gort: -- got first position? Commissioner Suarez: Yes, yes. Chair Sarnoff Special assessment, yes. Commissioner Suarez: Yes. Vice Chair Gort: It's a special -- Ms. Mendez: What we -- Vice Chair Gort: -- assessment so we're not -- Ms. Mendez: -- we're claiming it's supermajority, but we haven't fully tested that yet. Commissioner Suarez: We haven't been sued yet for someone to undo it. Chair Sarnoff Yeah, but -- I mean, we owe -- I feel like -- look, I just did a little math with your little -- two little memos, which apparently you want us to see. So $769, 000 of potential liens are out there that you think are collectable. Over 400 and -- no, $500, 000 has been collected. What City of Miami Page 61 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 I want to make sure happens -- 'cause I happen to be in one of those communities that's ineligible for practically nothing. But when I want to -- you know, when I want to board up a home or when I want to see if an unsafe structure exist, I'm the guy that's always told, lio money for your neighborhood, Commissioner, 'and there should be money here. And this shouldn't go to the general fund. This money should be held so that -- you know, it's his vision. It's a good vision. And this gets to the point where I'm -- I am frustrated. I keep hearing, "We're going to get demand letters. We're going to file suit." I hate gerunds. They're endless in the City ofMiami. "We're going to do something. We're getting to the place we need to be. We're eventually" -- I didn't use a gerund on that one. Let's go. Ms. Mendez: Andl think this memo thatl wanted you to see -- Chair Sarnoff Right. Ms. Mendez: -- because it's, you know, part and parcel of the discussion that's happening. Based on the vision of Commissioner Suarez, my office has -- not "is going," "trying" -- collected over $400, 000 in a year and a half, so we are doing what this Commission has requested. We are much more litigation prone. We are doing much more injunctions. Commissioner Suarez: We are being aggressive. Ms. Mendez: When I was the Code Enforcement attorney, I took a lot of cases, a lot of cases to court, and that is why we are that proactive, and I'm willing to litigate everything and anything, pretty much. So we will, not "going, trying." Commissioner Suarez: And some of it is limitations in the law, which is when we had that first test case that -- because some of this -- this is actually untested stuff, believe it or not, as the City Attorney said, because no city does it. Chair Sarnoff Right. Commissioner Suarez: We're really blazing a trail. And what happened is we ran into some limitations in the State Statutes that just didn't allow us to go at the speed -- Chair Sarnoff Right. Commissioner Suarez: -- with which I wanted to go, and, you know, it is what it is. You have to respect the law and you have to follow the law and once we -- once it becomes ripe, you can bet that we're going to be doing that. Because I think -- like I said the first time, this is about -- we were spending money, andl wanted to prove to the Commission that it could be done and that we could create a revolving fund that we could use on a continual basis for quality of life issues like this, but to the point -- andl think, you know, Mr. Alfonso wants to chime in on this. But think maybe where -- in that pool of funds where there are funds available, maybe the issue can just be expanding the restrictions on what we had segregated it for, because I think at that point, you know -- It is money that we can use for those -- all those other purposes. Mr. Alfonso: Right, andl wanted to clarify. The reason why there are two separate areas of funding, if you recall, we had pretty much run out of NSP or there was no area -- there were some areas that could not be funded with NSP, so the Commission directed us to take a one-time amount of seed money and put it into a special revenue fund, and as the demolitions occurred, money would go back into that fund and then we'd be -- Commissioner Suarez: Right. Mr. Alfonso: -- using it. City ofMiami Page 62 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Suarez: Right. Mr. Alfonso: The other area that I'm talking about in Code Enforcement where you have that 180, that's a recurring 180,000 every year that can be used for lot clearing, and if they need to board up the place, they can do that. And that's why that has like no restriction on the 180 whatsoever, except to lot clear and board. The other was a one-time nonrecurring general fund contribution that would self -fund, and that's why there are two separate areas. But if it's the will of the Commission to maybe take that money, put it all into one pot, you know, that's -- we're willing to do it. Commissioner Suarez: I think it makes a lot of sense, because what happens is we saw a phenomenon of houses that were being foreclosed and that phenomenon, even though we're still the foreclosure capital, believe it or not, of the United States, Florida -- in South Florida, believe it or not, that phenomenon is, I think, winding down; andl think, obviously, there's a lot of houses that need to be demoed, particularly in District 5. There's a lot of houses that need to be demoed in District 2 as well. I think you may even have had the most. Chair Sarnoff I think do. Commissioner Suarez: I don't how redistricting, moving the boundaries affected that number, but those are the ones that had the most homes, and obviously, that's a process in and of itself. But I think Commissioner Gort's right. I mean, you know, these are quality of life issues, andl think every district has a tremendous need for quality of life -type dollars that we can use to make our neighborhoods look more beautiful. Commissioner Hardemon: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Hardemon: This issue is incredibly important to me also, because when I knock on doors in my community -- and we do a lot of walking -- literally, you may have three or four abandoned homes on that street, and it greatly decreases the quality of life for the residents that live on those streets, and in fact, it become a safety hazard for the people that not only live there in the community, but then it becomes a safety hazard for police officers who have to address calls to those homes; and knowing that my mother is a City ofMiami police officer, I always said I want her to come home at night. And so, with that being said -- and I look forward to partnering with you, Commissioner Suarez, and bringing about an idea, because I have a few ideas that we can utilize the monies that we have that doesn't require us to necessarily knock down homes, but to maintain those homes and use the community agencies that are out there to actually utilize their manpower to maintain those homes. They're closer to the ground than we are. So if we use them to maintain those homes -- andl have some ideas for legislation for that -- we can use the money as best as possible, and sometimes, there's going to be -- there are going to be homes that need -- that absolutely need to be demolished, but if not, we will at least have the best -looking trash pile home in the community. And what mean by that is that the yards are maintained, the gate is intact, that the home is properly boarded; it's just that the roof has caved in versus the grass being six feet high, the fence all over the place, and no one -- and everyone being afraid to even walk towards the structure. So I look forward to bringing that type of legislation, andl hope to have you all support on that. Thank you. Chair Sarnoff All right. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.5. City ofMiami Page 63 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. SR.6 ORDINANCE 13-01306 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VII/SECTION 62-32 OF THE CODE OF THE CITY OF MIAMI, 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 Commissioner Suarez, seconded by Commissioner Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13423 Chair Sarnoff All right, SR.6, and then we'll break for lunch. Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Hardemon: Second. Chair Sarnoff Second by Commissioner Hardemon. Commissioner Carollo: Second; discussion. Chair Sarnoff And Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you. The last time that this came before us, the argument was made that this one might bring additional revenues to the City, because some of the areas that you're looking at improving is more affluent, andl raised the question, "Well, then, if it's more affluent, why are we going to remove this fee?" So I just wanted to expound on that a little bit, andl haven't seen, you know, public discussion, so, you know, I welcome to see what the public needs to say with regards to this, 'cause there was none the last time. Francisco Garcia: Briefly, for the record, my name is Francisco Garcia. I am the Planning & Zoning director. We spoke in favor of this proposal on two counts, Commissioner. First, of course, that it will facilitate compliance for property owners who own historic properties or properties that are within historic districts in the City by reducing the bureaucracy attached to processing plans to do work in the residences, and I had mentioned as part of that presentation that happens to be the case; that disproportionately, these historic districts or these historic neighborhoods are in the more affluent areas of the City. That is not always the case. There are some areas that are more modest in nature that are also historic neighborhoods, such as Spring City ofMiami Page 64 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Gardens just to name one. But I would like to place emphasis on the point that it serves essentially to remove an obstacle. There is already a permitting procedure in place. That permitting procedure will continue to be in place. As part of that permitting procedure, the review by the Preservation Office will continue to take place. What we are simply proposing is that that additional review by the Preservation Office be basically provided for free as opposed to charging $50 every time that review needs to take place, in addition to the permit fees. As I stated before on the record -- and this was asked by you, as well, in the previous meeting -- the overall impact on a yearly basis will be approximately $13, 000. We feel confident -- and certainly, the Budget office is here to corroborate that -- that that is certainly within the possibilities of the department to confront. Above and beyond that, we certainly heard loud and clear from the many communities that are affected that this was a very welcome proposal, and so we are certainly in favor of it. Chair Sarnoff Mr. Cruz, you're recognized for the record. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. And before I begin, congratulations and welcome to our newest Commissioner, Commissioner Hardemon. I would like to thank this Commission and the Mayor for bringing this item forward on behalf of all historic preservation advocates throughout the City. Historic preservation is a wonderful tool for furthering all the goals of good government, including neighborhood stability, neighborhood pride, quality of life, and enhanced property values. So ifI may speak specifically to what Commissioner Carollo mentioned, this is a $50 fee, which has proven to be a disincentive for individuals to comply with historic preservation. It's a fairly modest fee you might say; however, the other side of the coin, which is the amount of revenue that the City would receive from enhanced compliance with historic preservation in those neighborhoods far offsets the fee that would be charged. It is definitely a case of the City having kind of cut off its nose to spite its face in this case. We're trying to reverse that. I would also like to mention that my neighborhood, Morningside, which is the City of Miami's first historic district, also the City of Miami's first national historic district, was established on December 20, 1984. I was present for that. In fact, I'm the one who first went down to the City Administration Building and suggested that they make Morningside an historic district. And back then, we were told that there would be no charge for a simple certificate of appropriateness, and so institutional memory does not always endure as well as it should. That promise was forgotten and this was put into effect. Lastly, my neighborhood is going to be celebrating its 30th anniversary as Miami's first historic district. We're going to be having a home tour on March 2 of 2014, in a few months. You're all invited; everyone here is invited; everyone on TV (television) is invited. Please come, and thank you again for this effort to help improve our City. Thank you. Commissioner Suarez: Thank you. Mr. Chair. Chair Sarnoff You're recognized. Commissioner Suarez: I'll yield to Commissioner Gort. Chair Sarnoff Oh, I'm sorry. Commissioner Suarez: Commissioner Gort, did you want to chime in? Vice Chair Gort: Yeah. That was going to be my question, is the economic impact versus -- $13, 000 that we can lose, but we're going to gain more or less a lot more. So at first, I was sort of against it. I voted against it in the first reading, and one of the reasons is, is $50 really keeping -- is the obstacle, or is it the whole procedure? Because a lot of times, the people have problem not so much as the fee, but the procedure they have to follow, and the length of the transactions that it take, and that was my main question. But I do understand that $13, 000, the value of the properties that take care of this, it's going to double or triple. Okay. City of Miami Page 65 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff All right. Commissioner Suarez: Mr. Chair. Chair Sarnoff I'm going to let Ms. Holmes speak. Renita Holmes: Thank you. I just -- andl was curious of another question, butt know that sometimes, particularly from my point of view, the residents of my community, the historic properties in my community are hardly ever historic. They become torn down. The income level of those who own the historic properties in my community, they're my seniors. They're on fixed income. And so I can see how $50 affects it, those who have another income. But when I talk about innovative andl talk about appropriateness and entitlement, I think there are -- I know that there are other innovative ways to avoid us giving away $13, 000 that could be better utilized to restore or put back into the community in some type of way. That's income for the public, and it's a fee, and it's a process; it costs. But I agree with you, Commissioner Gort, that the process itself, the entire process, for poor folks, for seniors, for disabled property owners, I know, because as a paralegal, half of the time when I'm not here, that's when I -- that's who I'm assisting. The word that gets me most is "environmental preservation," because when you look at impoverished communities, environmental impact, or the environmental support that we have, or the environmental injustice that's occurred, it's at a higher degree than it is for those who live in nice houses, you know -- and no disrespect -- middle income or Morningside. So I see it, but then I'm hoping maybe that you may try what the County has tried; to utilize, to balance it to give back to the public by allowing some type of assistance or technical assistance to those who live in historic communities that are impoverished, like a 86 year -old woman that still owns property in Overtown that's going to be next to a new project that is going to cause some respiratory problems and some other environmental issues that raise about. Again, I know you're hungry, andl know you want to go to lunch, but I just ask for you that you take a look at how we can expand upon that process, and the citizen participation, and the fairness; not just in reducing or eliminating a fee, but in maybe providing some technical assistance so that it's fair for those to maintain their properties, okay? Chair Sarnoff Thank you. Ms. Holmes: Thank you. Chair Sarnoff Mr. Cruz. Mariano Cruz: Mariano Cruz. I am not related to Elvis Cruz although I am Cruz. Chair Sarnoff I know you guys are brothers. Mr. Cruz: No. I am not for the elimination of the fee, because any time some of these fees, you know, they may stop the people from applying anyway, I don't think is that the big revenue and all considering the budget of the City. Anyway, thank you. Bye. Chair Sarnoff Thank you. Anyone else wishing to be heard on SR. 6, SR. 6? The public hearing is now closed; coming back to this Commission. Is there any further --? Commissioner Suarez: Yeah, just very -- Chair Sarnoff Yeah, I'm sorry. I apologize. Commissioner Suarez: -- brief. I just want to say that, obviously, I'm supporting this 'cause any time we're moving a fee, it's music to my ears, and we did something similar for all residents, City ofMiami Page 66 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 particularly for the poor in our community, when we reduced the permitting fee for construction projects under $2, 500, which is the -- you know -- typical construction projects that happen in most homes in the City ofMiami when you want to swap out a toilet, you know, you want to change a door, a window, whatever, and we noticed that in some cases, the actual permit fee was greater than the thing to be replaced, which is pretty unbelievable, but not really unbelievable when you think about government sometimes and some of the stories that you hear. I think the permit fee for a toilet was actually higher than the toilet, itself so it's certainly a disincentive for people to get a permit. You know, things like this are just common sense things. Certainly, the fiscal impact is minimal andl thank you for bringing it. Chair Sarnoff All right, anybody else? All right, Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance -- Commissioner Suarez: Mr. Chair. Mr. Hannon: -- passes on second reading, 5-0. Commissioner Suarez: Before we break for lunch, I just want to inform the Commission that I'm going to go to the MPO (Metropolitan Planning Organization) hearing in the afternoon, so I won't be here. The only item that I would request not be heard in my absence is RE.14 and 15, because I have to negotiate with the City Attorney her salary, so I just -- that's the only one, but I'll be gone. I won't be back in the afternoon until it's over, because there's a variety of MPO -- of City issues in the MPO. Chair Sarnoff And we won't see you again, right? Commissioner Carollo: Yes. Commissioner Suarez: Wishful thinking, I'm sure. Chair Sarnoff No, no, no, you'll be back. Commissioner Suarez: No, I'll be back after the MPO. I just won't be back after lunch, right. Chair Sarnoff Okay. Vice Chair Gort: Fourteen and 15. Chair Sarnoff Okay. Commissioner Carollo: Lunch. Chair Sarnoff Lunch, I figure -- Commissioner Carollo: Two. Chair Sarnoff Why not go to 3 o'clock? Because if you look at the day, the way it's going to unfold -- City ofMiami Page 67 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 FR.1 13-01347 Department of Procurement END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY CREATING SECTION 18-118, ENTITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND BY CREATING SECTION 18-119, ENTITLED "UNSOLICITED PROPOSALS", TO CODIFY THE PROCUREMENT PROCEDURES TO BE USED FOR PUBLIC -PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS CONSISTENT WITH SECTION 287.05712, FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01347 Summary Form FR.pdf 13-01347 Final Bill Analysis.pdf 13-01347 State Statute 287.05712. pdf 13-01347 Legislation FR (Version 2).pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item FR.1 was deferred to the January 23, 2014, Planning and Zoning Commission Meeting. Chair Sarnoff Okay, so going back to the top of the agenda, which refers to FR.1. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Procurement director. FR.1 is an ordinance to create two new sections in the Procurement Code, Chapter 18, Article 3, by creating new section 18-118, entitled "Public -Private Partnerships," and new Section 18-119, entitled "Unsolicited Proposals." The purpose of this ordinance is to define the procurement procedures to be used by the City for public private partnerships and unsolicited proposals in a manner consistent with newly codified Florida Statute Section 287.05712. I would like to point out for the record that the sale or lease of real property within the City of Miami is specifically excluded from Article 3 of Chapter 18 in the Procurement Code. Section 29 of the City Charter and Article 5 of Chapter 18 govern the provisions for the leasing and sale of real property, and this ordinance in no way changes that. I just wanted to state that for the record. Chair Sarnoff Okay. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. I have a lot of reservations with FR.1. First of all, it just -- there's a lot going on. There's a lot of -- it's not an easily read document. There's a lot of things going on, and the bottom line is that I requested to meet with the Procurement director, and somehow, I don't know where the miscommunication happened, but I wasn't able to meet with him, and at the same time, I received an e-mail (electronic) today, and from a resident, Ms. City ofMiami Page 68 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Solares, that raises quite a few issues, andl haven't been able to discuss it with our City Attorney, so I'm having a lot of difficulties with -- or at least being in favor of FR.1, so I would -- Chair Sarnoff You want to continue it? Commissioner Carollo: -- either want to continue it, or -- well, my preference is to continue it. Chair Sarnoff All right, so let's take that as a motion to continue. Commissioner Gort's recognized. Mr. Robertson: I'd be happy to clarify the intent of the ordinance. I have quite a bit of experience with public private partnerships with my work experience at FDOT (Florida Department of Transportation). Chair Sarnoff Go ahead. Commissioner Carollo: Yeah, andl would have loved for us to have been able to meet. Mr. Robertson: Okay. For several years already, the Florida Department of Transportation has had statutory authority to procure public private partnerships. The Port ofMiami Tunnel was procured as a design, build, finance, operate, maintain public -private partnership contract. Essentially, it's an innovative way to procure a contract that would not otherwise be able to be procured if an agency doesn't have the funding source to complete the project upfront. Traditionally, and the way this ordinance is laid out is that we've taken our existing request for proposal process and basically adopted the State statute that allows us to procure using public -private partnerships, using our regular RFP (Request for Proposals) process. The language in Section 18-86 for RFPs is exactly copied into these new sections to show clearly that when we invoke the P3 statute -- we call it P3 for "Public -Private Partnership" -- when we use the P3 procurement, we would be using a request for proposal process in accordance with the language currently codified in Section 18-86. When I was at FDOT, I completed several large-scale P3 projects, including the express lanes on I-95, the Section 8 -- the 826/836 Interchange Project was a huge $590 million P3 contract that was a design, build, finance approach. Basically, when an agency finds itself that it does not have the money to complete the project up front, we go to the public sector, and we ask them to finance the project for us. So the evaluation of the RFP includes a component for financing analysis. What interest rate are you going to offer the City? How much will the project cost at the end? What is our repayment schedule like? How much money has the City allocated each year to make paybacks to the contractor? So, in essence, it allows us to complete the project now and pay over time, rather than defer the project to the detriment of the citizens of the City. We would prefer to complete projects that are sensitive to our infrastructure now, rather than later. Commissioner Carollo: Listen, I don't have a problem with the public private partnership. I think the City has been involved in many public -private partnerships. I, myself, as a representative of the City, have done it. So my issue is not the public private partnership, 'cause it sounds very nice, butl think attorneys say, "The devil's in the details." So I just want to make sure that we have ample time to go over the details. I know I have not had ample time to go over the details in the length that I would like for it to go into details with you, with our City Attorney. I know today, we received an e-mail; at least I saw the e-mail today from a resident that -- and I'll say who it is. It was Ms. Grace Solares, and she pointed out quite a few issues or potential issues; they may not be. But the bottom line is I would like to, at the very least, be able to have the time to air out those issues with our Administration, with our City Attorney. So I feel uncomfortable voting in favor of this, at least right now. Chair Sarnoff All right, Commissioner Gort. City ofMiami Page 69 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 FR.2 13-01146 District 2- Commissioner Marc David Sarnoff Vice Chair Gort: Look, my understanding is most of the worry of the individuals, there's not going to be a fair way to do things. My understanding is in talking to the Administration, there will be an RFP, they will come up, and then they will select; the same thing as we do an RFP for any other thing. Also, unsolicited proposal gives the idea -- andl tell you, I worked a lot when I was in finance, I worked a lot of the 3Ps, andl worked a lot of unsolicited proposals. Unsolicited proposal gives you the idea you have people searching, and looking, and coming up with ideas. Unsolicited proposal in finances works derently. In this one, I understand even if someone comes with unsolicited proposal, will -- still will have to go out through a REP process to be selected. I understand you want some additional time, andl think it's fine, but how much time? 'Cause I have couple of projects that needs to be done within my district, and I'd like to get them done. Commissioner Carollo: And the thing about this, Commissioner Gort, is that, yes, they still go through an RFP process, but it's expedited REP process; 20 days or `X" number of days. Vice Chair Gort: I'll second the motion. I understand you want to sit down, but I want to know how much time you're going to need. Commissioner Carollo: I'd say the second meeting in January. It's -- usually, when you say "a continuance, " it's the same like meaning -- I understand that we joined meetings this time, so I would say the second meeting in January. Vice Chair Gort: Okay. Chair Sarnoff Commissioner Hardemon, you all right? Commissioner Hardemon: I don't have any (UNINTELLIGIBLE). Chair Sarnoff All right, so we're going to take it as a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Second meeting in January. Mr. Robertson: Thank you. Commissioner Carollo: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DISTRICT, MORE PARTICULARLY BY CREATING A NEW DIVISION 3 ENTITLED "DOWNTOWN PEDESTRIAN PRIORITY ZONE", CONTAINING SECTIONS ESTABLISHING THE DOWNTOWN PEDESTRIAN PRIORITY ZONE, SETTING BOUNDARIES, ESTABLISHING STANDARDS FOR PEDESTRIAN COMFORT AND SAFETY, AND PROVIDING THAT THIS DIVISION SHALL GOVERN IN THE EVENT OF CONFLICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01146 Back -Up Documents FR/SR.pdf 13-01146 Legislation SR.pdf City of Miami Page 70 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Sarnoff All right, so for the first time certain today, we have FR.2, the Pedestrian Priority Zone. Good morning, Ms. Robertson. You're recognized for the record. Alyce Robertson: Hi. Alyce Robertson, executive director of the Miami Downtown Development Authority. I'd like -- we're bringing up here today something that's very important for downtown, and that is the Pedestrian Priority Zone, and I'm going to go very quickly through these slides so you get kind of an idea of what we're talking about. In downtown there are more than 200,000 people who live, work, and play here every day, and there's over 1,000 events. We have more than 2 million visitors to downtown, and in the last decade, we've doubled our residential population. Sixty percent of the City's workforce is employed in downtown. The property tax values have gone up by -- gone up the 12 and a half billion dollars, and it represents 40 percent of the City's tax base. South Florida was ranked the fourth most dangerous metro area in the U.S. (United States) for pedestrians, and that's an important -- you see the cover there with "Dangerous by Design," and that is, we think that there are some design issues that contribute to that. In 2009, there were 69 pedestrian crashes resulting in fatalities in Miami -Dade County, and you can see the communities that are affected. It's not just downtown, but it's all over the City ofMiami and all over South Florida. Miami -Dade County is number one county in Florida for hit-and-run crashes. And you can see that increased pedestrian cyclist injuries and fatalities along Brickell. One of the things contributing to that is the speed, and one of -- Commissioner Sarnoff has led the charge on trying to lower that speed. Your chance of survival at 40 miles per hour is you have a 83 percent chance of dying at 40 miles an hour; whereas, at 20 miles an hour, it's only 5 percent. As part of the downtown master plan, one of the things we want to do is figure out how you can calm automobile traffic and improve bicycle safety, and with that in order, we went to the Metropolitan Planning Organization, and Commission -- asked them to commission a study on a motor priority zone, and what that means in regular speak besides, it is a pedestrian priority zone. Normally, what you see in the triangle is -- the top of the triangle is the car, and what we're trying to do is prioritize the pedestrian to be at the top. And there are 10 things that are in the pedestrian priority zone. One is to create clear paths throughout the downtown district so that there's room, wider sidewalks for people to walk on; require intersection crosswalks at all intersections. You'd think that would be a given in an areas as dense as downtown. However, it isn't. There are many areas where their turn -- there -- right on, you know, 1st and Biscayne where you can -- there are no crosswalks, people can't get from the Metro Mover Station across; to align the curb ramps with the sidewalks so that you're not -- you have them perpendicular to the path of travel. To provide automatic countdown timers with more crossing time. One of the things that happen, we have a lot of visitors who come into downtown, and they don't know that you have to press that little button in order to get the crosswalk, and so they stand there on the corner waiting for the light to change and it doesn't ever change. To designate a 25-mile-per-hour speed limit in -- throughout downtown. As I said earlier, your chances of surviving a crash is much higher at 25 miles an hour than it is at 40 miles an hour. To reduce lane widths so that there's more room for bike paths and also as a traffic -calming device to have narrower bike lanes. To prohibit right turns on red. This is done in Manhattan where -- because there's such high pedestrian density in Manhattan, it's prohibited to have any right turn on red. Extend the sidewalks at all intersections so there's less crossing distance, so that the pedestrian will have a shorter time to cross a major roadway. To enhance midblock lighting so that it's safer and that you get rid of dark areas in the middle of the block. And then, of course, my favorite, providing more trees so that it's -- and canopies so that it's more comfortable for pedestrians to get around. On this issue -- you know, most of the people who drive into downtown, they usually park their car and they become a pedestrian, because traveling around and going from garage to garage is not -- usually, you'll take either a trolley or the Metro Mover or you'll be a walker. And so one of the things I would urge the Commission to consider this as a -- kind of a unique way of dealing with pedestrian issues that's much needed in City ofMiami Page 71 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 this community. Thank you. Chair Sarnoff All right, so -- Vice Chair Gort: Thank you. At this time -- Chair Sarnoff I'd like to make a motion. Vice Chair Gort: Is this a public hearings [sic]? Like to open the public hearings [sic]. Anyone in the public would like to address this issue? Anyone in the public? Grace Solares: Good morning. Grace Solares, 60 Southwest 30th Road. Welcome, Commissioner Hardemon. This all looks very pretty. I just wanted to know who's going to pay for it. Is it going to come out of the 40 percent of the people that pay all of that money there or the monies will be from the entire pool of taxes in the City, coming from the poorer sections in town, actually contributing to the beautification of an already pretty section and very affluent section ofMiami? I just want to know who's going to pay for this. It's beautiful. It's beautiful. However, who's going to pay for this? Thank you. Vice Chair Gort: Thank you. Anyone else? No one else. Close the public hearings [sic]. Yes, Mr. Chairman. Chair Sarnoff So, I'd like to make a motion, but what I'd like to say is, first and foremost, the Miami Herald editorial board, of course, endorsed this and suggested it was a great idea, but more importantly, I think this Commission and any Commissioners that had the opportunity to work with the County or the Florida Department of Transportation knows that the priority in our city for other than City ofMiami elected leaders is to move the car ahead of the pedestrian, and we have a saying downtown. It's called "The pedestrian yields to the car." If we could change that attitude, if we could change that mindset so that the car yields to the pedestrian, you will continue downtown as being the life blood of the City ofMiami. You've already seen how many people are employed down there. In this study, what we also learned is -- we used to say the Port ofMiami or the airport was the number one employer for Miami -Dade County. As it turns out, the number one employer for Miami -Dade County is downtown Miami, and it brings in more dollars than the other two -- I'm not going to say combined but close to being combined. So what we should do is be far -thinking, and we should be setting up downtown to flourish. We should be setting up downtown to do the best practices, such as cities as New York, San Francisco, Atlanta, Philadelphia, who have all employed these very same attitudes. We shouldn't be concerned with "Well, how are we going to get this done?" 'cause the first thing you have to do on the words of Robert Kennedy is "dream big." And you have to then create the ladders to that dream. This is nothing more than setting downtown as a pedestrian friendly zone. It is just changing the mindset. It's putting the pedestrian as a priority versus the vehicle, and if you can't accept that and you can't support that, then downtown will hit a certain level and will peak at that level. So Mr. Chair, I certainly endorse this; hope my other Commissioner will. In the words of the Miami Herald, "Let's pass it on first reading." Let's work with the County, and we'll bring it back on second reading. Vice Chair Gort: Is there a second? Is there a second? Commissioner Hardemon: Second. Commissioner Carollo: Second. Vice Chair Gort: it's been move and second. Any further discussion? Commissioner Hardemon: I would like to say one thing. City ofMiami Page 72 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Vice Chair Gort: Yes, sir. Commissioner Hardemon: In reference to public safety, which is one of my biggest concerns for this community for -- across all districts -- it doesn't matter if it is in District 5 or District 2 or any other districts; District 4. When I consider the downtown Miami Pedestrian Priority Zone and its aims, it is encouragable, so I believe that we have a responsibility to ensure public safety for our community, and from there, we have to assign the resources to make it happen. So with that being said, I'm encouraged. Chair Sarnoff Thank you. Vice Chair Gort: As a past member of the DDA (Downtown Development Authority), this is something that I think the DDA has been working for a long time. At the same time, it's very important to people to understand, DDA is funded by an additional tax that is paid by the property owner within the district, so they create their own funding also. At the same time, we had a plan that was established about 15 years ago. It was -- process of $14 million, and it was a combination at the City, the State, and the County, 'cause downtown Miami is very important to the whole City and to the County. It's the reception door to the Miami -Dade County and to the City ofMiami. At the same time, I believe this pilot program is already good within the City -- with downtown Miami. This is something that we got to look at it, see how it functions, and we can apply -- I can see it applied in a lot of my district. I can see it applied on 17th Avenue, 20th Street, where we had the same problems that you have there. We have all those businesses, and we need to do something about the pedestrian. So I don't have any problem in approving this for the first reading. Commissioner Carollo: Mr. Chairman. Vice Chair Gort: Any further discussion? Commissioner Carollo: Mr. Chairman. Vice Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. And I first like to commend the DDA for bringing this forward and actually making it real clear, the 10 different aspects that you want to point out. In the past, we haven't agreed on everything, but I do believe that this is the mission of the DDA. This is exactly what the DDA needs to be doing, andl think you're doing a very good job at it. You know, Commissioner Sarnoff, when you mentioned as far as dealing with FDOT (Florida Department of Transportation), I'm dealing with FDOT because of Southwest 8th Street, and one of the things that was highlighted is the lack of crosswalks, and not only that, even though there's a crosswalk, you really can't see it; pedestrians don't know they're there. I've been working with the Manager as a liaison buffer with FDOT, because some of the same things that you're mentioning right here we want to implement, so -- andl understand with regards to funding. As a matter of fact, Commissioner Gort is correct; the DDA area has an additional tax or revenue source that I'm sure could be used to implement some of this, but I don't think we're there yet. I don't think we're saying this is what we're doing. I don't think we're (UNINTELLIGIBLE). I think what you're saying, Mr. Chairman, is "Hey, this is a goal, this is a plan, and let's start working now on how we're going to get there." But I truly believe that, yes, we're starting to become a lot more pedestrian friendly, especially with all the new buildings in downtown Miami, and we -- as a Commission, as a city, we need to embrace that and be more conducive to friendly -- to pedestrian friendly community. So I will be supporting this. Thank you. Vice Chair Gort: Thank you. Anyone else? City ofMiami Page 73 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Ms. Robertson: IfI may, one point on the funding issues. There are grants available from FDOT. In fact, we've already received one from FDOT to implement some of these aspects of making it a more pedestrian -- 'cause in many places, you know, there's a Metro Mover stop that just drops somebody off and there's no way -- they're on an island then and they can't go anywhere. So there's a lot of things and, in looking at it from the view of the pedestrian has been very helpful in seeing what barriers we had. Vice Chair Gort: Go ahead. Any further discussion? Being none, all in favor, state it by saying "aye." Todd B. Hannon (City Clerk): Excuse me. Mr. Chair -- Vice Chair -- Vice Chair Gort: That's a -- Mr. Hannon: -- it is first reading. Vice Chair Gort: All right, it's an ordinance. I'm sorry. Go ahead. Mr. Hannon: Madam City Attorney, would you like to read the title? The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Ms. Robertson: Thank you very much. Chair Sarnoff Thank you. Vice Chair Gort: Thank you. END OF ORDINANCES - FIRST READINGS RESOLUTIONS RE.1 RESOLUTION 13-01333 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 RUNOFF ELECTION HELD ON NOVEMBER 19, 2013, FOR THE ELECTION OF COMMISSIONER DISTRICT 5. 13-01333 L&A Certification with Precinct Level Reports.pdf 13-01333 Unofficial Results.pdf 13-01333 Official Results.pdf 13-01333 Voting System Post Election Audit Report.pdf 13-01333 Exhibit.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 74 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0492 Chair Sarnoff Okay, RE.1. Commissioner Hardemon: The second meeting is the 23rd, correct? Vice Chair Gort: The first reading. Todd B. Hannon (City Clerk): The second meeting in January is January 23. Chair Sarnoff RE.1. Mr. Hannon: Good afternoon, Commissioners. RE.1 is a resolution officially accepting the City Clerk's certification of the canvass and declaration of the results for the runoff election that was held on November 19, 2013 for District 5. Chair Sarnoff Is there a motion? Commissioner Carollo: Move it. Chair Sarnoff Motion by Commissioner Carollo; second by Commissioner Gort. Vice Chair Gort: Second. Chair Sarnoff Any discussion? You want to discuss this? Commissioner Hardemon: No, I want to contest the results. I don't know. Chair Sarnoff All in favor, please say "aye. The Commission (Collectively): Aye. 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. 13-01244 Legislation.pdf 13-01244 Attachment No. 1. pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0493 Chair Sarnoff All right, RE.2. All right, I'll do it for you. This is a resolution of the City of Miami Commission, with attachments, electing and reappointing Todd B. Hannon as the Clerk of City ofMiami Page 75 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 RE.3 13-01339 Office of Management and Budget RE.4 13-01340 Court [sic] for the City ofMiami to hold office as provided in the Charter, approving the salary and benefits received by the Clerk, I think, that was previously negotiated by Commissioner Suarez. ToddB. Hannon (City Clerk): By Commissioner Suarez, yes sir. Mr. Hannon: Nothing has changed. Chair Sarnoff Okay. Commissioner Carollo: Move it. 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. Mr. Hannon: Thank you, Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO THE GENERAL FUND FOR FISCAL YEAR 2013-2014, PURSUANT TO RESOLUTION NO. 13-0393, ADOPTED SEPTEMBER 26, 2013, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014. 13-01339 Summary Form.pdf 13-01339 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 13-0437, ADOPTED OCTOBER 24, 2013, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 13-01340 Summary Form.pdf 13-01340-Legislation-SUB. pdf 13-01340-Exhibit-S U B. pdf 13-01340-Memo-Substitution for Item RE.4 Revisions to CIP Appropriations.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez City ofMiami Page 76 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 R-13-0494 Chair Sarnoff And now we are on RE (Resolution) -- Commissioner Carollo: Four. Chair Sarnoff -- Five. Commissioner Carollo: Four. Chair Sarnoff Oh, sorry, RE.4; you're right. I apologize. CIP (Capital Improvement Program) appropriations. MarkSpanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.4 is our standard capital appropriations. If you have any questions, I'm happy to go through it and give more detail. Chair Sarnoff All right, is there a motion? Commissioner Carollo: Move it; discussion. Chair Sarnoff All right, we have a motion by Commissioner Carollo. Is there a second for discussion? Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort for discussion. Commissioner Carollo is recognized. Commissioner Carollo: Thank you. Not to get into too much detail, but the item that is part of the appropriation adjustments for District 3 was originally an error, and it's part of the reason that think that -- and think it's coming in January -- that accounting will be taken -- not be taken away. I would say it's going to be transferred to the Finance Department as per -- recommended by our auditors, so, you know, in January, we should be receiving that item, andl hope that my colleagues will support whatl think is best practice. That's all have to say. I'll be supporting this item. Chair Sarnoff All right. ToddB. Hannon (City Clerk): Excuse me, Chair. Mr. CIP Director, apparently, is there a substitution for RE.4? Mr. Spanioli: Yes. I'm sorry I didn't put that in the record. There was a substitution that was submitted last week. One of the appropriations was deleted. Chair Sarnoff Okay, does the maker understand that and the seconder understands that? Okay. Commissioner Carollo: Well, I just want to verify what's the substitution. May I see a copy? Yes, I understand andl accept. Chair Sarnoff All right, so do you wish to be heard? Al Crespo: Yes, sir. Chair Sarnoff You're recognized. City ofMiami Page 77 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Crespo: Al Crespo. First off happy holidays, gentlemen. Secondly, sir, I've written several stories in the last couple of months about Simpson Park, the entrance, the northeast entrance. I drove by there again today. It's still locked up. I get e-mails (electronic) from residents in the area who are concerned that they can't access it by that entrance. Do you have any money in your budget to fix this, this year? Chair Sarnoff Wait, wait, get all your questions out. Mr. Crespo: Okay, well, anyhow -- Chair Sarnoff Get all your questions out; that's all I'm asking. Mr. Crespo: Okay. Oh. Chair Sarnoff Anything else other than that? Mr. Crespo: Yeah. I do have one question, and that is, two months ago, sir, you said you were going to make a big announcement about the Commissioner getting punched in the mouth. When's that going to happen, your boxing match? You were going to box him and -- Chair Sarnoff If you promise to be in the ring, it'll happen sooner. Mr. Crespo: Aw, naw. Chair Sarnoff If you promise to be in the ring -- Mr. Crespo: Yeah. Chair Sarnoff -- I'll do it next week. If not you, I still want to do a little more training. Mr. Crespo: Oh, okay. Chair Sarnoff But if you're there and you're in the ring -- Mr. Crespo: Yeah, yeah. Chair Sarnoff -- as they say, manana is okay with me. Mr. Crespo: Si, manana, si. Chair Sarnoff You up for it? Mr. Crespo: We'll think about it. How old are you? How old are you? Chair Sarnoff I'm 54 years old. Mr. Crespo: I'm 72. Chair Sarnoff All right, I'll just punch with my right hand. Mr. Crespo: You will? Chair Sarnoff I'll just do my right hand. Mr. Crespo: I'll get back to you on that. City of Miami Page 78 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Okay. And it'll be a fund-raising. We'll do the charity of my choice. Mr. Crespo: No, we'll split the money. IfI knock you out, half the money goes to me. Chair Sarnoff It's okay. I'll give you odds, too. All right, anyone else? You ready? Renita Holmes: Yes, Mr. Chair. Madam Renita Holmes. I just had a question for CIP director. When we state, "adding capital projects appropriations to those listed," that's kind of general. I mean, can you tell me what's the --? Chair Sarnoff There actually is an agenda item on this, and there's backup. Ms. Holmes: Yes, sir. Chair Sarnoff And you could have looked at it -- Ms. Holmes: Yes, sir, I thought so. Chair Sarnoff -- and read it for the record. Ms. Holmes: I just wanted to be sure. Hmm? Chair Sarnoff You can still read it; it's there. Ms. Holmes: It's over there. I didn't want to miss the item. Chair Sarnoff We're not going to -- it's part of our agenda packet. It's public notice. You're welcome to get a copy of it. Ms. Holmes: I understand, but this is the last opportunity for me to ask a question. Chair Sarnoff I understand. We're not going to hold up the agenda for you to go get the agenda packet. Ms. Holmes: I think we wasted 30 seconds when he could have just told me what -- how many added new projects -- Chair Sarnoff That's it. Ms. Holmes: May I ask a question through the Chair? Chair Sarnoff Thank you. Thank you. Ms. Holmes: May I ask a question through the Chair? Chair Sarnoff Thank you. Ms. Holmes: The public hearing, are we offered the opportunity to ask questions and get answers? Chair Sarnoff You are. Ms. Holmes: This is a public hearing. City ofMiami Page 79 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Right, you're -- I have to answer Mr. Crespo's question about Simpson, which I -- Ms. Holmes: I'm not Mr. Crespo, trust me, and I don't fight with hands, okay? Chair Sarnoff Just give your -- Ms. Holmes: My question -- Chair Sarnoff Provide the questions. Ms. Holmes: I don't like violence. Here is my opportunity. I like to brain wrestle every now and then, and you entertain me very well. I love you, because you bring out the best intellect in me, but it's a very simple question. I just want to know, as a member of the public and a taxpayer, what -- how many new projects are there, and what's the general amount? Because I think that's public data and information. It's not? Victoria Mendez (City Attorney): Ms. Holmes, if you want, I have a copy here, and we can -- Ms. Holmes: Please. Ms. Mendez: -- move it -- Ms. Holmes: Madam, sometimes, the -- and just for a note, Commissioner, it's not that we're ignorant or devoid. It's just that to walk away and to find an item and to have to walk over there when maybe that item should be here, we have every other form and document available, it kind of misses. And if you have to limp over there or you have to go through a lot of brain wrestling, it really is a waste of time. Andl know you. You're a fact and a data man. I'm a fact -- and nobody likes a two -minute man or woman. Okay, Chairperson? Thank you so much. Chair Sarnoff Thank you. All right, so you had a question on -- from Mr. Crespo, and the question is -- I think his question is, "Is there money in the budget?" But I think he's asking, really, one, "When will Simpson Park northeast gates be opened " Vice Chair Gort: That's the Parks Department. Mr. Spanioli: CIP and Parks recently went out to determine the extent of the deterioration of the -- it's actually the entrance platform to Simpson Park has deteriorated. Even though it's only about five or six years old, apparently, the materials that were chosen to be installed there didn't make it through the test of time. There's a lot of moisture there, a lot of mold The wood has failed. So we're looking at a cost estimate to determine what it would cost to replace it. We'll probably put down some kind of paver system in place of the wood deck. We're probably going to use Parks maintenance money to have that replaced and repaired, so I don't know if it'll be an official appropriation. It'll probably be more of a maintenance item. Chair Sarnoff Okay. Would you work with my office on that? Because I actually was the one that spent the money to put that up and -- Mr. Spanioli: Absolutely. Chair Sarnoff -- it's really disappointing to hear that we put the wrong material in. Mr. Spanioli: I think it was with good intent. They usedlpe wood, but wood is wood, and it's outside, exposed to the elements. Vice Chair Gort: You have to maintain it every year. City of Miami Page 80 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Spanioli: Yeah. I think it was a little bit more than -- I mean, it's -- there's a lot of moisture there. It's always in the shade, and it just was probably a poor choice in the design side. Vice Chair Gort: I don't have any problem with my wood deck. Mr. Spanioli: We'll work on it with you, Commissioner, no problem. Chair Sarnoff I get it. I'm a little surprised, Mark, that's all. I -- Mr. Spanioli: We were, too. It is a shame. Chair Sarnoff I think it was -- it's a pretty famous architect that did it. I'm just a little surprised. All right, thanks. All right, so we are on CIP, RE.4. We had a motion; we had a second; all in favor, please say "aye. The Commission (Collectively): Aye. Ms. Holmes: Excuse me, Mr. Chair. Chair Sarnoff All right, RE.5. Ms. Holmes: Excuse me, Mr. Chair. Chair Sarnoff We're done. Ms. Holmes: I -- Note for the Record: Chair Sarnoff turned off microphone; therefore, speaker's comments were not transcribed. Chair Sarnoff We're done. Ms. Holmes: You're denying me. Chair Sarnoff I'm not denying you anything. You had the ability to get the agenda before the Commission meeting. Ms. Holmes: You're denying me the right to participate in the process. Chair Sarnoff I'm not denying you the right to participate. Ms. Holmes: (INAUDIBT,F). Chair Sarnoff I know. Ms. Holmes -- Ms. Holmes: Did you call him to remove (INAUDIBT,F)? Chair Sarnoff I did not call him to remove you. Ms. Holmes, the item's been moved. It's -- we're on to the next agenda item. Ms. Holmes: (INAUDIBT,F). I understand that, butt mean --(INAUDIBLE). Chair Sarnoff I'm not bullying you. City ofMiami Page 81 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 RE.5 13-01338 Department of Capital Improvements Program Ms. Holmes: I'm not saying -- Chair Sarnoff He's not bullying you, either. Ms. Holmes: Like I said (INAUDIBLE). Chair Sarnoff And you -- Ms. Holmes: (INAUDIBLE). Chair Sarnoff All right, thankyou. Ms. Holmes: (INAUDIBT,F). I don't believe that the sergeant of arms (INAUDIBLE) Chair Sarnoff If you need to make a complaint I -- Ms. Holmes: (INAUDIBLE). Chair Sarnoff All right, the Commission is in recess for ten minutes. Thank you. Later... Commissioner Carollo: Andl want to move as many things as possible because, remember, at 6, I'm leaving. I'll be back, butl want to move it along. Chair Sarnoff Madam City Attorney, you want to put something on the record? Ms. Mendez: I just wanted to place on the record that the statute that talks about public business and public meetings, and a reasonable opportunity to be heard, Florida Statute 286.0114. Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or Commission. The opportunity to be heard may not occur at the same meeting at which the board or Commission takes official action on a proposition if the opportunity occurs at the meeting that is during the decision -making process and is within the reasonable proximity and time before the meeting at which the board or Commission takes official action. And it also says that this section does not prohibit a board or Commission from maintaining orderly conduct or proper decorum in a public meeting, and the opportunity to be heard is subject to rules or policies adopted by the board or Commission. And in this case, you know, we've said it, and at the beginning of each meeting, we give two minutes, you know. The time is given, and then when it's up, it's up, and it's to the prerogative of the Chairman, and it just has to be the opportunity to be heard, not that questions are answered; very similar to the public records law that you get public records; you don't have to get answers to all of your questions, even though we try to do that. That's it. Chair Sarnoff Good. Ms. Mendez: Thank you. Chair Sarnoff All right, thankyou very much. So we're going to move on, and we're going to press on, as Commissioner Carollo said. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED OCTOBER 8, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-063, FROM H&R City of Miami Page 82 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PAVING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE CENTER GROVE ROADWAY IMPROVEMENTS PROJECT, B-30621, IN THE AMOUNT OF $1,055,990.53, WHICH INCLUDES $1,008,890.53, FOR THE SCOPE OF WORK AND $47,100.00, FOR SELECTED ADD ALTERNATE ITEMS, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $105,599.05, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $1,161,589.58; ALLOCATING FUNDS IN THE AMOUNT OF $1,161,589.58, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30621; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-01338 Summary Form.pdf 13-01338 Legislation.pdf 13-01338 Exhibit.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez RE.6 13-01366 Department of Capital Improvements Program R-13-0495 Chair Sarnoff RE.5. Sony. MarkSpanioli: Good afternoon again, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.5 is a contract award for the Center Grove Roadway Improvement Project to H&R Paving in an amount not to exceed of $1,161, 589. Vice Chair Gort: Move it. Chair Sarnoff Is there a motion? 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR MUSEUM PARK, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, WITH FULL RIGHT TO INGRESS THERETO AND EGRESS THEREFROM ON THE PROPERTY. City ofMiami Page 83 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 RE.7 13-01343 13-01366 Summary Form.pdf 13-01366 Legislation.pdf 13-01366 Exhibit.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0496 Chair Sarnoff RE. 6. Mark Spanioli (Director, Capital Improvements Program): RE. 6, Commissioners, is a grant of easement with Miami -Dade Water & Sewer for water and sewer lines that service Museum Park. This allows Miami -Dade Water & Sewer to have access for maintenance and so forth to the lines. Chair Sarnoff Is there a motion? Commissioner Carollo: So move it. Vice Chair Gort: Move it. 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. RESOLUTION 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. 352306, THAT HORSEPOWER ELECTRIC, INC., IS RESPONSIVE TO THE RFP REQUIREMENT, FOR THE PROVISION OF STREET LIGHTING DESIGN, INSTALLATION, REPAIRS AND MAINTENANCE CITYWIDE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HORSEPOWER ELECTRIC, INC., FORA PERIOD OF FIVE (5) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION; 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. 13-01343 Summary Form.pdf 13-01343 Memo - Recommendation of Evaluation Comm..pdf 13-01343 Evaluation Summary Sheet.pdf 13-01343 Corporation Detail.pdf 13-01343 Legislation.pdf 13-01343 Exhibit.pdf City of Miami Page 84 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 SPONSORS: DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0497 Chair Sarnoff RE.7. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Procurement director. RE.7 is a contract award in accordance with RFP (Request for Proposals) 352306 to Horsepower Electric for the provision of street lighting design, installation, repairs and maintenance citywide; authorizing the Manager to execute a contract for a period offive years, with two options for five additional renewal periods -- two additional five-year renewal periods; excuse me. Chair Sarnoff All right, do we have a motion? Vice Chair Gort: Move it. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo. Commissioner Carollo is recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. Could you elaborate a little bit more on this, on this agenda item with regards to FPL (Florida Power & Light) and why this company would come in and not FPL and so forth so it'll be on the record and the public will know a little bit more about this agenda item? Mr. Robertson: Sure. The scope of this contract is to maintain light poles that are owned currently by the City ofMiami. The City ofMiami may not overtake the maintenance for poles that are owned by FPL. So this contract has a lump sum monthly rate per pole, per month, to maintain the lights that we already own. That is coming away from FPL's responsibility. We will be doing that per this contract. The contract also allows us to install new street lights for construction projects throughout the City based on lump sum pricing per pole design, and that's in the contract rate schedule in Exhibit "B. " Commissioner Carollo: And those are poles that are different from the ones that FPL will put in and will maintain. Mr. Robertson: Correct. They will be owned by the City, and they're usually the decorative street lights. Commissioner Carollo: Understood. It's for a period offive years with two additional five-year options? Mr. Robertson: Correct. City ofMiami Page 85 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Carollo: I'm -- I think I'm okay with the first five years. Any additional, I would want it to come back to the City Commission. Vice Chair Gort: Yeah, have it come back. Mr. Robertson: No problem. Commissioner Carollo: That would be an amendment. Chair Sarnoff Okay, so that you're -- the maker accepts? Vice Chair Gort: Yes. Chair Sarnoff And the seconder is accepting. All right, any further discussion? Go ahead. Vice Chair Gort: My understanding -- oh, I'm sorry, go ahead. Commissioner Hardemon: No, go ahead. Vice Chair Gort: My understanding is the -- when you look at the -- I think there's about -- how many thousands of light poles throughout the City? Because I'm having a lot of problems with Northwest 17th Avenue with the -- part of the illumination is the County, the other part is the City, the other part is FP&L, and -- Mr. Robertson: Under this contract, we have 685. Vice Chair Gort: No, no, I'm talking about total. Mr. Robertson: Oh, okay. Vice Chair Gort: In the City ofMiami. You gave me a figure of about -- Mark Spanioli (CIP Director): Commissioner, the City-ownedpolesare 1,251. The actual number of FPL poles, I think it's like 14,000. I forget the exact number. Zerry knows the number from memory; I don't, I'm sorry. Vice Chair Gort: The one thingl was impressed about this firm, one of the things they'll do, they'll check the lights and will give a monthly report to the City, which is very important to keep the lights on. Right now, the lights in the City ofMiami, in a lot of the reports that lights are not working comes from my office, myself and my employees that go around and see any light that is off and we go ahead and send the e-mail (electronic) to FP&L to get it fixed. Chair Sarnoff All right. Commissioner Hardemon: Mr. Chairman. Chair Sarnoff I'm sorry, Commissioner Hardemon. Commissioner Hardemon: This agenda item is very important to me, because when I think about the District 5 and in my community, it's my community, that a lot of times, faces power outages, where you sometimes go down streets or avenues and you don't have lighting for blocks. That type of problem is especially exacerbated when FP&L won't come out, because it's the weekend and you need someone to address those poles; not the FP&L poles, but now these new decorative poles. Now, so in speaking to that, when you have a contract that amounts to almost $22.5 million, I want to be assured that these poles that they're installing are going to be used City ofMiami Page 86 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 throughout our communities, especially in the ones that need the type of light, because, of course, when there's darkness, there's increased crime. When there's crime, you don't sell homes, andl think want a District 5 that becomes a donor to the tax base and not just a recipient to it. So that's the first thing that comes to mind, is that type of situation. And with the -- andl have a few more things that I want to say. As far as the returning it back to the Commission for approval, that was for not just the first option, but the second; for both, correct? Commissioner Carollo: Right. So what happens, this is a five-year contract. Commissioner Hardemon: No, I understand how it works. I just want to make sure it's for both of them. Commissioner Carollo: Yes, absolutely. So for the second five years, before -- if they give them automatic, or the Manager says, "Yeah, go ahead" no. It comes back here for a vote again. Commissioner Hardemon: Okay. So for each of the five-year increments, it will be coming back. Mr. Robertson: Yes. Commissioner Hardemon: And in the contract, we go into the community small business enterprise, and it requires a participation of 15 percent, andl believe that's on page 6 of the actual contract, and so in this situation, there is someone who would be managing, as you can look at Point " C," 13-C. The contractor shall retain the services of an independent third party to verin, and certin, compliance with the requirements on a quarterly basis, and, of course, with the Code. So with that being said, all -- do we know who is that third party person? Mr. Robertson: At this time, no. When we award the contract and we prepare it for execution, we can ask Horsepower who they're going to hire. That third party company that's certiing compliance is certifying compliance both through the CSBE (Community Small Business Enterprise) requirements and the local workforce requirements. So we can actually put that in the contract if you want in terms of the company that they identf to do that for the quarterly certifications. Commissioner Hardemon: So ifI heard you correctly, you're saying to me that for the CSBE requirements and for the local workforce participation, you can put in the contract that that person will manage to make sure that both of those requirements are actually met; is that what you're saying? Mr. Robertson: Correct, we can put that in the contract language. Commissioner Hardemon: All right. So I would like to make a friendly amendment to that; is that okay? Commissioner Carollo: Absolutely. Mr. Robertson: We just need to have Horsepower -- we have to have Horsepower identify who that firm is going to be. Commissioner Hardemon: Okay. Chair Sarnoff Maker accepts, andl think the seconder accepts. Vice Chair Gort: Yes. Chair Sarnoff Okay. City of Miami Page 87 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Hardemon: And just for the record, for those who are watching television at home and those of us who are here, can you please just explain how or what people may need to do to become CSBE -- not necessarily the steps, but at least where to go and who could potentially qualify? Mr. Robertson: Certainly. In the City ofMiami, we are the Procurement Department, and we procure a wide variety of contracts. The City has adopted Miami -Dade County's certification program for the CSBE designation, Community Small Business Enterprise. If you would like to receive that designation, you need to apply by and through Miami -Dade County, the Department of Procurement Management, which is now the Internal Services Department. But if you contact the City ofMiami to register as a supplier with us, we will actually put you in touch with them if you meet the requirements to become a CSBE. Chair Sarnoff All right. Commissioner Hardemon: (UNINTELLIGIBLE) for me. Chair Sarnoff So any further -- Commissioner Gort. Vice Chair Gort: I'd like to follow up now on that one. Why do they have to go through the County? Why can't we do it ourself [sic] and register within the City ofMiami? Mr. Robertson: The County has an entire department regarding certification -- Vice Chair Gort: Right. Mr. Robertson: -- ongoing review, and compliance, and recertification. Their staffing is quite significant for that effort, and we simply do not have the personnel to even consider doing that. We adopted their certification, so if you're certified with the County, you're certified with the City. Vice Chair Gort: Certified with the City automatically. Mr. Robertson: Yes. Vice Chair Gort: Okay, thank you. Chair Sarnoff All right, we had a motion, we had a second; all in favor, please say "aye. " The Commission (Collectively): Aye. Commissioner Carollo: As amended. Commissioner Hardemon: Let there be light. Chair Sarnoff As amended. RE.8 RESOLUTION 13-01344 Department of Public A RESOLUTION OF THE CITY OF MIAMI COMMISSION, ACCEPTING THE Facilities RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 344290 FOR FOOD AND BEVERAGE CONCESSIONS AT THE CITY OF MIAMI OWNED City ofMiami Page 88 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PROPERTY KNOWN AS THE CITY OF MIAMI POLICE HEADQUARTERS BUILDING LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, IS LOPETEGUI CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WITH TERMS AND CONDITIONS STATED HEREIN AND AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 13-01344 Summary Form.pdf 13-01344 Memo -Recommendation of Evaluation Comm..pdf 13-01344 Evaluation Summary Sheet.pdf 13-01344 RFP 344290.pdf 13-01344 Legislation.pdf 13-01344 Exhibit.pdf Motion by Commissioner Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0498 Chair Sarnoff All right, so now we're on RE.8. Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. RE.8 is a resolution accepting the recommendations of the City Manager to approve the findings of the evaluation committee that the top ranked firm pursuant to Request for Proposal 344290 for food and beverage concessions at the City -owned property known as the City ofMiami Police headquarters is Lopetegui Corporation; further authorizing the City Manager to execute the attached concession agreement. Chair Sarnoff All right, is there a motion? Commissioner Hardemon: I move. Chair Sarnoff We have a motion by Commissioner Hardemon. 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.9 RESOLUTION 13-01346 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Procurement PROCUREMENT OF ARTIFICIAL TURF AND INSTALLATION SERVICES, FROM EASY GRASS, LLC, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UNDER THE EXISTING CITY OF SWEETWATER REQUEST FOR PROPOSAL CONTRACT NO. 2013-01, EFFECTIVE APRIL 18, 2013, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF SWEETWATER; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, City ofMiami Page 89 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-01346 Summary Form.pdf 13-01346 City of Sweetwater Bid Documents.pdf 13-01346 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0499 Chair Sarnoff RE.9. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Procurement director. RE.9 is a resolution approving a contract award to use an existing contract with the City of Sweetwater with Easy Grass, LLC (Limited Liability Corporation), for artificial turf and installation services. The Parks Department needs to access this contract should we have any corrective needs to install artificial turf in any of our parks as a result of some of the recent DERM (Department of Environmental Resource Management) issues that we've been having. The estimated usage is approximately $25, 000 per year. In addition, the vendor has proffered to the City an additional five percent pricing discount from the existing contract pricing with Sweetwater as long as we're compliant with the Florida Prompt Payment Act. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Question for the Administration: Who determines where to put artificial turf where not to put artificial turf? We just heard where I guess some type of wood was used for a park, and apparently, it wasn't the best choice. So who determines this? 'Cause I've seen where artificial turf has been placed, and no one knew that it was a need, and never, definitely, heard any residents complain. So how does this get determined? Juan Pascual: Good afternoon. Juan Pascual, director of Parks & Recreation Department. This particular contract, where intended uses to those areas where the grass doesn't grow, they're small areas. That's why the level of the contract or the amount of the contract is estimated at $25, 000. There are other contracts already on board that we utilize for sports fields and that type of nature. You mentioned the issue with the wood or, you know, from that other park. I just want to mention in that particular case, the designer did the design pro bono, did not charge the City, so there was no insurance. When we went to the Law Department on it, we had no recourse, because it was designed pro bono and there was no insurance on it. Typically, it's a design flaw. We would have gone after the insurance on that one. But this particular case, there's areas at some parks adjacent to playgrounds as an example where we got a lot of trees. The grass, the normal grass doesn't grow. It's dirt, exposed dirt. We got an example at Marti Park, right adjacent to the playground. We got an example at Shenandoah Park. There's several parks; those small areas. This particular contract is cost effective; it's a little bit less expensive, artificial turf and the sports turf and that's what the intended use would be in those areas. Commissioner Carollo: So I guess we learned that you get what you pay for in the first one. Vice Chair Gort: Move it. Chair Sarnoff Well, the first one, I had some involvement with, and it was a company called Ania, and they were extremely competent, an extremely well recognized company that actually City ofMiami Page 90 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 had a little bit of involvement with 1814 Brickell in designing it. The first I heard of it was today that Simpson Park's front was not available, and that was a landscape architect, certified, so -- andl knew that they had done their services pro bono there. Commissioner Carollo: How did we determine that the best deal for the City is piggybacking off ofSweetwater's contract? Mr. Robertson: Currently, for projects that involve capital improvements to a park, if it has a component that is artificial turf related, that would be passed by and through a general contractor, and generally, there's a 10 to 15 percent markup if you hire an artificial turf subcontractor to work through a prime general contractor. We would like to access this vendor directly. It'll save us significant money. Chair Sarnoff All right, do we have a motion? Vice Chair Gort: I moved it. Chair Sarnoff I'm sorry. Motion by Commissioner Gort. Is there a second? Commissioner Hardemon: Second. Chair Sarnoff Second by Commissioner Hardemon. Any further discussion? Commissioner Hardemon: Now you have to vote first. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 13-01349 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2013 COPS HIRING PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), IN THE AMOUNT OF $1,875,000.00, WITH A REQUIRED LOCAL CITY OF MIAMI CASH MATCH OF $1,914,975.00, FORATOTALAMOUNT OF $3,789,975.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. 13-01349 Summary Form.pdf 13-01349 Grant Documents.pdf 13-01349 Legislation.pdf 13-01349 Exhibit.pdf Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0500 City ofMiami Page 91 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 RE.11 13-01354 District 2- Commissioner Marc David Sarnoff Chair Sarnoff Okay, RE.10. Afternoon, Chief. Manuel Orosa: Good afternoon, Commissioners. Chief Manny Orosa of the Miami Police Department. RE.10 is the 2003 acceptance of the COPS (Community Oriented Policing Services) Grant. We applied for the COPS Grants, and they gave us 15. Fifteen is the most they gave any municipality in the United States. Even though we tried for 25, they gave us 15. They never did go beyond the 15. 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? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you, Chief. Chief Orosa: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION IN THE AMOUNT OF $36,000.00, FROM THE SARNOFF FOUNDATION, INC. TO THE CITY OF MIAMI TO DEFRAY ANY RELATED COSTS FOR THE PAYMENT OF RENT FOR A NEW CITY OF MIAMI POLICE SUBSTATION IN THE WEST GROVE TO BE LOCATED AT 3727 GRAND AVENUE, MIAMI, FLORIDA, FORA TERM OF TWO (2)YEARS, WITH SAID AMOUNT TO BE PAID IN TWO (2) EQUAL INSTALLMENTS IN THE AMOUNT OF $18,000.00, AND THE FIRST PAYMENT TO BE MADE IN DECEMBER, 2013 AND THE REMAINING $18,000.00 TO BE MADE IN DECEMBER, 2014; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. 13-01354 Donation Letter.pdf 13-01354 Legislation.pdf Motion by Commissioner Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff R-13-0504 Victoria Mendez (City Attorney): Chairman, if we can take RE.11 first, which would be to -- Vice Chair Gort: Got to be taken first, correct; RE.11. Ms. Mendez: -- accept the donation from the Sarnoff Foundation in order to be able to pay for the lease for the police substation. City of Miami Page 92 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 RE.12 13-01359 Civilian Investigative Panel Commissioner Hardemon: Aye. Vice Chair Gort: RE.11, do I have a motion? Commissioner Hardemon: So move. Commissioner Carollo: Second. Vice Chair Gort: Is there a second? It's moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CIVILIAN INVESTIGATIVE PANEL'S 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 Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0491 Chair Sarnoff All right, so let's -- I see that they've been sitting here for a while. RE.4 [sic], the CIP (Civilian Investigative Panel) appropriations. Tom Cobitz: Good afternoon. Chair Sarnoff Sorry. I should have taken you guys sooner. Mr. Cobitz: That's okay, that's fine. Good afternoon. My name is Tom Cobitz. I'm the chairman of the Civilian Investigative Panel. Along with me is Horacio Stuart Aguirre. He's our finance chairman, and Charles Mays. He's our independent counsel. I believe that we've reached out and spoke to every single one of the Commissioners about our new hire -- hopefully our new hire, andl hope that we can have it passed this afternoon. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Hardemon: Second. City of Miami Page 93 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Second by Commissioner Hardemon. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Victoria Mendez (City Attorney): And for the record, this is RE.12, correct? Mr. Cobitz: Correct. Commissioner Hardemon: I heard `RE.4. " Vice Chair Gort: RE. 4. Ms. Mendez: Twelve. Commissioner Hardemon: We're on RE.12. Todd B. Hannon (City Clerk): This item is RE.12. This is the appointment of the executive director for the Civilian Investigative Panel. Chair Sarnoff I apologize. Mr. Cobitz: Ms. Bermudez is here. Christina Bermudez is here. Chair Sarnoff For the record, it should be corrected that it would be RE.12. Ms. Mendez: Perfect. Thankyou. Mr. Cobitz: Oh, I'd also like to thank Ms. Klose for helping us out. She did a wonderful job. We met with her a couple weeks ago. Thankyou. RE.13 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 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 City of Miami Page 94 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0501 Chair Sarnoff RE.13 I think is what we're up to. Commissioner Hardemon: You said `RE.13 "? Chair Sarnoff Thirteen. Page 21. Kenneth Robertson (Director, Purchasing): Good afternoon, Commissioners. Kenneth Robertson, Procurement director. RE.13 is a resolution approving a contract award to Van Wagner Miami, T,T C (Limited Liability Corporation) for the provision of trolley advertisement program services in response to Request for Proposals 272271. This contract has no expenditures for the City, and is a revenue -generating contract in an estimated amount of approximately $424, 000 per year. Chair Sarnoff All right, is there a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. Commissioner Hardemon: Second. Chair Sarnoff Second by Commissioner Hardemon. Commissioner Carollo: Discussion. Chair Sarnoff Yeah, I want to have one, too, but now you're recognized for the record, and then I'll go to Commissioner Gort. Commissioner Carollo: No, I'll yield; I'll yield to my colleague. Chair Sarnoff Do you want to go? Vice Chair Gort: My understanding, that we had a request that use advertising in the trolley to maintain it, the service for many more years to come, and hopefully, there will come a time when we will not have to charge people for that. For the first three years, the people get used to the ridership, and then after that, we can make a decision. Mr. Robertson: Correct. My understanding is that the fee structure for the trolleys is currently free for all riders. The intent of this cost -- this contract is to offset the operational expenses of the trolley program. I don't know the exact date and year at which point we would become negative as to the operational side, but this is intended to offset those costs. Chair Sarnoff Okay. Did -- will -- question: Will this be special revenue then? Will this be held onto and used to allow us the determination -- well, for us to determine whether we want to continue operating the trolley free for service so that we could get outer years? If we're -- I heard we're out -- I heard 1/20/16. I heard we're also out in 2020. The only way I would support this item is if it were special -revenues, and it were designed to maintain the trolley service. Vice Chair Gort: Right. City of Miami Page 95 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff 'Cause I'm not going to support this and put it in the general fund. Alice Bravo (Chief of Infrastructure): Alice Bravo, Assistant City Manager. Yes, the purpose of this advertisement was to secure the revenue for the furtherance of the trolley service so that we could do that with a restricted fund. Commissioner Carollo: You said, "was," but I want to hear "is." Ms. Bravo: Yes. Commissioner Carollo: You said "was" to support but -- Ms. Bravo: We will use these funds solely to support the trolley service. Commissioner Carollo: And -- Chair Sarnoff Would the maker -- let me just -- would the maker -- Vice Chair Gort: Yes. Chair Sarnoff -- of the motion amend it so that -- Vice Chair Gort: Amend it, yes. Chair Sarnoff -- this be special-revenued and used for the maintenance of the trolley? Vice Chair Gort: Right. Yes. Chair Sarnoff Who was the seconder? The seconder was -- Do you accept, seconder? Commissioner Hardemon: I accept, yes. Chair Sarnoff Okay, go ahead. Commissioner Carollo: Question: Right now, we will -- we're estimated to have free trolley service until what year? Ms. Bravo: Right now, our estimate is approximately 2018. There are a lot of variables. Commissioner Carollo: That long? Ms. Bravo: Yes. There are many variables. Commissioner Carollo: I thought it was supposed to -- yeah, okay; 2018? Ms. Bravo: Yeah. We have variables, such as the cost offuel that we cover independently. Our contract for the trolley provider was for five years. We're into the second year already, so at one point, we'll re procure that and there will be a change in the cost structure. And right now our trolley service, our annual cost exceeds our annual allocation of half cent sales tax, but we had a very large balance built up in that fund, given the time it took to actually start the trolley service. So we're kind of living down off of that balance. Chair Sarnoff Would this special revenue include a cap, ' X, " so that -- you're going to need to replace trolleys, repair trolleys? City of Miami Page 96 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Ms. Bravo: Correct. These trolleys are getting a lot of wear and tear, and are maintained frequently, and so we estimate that by 2016, 2018, we'd be looking at some type of replacement program. Commissioner Carollo: You mentioned that every year, the expenses are over the amount that we received in half cent tax. What's the difference? What's the --? Ms. Bravo: Currently, our operating cost is approximately 3.8 million, and we have about 2.36 million dedicated each year. Commissioner Carollo: So that's a big difference, and unfortunately, the estimated revenues coming from this, it won't even come close. Ms. Bravo: Right. So at this time, we're installing equipment in the trolleys that will have an automated counter system so we'll be able to have very accurate ridership counts and fine tune the hours of operation of the various routes as we move forward in hopes of finding some efficiencies and cost reduction. Chair Sarnoff All right. Commissioner Carollo: Listen, I have to admit, I do not want to be -- I do not want to be the one who takes the forefront or the municipality that takes the forefront in these advertisement [sic] on the trolleys. It's my understanding that no other municipality has. I personally am not crazy about it. I'll go a step further. I don't like them. However, I do see that we have an issue that in the next few years is going to be coming up, and we need to start doing something. Andl just -- you know, I was very adamant, as I think Commissioner Suarez was, that these trolleys should be free. Andl don't know what Commissioner Suarez has seen, but the one -- the trolley system in Coral Way area, I mean, it is just packed; it is off the charts. Andl have not requested the numbers, butt have two eyes, and every time I go by andl see a trolley, it just seems like it's filled with people. So again, I'll be honest with you, I don't like the advertisement. However, you know, if it does bring revenues to that, you know, trolley system and we can maintain as long as we can free ridership, you know, I may have to bite my tongue in this one -- Vice Chair Gort: Sure. Commissioner Carollo: -- or bite the bullet and do it. However, I do want to, you know, place some amendments, or discuss with my colleagues some amendments or possible amendments to, you know, the resolution that we have before us, if possible. And one is, you know, I can see the period for two years; kind of wanted a pilot program for one year, but I could live with the two years. But any option definitely has to come back, to come back to this Commission. And how many actual trolley systems will have the advertisement? Would it be all of them? And would it be half our fleet? And can that advertisement in the future be taken off? Andl would think it would be taken off and -- Ms. Bravo: Twenty-four. Right now, we're estimating that 24 of the trolleys would be wrapped for this projection of $424, 000 a year. Commissioner Carollo: So 24 out of a fleet of how many? Ms. Bravo: Thirty-four. Commissioner Carollo: Thirty-four. So the majority of them would -- and that's for the projection of 400, 000. I think you have a representative that would like to speak. City of Miami Page 97 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Pablo Cramaschi: Hi, Frank. Pablo Cramaschi from Van Wagner. Based on our experience, we are not going to be able to set 100 percent of the trolleys on the street, so we think that pretty much being realistic, 50 percent of the trolleys will be wrapped and 50 percent will be -- will maintain the colors of the City ofMiami. Commissioner Carollo: If my colleagues agree, would you all mind having like a two-year pilot program to see how this entails? I mean, in essence, we could do it and any additional options come back to this Commission, but I really want to see what, you know, how it will look, how it will be taken. And again, you know, believe me, I don't like it, but at the same time, I was very adamant that the trolley system should be free, and, you know, I can count numbers very well, andl see that in a few years, we'll need to come up with some type of revenue source or, you know, we're going to have to charge, or we're going to have to somehow subsidize it one way or another. Vice Chair Gort: IfI recall, when we first started, my thinking was we should charge. But then Commissioner Carollo: Yeah. No, andl think Commissioner Sarnoff, Chairman Sarnoff also believed in the charging, I think. You know, it's Commissioner Suarez and myself that were very adamant that we should not and give it a test period. So you know what? Maybe we should give this a test period, too, and do it for two years in a pilot program, even though I'm telling you, I'm doing this, but holding my nose to a certain degree, because I really -- I think our trolley systems are so nice, cute, the way they look that I hate to put, you know, advertisement and change what, you know, the appeal that, you know -- Originally, the way the trolley system worked, it was actually a bus, but no one -- you know, there was some type of you know, stigma that, "Oh, we don't want to get on a bus, " so that's why the trolley system came to be, and everybody now likes to ride the trolley. So I think the real question is: Would people now stop riding the trolley because of the advertisement? I don't think they will, especially from what I'm seeing, especially on Coral Way. Downtown Miami is another area, so, I mean, it's being ridden quite a bit. And again, I'm just trying to find or at least help in solutions in order for us to maintain this program free of charge. So. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Yeah, I don't know that could say it much better than the way that Commissioner Carollo just said it. I think we're not under a false impression when we approve the trolley system that the monies that we were using were going to last forever. Now, we also knew at the time that depending on the tweaks that we made going forward in extending lines, I think we've, you know, we've extended more lines, hours of operation, which I think we're going to continue to tweak is my guess, andl think, you know, the Brickell one is ripe for that. I think the Coral Way one actually could be looked at from 7 to maybe 10, and all those little tweaks obviously have a cost. You know, we debated at that time what that would entail, whether it would be interior advertising. We talked about a variety of different things. I agree, you, I think the -- part of the charm of them is the fact that they have a unique look and feel, andl think that's probably why other cities have kept it that way. Having said that, we knew judgment day was going to come, and you know, the other thing is, too, from a perspective of we put out a procurement, you know, in good faith, these companies come to the table and they bid on it, you know, and they're spending resources. They're spending their time, andl think it's only fair that they be selected, you know, and leave it up to the Administration to decide at what point they want to begin the program and to what scale do they want to have the program, and obviously, you know, there's economics at play here, too, because, you know, it could be maybe, you know -- I know there's been discussion about how big they have to be for them to be sellable, you know what I mean? And otherwise, they may not be sellable, so I -- that's another kind of tension that, you know, that we run into and encounter, so, you know, look, I'm kind of in the same place where the Commissioner is. I'm going to support it, you know, and then we'll go from there. City ofMiami Page 98 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Yeah, let me -- I just want to say -- and I'm not going to be redundant. I agree with everything Commissioner Carollo said, and everything, of course -- and now I'm a supporter of free trolleys, 'cause I see what that does, and I have taken it quite a few times myself, andl didn't check to see ifI had change in my pocket, which is kind of nice. So, you know, given a perfect world, I probably would not support this. Being that we live in an imperfect world and there are no perfect solutions here, I like this solution. I am a believer in free trolleys now, and if this is a funding source that can -- you can send it out four more years, five more years. I'm a supporter. Commissioner Suarez: And by the way, you know, we do track the ridership, so we can as part of the pilot program track and see if the ridership is in any way negatively impacted, you know, by it. So. Chair Sarnoff All right, so anyone else? We had a motion; we had a second as amended. Commissioner Hardemon: As amended. Commissioner Carollo: As amended. Chair Sarnoff All in favor, then please say "aye. The Commission (Collectively): Aye. Commissioner Carollo: As amended. RE.14 RESOLUTION 13-01253 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER, WITH COMPENSATION AND EMOLUMENTS TO BE DETERMINED BY THE CITY COMMISSION. 13-01253 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0502 Chair Sarnoff All right, DI.1, status of hiring police officers. Chief. Commissioner Carollo: Let's do it. Commissioner Suarez: Do you mind if we do that? 'Cause he's got to go. Commissioner Carollo: Yeah. Chair Sarnoff All right. Commissioner Carollo: Can we do RE.14 and 15? Chair Sarnoff RE (Resolution) -- sorry, Chief. RE.14 -- City ofMiami Page 99 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 RE.15 13-00978 City Commission Commissioner Suarez: Sorry, Chief. Manuel Orosa (Chief of Police): No problem. Chair Sarnoff -- and RE.15. Commissioner Suarez: Well, you know, they're two separate questions. This Commission entrusted or asked me to lead the negotiations to negotiate the salary for the City Attorney, assuming, of course, that we reappoint the City Attorney. I don't know that there's anyone else in contention, but -- andl don't know if the Chair wants to take them up. I mean, they have to be done separately but -- Chair Sarnoff I agree. Commissioner Suarez: -- you want me to just make my --? Chair Sarnoff Yeah. Logic dictates we appoint her, and then, you know, right. Commissioner Suarez: Right. So I'll make a motion to reappoint the City Attorney, and then we'll talk about the salary. Commissioner Carollo: Second. Chair Sarnoff So it'll be a motion by Commissioner Suarez; second by Commissioner Carollo; any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: And Mr. Chair -- Victoria Mendez (City Attorney): I wanted to tell you, you were all making me sweat for a while since you were just standing up and walking around. Thank you so much for your trust in me. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE COMPENSATION AND EMOLUMENTS FOR CITY ATTORNEY VICTORIA MENDEZ. 13-00978 Legislation. pdf 13-00978 Attachment No.1.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0503 Chair Sarnoff All right, now we get to the nitty and the gritty, as we say. Commissioner Suarez: The nitty and the gritty. Well, you know, again, the Commission entrusted me with negotiating the City Attorney's salary for the last -- since I arrived here and the times that we've had to do it, the Commission has entrusted me with that responsibility. City ofMiami Page 100 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Before I got involved in negotiating the City Attorney's salary, it had reached a pinnacle of $288,334 in 2010. The salary that am requesting approval from the Commission and that have proffered and negotiated with the City Attorney is $199, 699, which is a savings of approximately $88, 000 from the zenith in 2010. You know, that is commensurate with what like-minded, like -sized cities across the State that have comparable demographics to the City of Miami. There's a variety of information in the backup that you can look at to see how we arrived at that. And I'd like to thank the City Attorney for having spirited negotiations. There were several back and forths [sic]. We argued over things that were very mundane, and we used a variety of different benchmarks, and ultimately agreed that our City Attorney should not get paid more than the Attorney General of the United States of America, so that was one of the last items that used for negotiation, but that's what I'm presenting to the Commission. I think that's a substantial decrease from -- almost a 33 percent decrease from its high point when I started negotiating the salaries, and we've done similarly with the Clerk, who was gracious enough to make it easy for me. That's my motion; to accept that compensation package as included in the backup. Commissioner Carollo: Second. Chair Sarnoff All right, we have a motion by Commissioner Suarez; second by Commissioner Carollo; any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye. " The Commission (Collectively): Aye. RE.16 RESOLUTION 13-01290 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2015. 13-01290 Summary Form.pdf 13-01290 Legislation.pdf 13-01290 Exhibit.pdf BC.1 13-01383 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Julian Linares Mayor Tomas Regalado City ofMiami Page 101 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 (Term ending 12/12/2014) Marianne Salazar (Term ending 12/12/2014) Wifredo (Willy) Gort (Term ending 12/12/2017) 13-01383 MIC CCMemo.pdf 13-01383 MIC Current_Board_Members.pdf Mayor Tomas Regalado Commission -At -Large Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0508 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Julian Linares and Marianne Salazar as members of the Mayor's International Council; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Julian Linares and Marianne Salazar as members of the Mayor's International Council. Todd B. Hannon (City Clerk): Sorry, Commissioners. BC.1 is the Mayor's International Council. Mayor Regalado will be appointing Julian Linares with a 5/5 term waiver, in addition Commissioner Suarez: Move it. Mr. Hannon: -- to Maryanne Salazar with a 5/5 term waiver, and additionally, there is a vacant Commission at -large seat that was vacated by Commissioner Spence -Jones. Vice Chair Gort: I would like -- Mr. Hannon: This isn't part of the Commissioners as board members items, so any Commissioner can -- Vice Chair Gort: -- to be appointed to that one. Mr. Hannon: Okay, Commissioner Gort has made a motion to fill the vacant seat on the Mayor's International Council. Commissioner Suarez: I'm sorry. I move all three of those at one time. Mr. Hannon: Yes, sir. Commissioner Hardemon: Second. Commissioner Carollo: Second. Chair Sarnoff All right, we have a motion, a second; all in favor, please say "aye. " The Commission (Collectively): Aye. Mr. Hannon: Thank you, Commissioners. City of Miami Page 102 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 BC.2 13-01382 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stephen Nostrand Off -Street Parking Board (At -Large Appointment) 13-01382 Off -Street Parking CCMemo.pdf 13-01382 Off -Street Parking_Current_Board_Members.pdf 13-01382 Off -Street Parking Resolution.pdf 13-01382 Off -Street Parking Resume for Appointment.pdf Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-13-0509 Vice Chair Gort: Mr. Chairman. Commissioner Suarez: Danny, can you get the Chairman? Vice Chair Gort: Okay, what's next; RE.12? Commissioner Carollo: What's he doing; celebrating or something? Vice Chair Gort: RE.12. Oh, we had that already. Commissioner Hardemon: Yes, we already took (UNINTELLIGIBLE). Vice Chair Gort: RE.13. Commissioner Hardemon: The Chairman is back. Vice Chair Gort: Okay. You celebrated, huh? Chair Sarnoff I -- Commissioner Hardemon: We said you were celebrating. Chair Sarnoff No, I was waiting for you to cast the vote. We heard "REP." I never heard "PH 11. " So, okay, so we're on -- can we do RE (Resolution) -- no. Vice Chair Gort: RE.13. Chair Sarnoff -- Thirteen. No, we did 13, Trolley ads. Vice Chair Gort: Oh, we did? City ofMiami Page 103 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 BC.3 13-01384 Office of the City Clerk Commissioner Hardemon: We did 13. Chair Sarnoff So really, it's 14 and 15. Commissioner Hardemon: That's correct. Chair Sarnoff But Commissioner Suarez -- Todd B. Hannon (City Clerk): Commissioner Suarez should be right back. Chair Sarnoff You want to try doing boards, Mr. --? Commissioner Carollo: Let's do it. Chair Sarnoff Let's do boards. Commissioner Carollo: Let's do it. Mr. Hannon: Good afternoon, Commissioners. I'm going to start off with BC.2 first. BC. 2 is an appointment made by the Off -Street Parking Board. Commissioner Carollo: Move it. Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Carollo; second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Sarnoff of the Downtown Development Authority Commissioner Hardemon of the Commercial Solid Waste Management Advisory Committee Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency City ofMiami Page 104 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Hardemon of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Hardemon of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Florida League of Cities Commissioner Suarez of the Miami -Dade County League of Cities Commissioner Hardemon of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 13-01384 Commissioners as Members of Boards CCMemo.pdf 13-01384 History Commissioners as Board Members.pdf Motion by Commissioner Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-13-0510 ToddB. Hannon (City Clerk): BC.3. BC.3 is the Commissioners as members of boards. I'm not exactly sure how the Commission would like to approach this particular item, but the boards that currently have vacant seats due to the recent election is the Commercial Solid Waste Management Advisory Committee; the Chair of the Southeast Overtown/Park West CRA (Community Redevelopment Agency); the Greater Miami Convention and Visitors Bureau, and the Miami -Dade County Tourist Development Council. Commissioner Hardemon: And ifI may, my desire -- and guess could make a motion, but desire to be appointed to the boards that Commissioner Spence -Jones was previously appointed City ofMiami Page 105 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 to, so that is the motion that I move -- to be -- Commissioner Carollo: Can we add to that motion and then say: "And all the other boards remain the same, with the same Chairman"? Commissioner Hardemon: I accept that. Commissioner Carollo: If everyone okay with that? Commissioner Hardemon: Yes. Commissioner Carollo: So I will second his motion that he becomes the Chairman of all the boards that Spence -Jones was the Chairman [sic] of and that all the other boards remain the same. Commissioner Suarez: Yep. Agreed. Chair Sarnoff All right, we have a motion. Commissioner Carollo: And I'm seconding. Vice Chair Gort: It's been moved and second. Chair Sarnoff Second. Commissioner Carollo: Second. Chair Sarnoff And any discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES BUDGET BI.1 DISCUSSION ITEM 13-01342 Department of STATUS (SEC.18-542(B) CITY CODE) Management and I. 2013-2014 BUDGET Budget II. PROPOSED 2014-2015 BUDGET 13-01342 Summary Form.pdf DISCUSSED Chair Sarnoff All right, I think we can go backwards now. Commissioner Carollo: RE.14 now. Chair Sarnoff RE.14 and 15, I'm going to recognize -- Commissioner Suarez: Let me get -- I have some -- Chair Sarnoff Okay. Commissioner Suarez: -- material on that. City of Miami Page 106 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 DI.1 13-01241 City Commission Chair Sarnoff We'll keep moving on. Commissioner Suarez: Okay. Chair Sarnoff BI -- Bl. -- BI 1. -- how is that said? BI -- Commissioner Carollo: BI1. Chair Sarnoff BI 1, Christopher Rose (Director, Office ofManagement & Budget): Good evening, Commissioners. Chair Sarnoff You guys have got to change this numbering system. Mr. Rose: BI1 is the budget discussion item; the monthly budget discussion item. The books closed last night. And again, I am scrolling till get to the right spot. Forgive me. We are not yet making projections. We won't do that until the first three months are done. The write-up that I've got will go out later today, and I'll get on a good schedule to where I'll get it to you before the Commission meetings once we get into the two meetings a month. There are no major financial anomalies to report to the Commission. Revenues year to date were $63 million, which is about 8 million higher than last November, and is approximately 12 percent of what's budgeted. We continue to see a strong growth in Building, Planning & Zoning, Code compliance. The marked -- market -- the requirement with interest has shown a decrease of 1.6 million per year to date, which is better than the decrease of 2.3 that it was last month, so we have shown some positive increase there. Expenditures year to date were 67 million, which is within about 200,000 of last year this time. All departments were within the 16 percent that we would expect so far, and overtime is still something that we're keeping a very close eye on. I'll take any questions should you have them. Chair Sarnoff Any questions? Commissioner Carollo: No. Chair Sarnoff Okay. Mr. Rose: Thank you, Commissioners. Chair Sarnoff Thank you very much. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-01241 Cover Page.pdf DISCUSSED Chair Sarnoff Okay, we are now on - boards, budget? Commissioner Carollo: DI.1. City of Miami Page 107 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Status of hiring police officers; DI1, Chief. Manuel Orosa (Chief of Police): Good afternoon again, Commissioners. Since last time, I had the pleasure to -- swore in yesterday actually 18 new police officers. We have hired eight since last Commission meeting. There's one noncertified that we hired, and there's two certified pending medical, which should be clearing next week, so for a total of about 10 that we just hired since last Commission, plus the 18 that we just swore in. Out of the certified original list that we were processing a few months ago, we only have 25 candidates left, and we're still processing that. The second week of January, we're going to bring in all in a three-day period, the 27, 28 -- no, I'm sorry --14, 15, 16, that time frame -- all 1,144 applicants that just applied last time around, and from there, we're moving forward to hire the officers. We have hired this year alone 108, and we've lost 40, either by separations or terminations, so we have a net gain of 68 officers right there. Chair Sarnoff Chief the way I've learned to deal with your issue is: Where are we right now with number of uniform police officers; what's the actual number? Chief Orosa: In patrol it -- Chair Sarnoff No, no, no, 'cause I've learned not to get into that with you. What is the actual total complement of people that wear shields? Chief Orosa: That wear shields. Let me put it the -- Chair Sarnoff Sworn police officers. Chief Orosa: Right. Let me put it the other way. We are -- in the old numbers, we're 27 down. Chair Sarnoff No. Chief Orosa: In the new numbers, we're 62. Chair Sarnoff Here's what we should have, Chief. Chief Orosa: Sixty-two now. Chair Sarnoff We should have 1,138 officers. Tell me if we do or we don't, 'cause this is the wayl want to do this with you from now on, and I'm going to teach -- Chief Orosa: Okay. Chair Sarnoff -- Commissioner Hardemon why we do it this way. I hope you want to see it done this way. Commissioner Suarez: Let's go. Chair Sarnoff Because when we started this out, we were at -- Commissioner Hardemon: Is that popcorn? Is that popcorn? Commissioner Suarez: No, it's peanuts though. You want some? Chair Sarnoff We were at 1,060. You got us now -- and by the way, this is not a criticism of you. We've never had so many officers that know of in the City ofMiami. But if we're not at 1,138, then we're just playing numbers games. What are we at? City ofMiami Page 108 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chief Orosa: The -- our total staffing was 1,144, and you upped it by 35 to 1,179, correct? Chair Sarnoff Allocated. Chief Orosa: Allocate -- well, we're going to continue once we reach 1,144. Chair Sarnoff No, I hear you. Commissioner Carollo: But where are we? Chair Sarnoff Yeah. People with pulses and heartbeats that wear -- well, that are sworn officers, how many do we have? Chief Orosa: Eleven -oh -five. Chair Sarnoff Eleven -oh -five. And I got to tell you, we're talking past each other. Commissioner Suarez: We are. Chair Sarnoff Because I've been tracking this since the time we've been doing this. On 5/9, we were at 1,103. On 5/23, you did not tell us the number. On 6/13, 2013, we were supposedly at 1,110. On 6/27/13, you didn't tell us. On July 11, you didn't tell us. On July 25, you didn't tell us. On September 12, 2013, we were at 1,109. On September 26, you didn't tell us. On November 10, we were at 1,117. On October 24, you didn't tell us. On November 21, 2013, we were at 1,130, with eight waiting medical clearance. Now, I'm pretty frustrated, 'cause all I want to deal with is total numbers. How you allocate those numbers is completely up to you. Chief Orosa: Okay. Chair Sarnoff This Commission can only allocate money. Chief Orosa: Maybe I'm doing this -- Commissioner Carollo: Yeah, I don't -- Chief Orosa: -- the wrong way that you want it done. I'm coming to the Commission meeting with the numbers of people we've hired, because that's the status on hiring, and not necessarily with how many we got, how many staffing positions we have and how many shields, but I'll get those numbers to you. Chair Sarnoff From now -- and I don't want to -- I'm not going to hog this, but I -- it's sort of been my issue, andl want to understand it. I like hearing how many you've hired. I also like hearing how many we've lost. But the net result is what this Commission has got to be most concerned about, and we're very meticulous in my office. We go over every one of these transcripts, and we make sure that -- well, we weren't obviously meticulous enough, 'cause we didn't get some of your net numbers. But we're actually not at the highest staff level we've been, 'cause apparently, on June 13, 2013, we had 1,110. Chief Orosa: I forgot to mention something, and Chief Gomez just mentioned it. Chair Sarnoff Well, correct the record. Chief Orosa: We have 33 in the academy that I'm not counting, so that brings us to 1,138. That counts towards our staffing, because they're collecting a paycheck. City of Miami Page 109 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff And you know what? As I was about to say you're wrong, you are somewhat right. So it's 1,105 plus -- Commissioner Suarez: They're not on the street yet. Chair Sarnoff -- thirty-three. Chief Orosa: Mm-hmm. Chair Sarnoff And now, I'm going to yield the floor to anyone who wants it. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Yeah, and then -- Chair Sarnoff Let me hear Suarez and then I'll go to you. Commissioner Suarez: I'll yield to Commissioner Carollo, and then I'll go. Commissioner Carollo: No, the only -- I agree with what you said, Chairman Sarnoff, except for I do think that where the resources are allocated, it's important, andl think we've increased patrol. Commissioner Suarez: Yeah. Commissioner Carollo: So those numbers have also increased in the patrol area; in other words, police presence, which I think is where we wanted to put it, andl think that's important because there were officers that you asked, they were sworn officers with a badge, but they were behind the desk, whereas civilians could actually do that work. Commissioner Suarez: Right. Commissioner Carollo: And now, they have gone to patrol, which has put additional officers on the street. So -- Chief Orosa: And to that point, remember, about a year and a half ago, where we had the discussion of what's the optimum so that we don't go into overtime, et cetera, and it was -- 388 was the average. The optimum is 400. We're at 448. Chair Sarnoff And the reason I said that, Chief because I'm going to say this again: Either we have the right Chief ofPolice or we don't have the right Chief ofPolice. And there's nothing could ever do to tell you how many staff to put on the street. Now, as a policy, sure, I happen to believe an ounce of prevention is worth a pound of cure, so I want to see as many cops on the street as possible. But you could probably out -argue me, 'cause you're the expert, that, "Commissioner, you may need a cop here, but you don't need a cop here, 'cause I have a special strategy over here." That's why it's our job to allocate the resources and now we've learned to monitor how we're hiring people, 'cause this has been a rugged three years. And I'm going to yield to Suarez, but I'll say this again: I do want to see more police officers on the street. Commissioner Carollo: Yeah. Chair Sarnoff But I'm going to say this: Either you're the right Chief ofPolice or you're the wrong Chief of Police. I happen to like you. I think you're the right Chief of Police, but I can't out -argue you for where to put personnel, 'cause that's what you do for a living. City ofMiami Page 110 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Suarez: Mr. Chair. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I think -- look, I'm a little frustrated too. And, you know, the last -- first of all, I commend you for continuing to bring this, and I commend you for your review of the various statements that were made throughout all the Commission meetings that you just cited. I think what all of us have tried to get -- Commissioner Carollo included -- is, number one, demystf the process. It's this mysterious process -- you know what mean? -- as to how many officers are here, there, all these different acronyms, you know? Demystf it for us, okay? Put it on a spreadsheet. He's a good numbers guy. I think I'm a finance -- you know, we understand numbers. Demystin, the process, okay? Put it on a spreadsheet, and then every time we have this item, the spreadsheet should be in our backup, which it is not. There's no memo in our backup as we asked for the last time. There's no memo in our backup, there's no spreadsheet so that we can track the numbers, 'cause it's not hard to track the numbers. Once you understand how -- are you going to count an NRO (Neighborhood Resource Officer) as a police officer? Are you going to count a commander as a on -street police officer? We can make our own value judgments about that; whether we think an NRO should be counted as a on -street police officer or not, or a PST (Problem Solving Team), you know? Tactical, you know, response -- and by the way, that's changed in the four years we've been here. There's been TRO -- you know, TRUs (Tactical Response Units) or TROs, or whatever they're called -- Tactical Response Unit. That was disbanded, and now, you have PSTs (Problem Solving Teams). So number one, demystify it, okay? Number two, make it simple. Put it on a spreadsheet so that we can compare it. And then you can say column number one is last Commission meeting, these are the numbers. Column number two, this Commission meeting, these are the numbers. Net change, you know, column number three. And that should be in our backup every single time this issue comes up so that we understand what we're talking about, and it's an "apples to apples" comparison. Now, if we don't like the categories or we don't understand them, we can say, "What does this mean? Expand this category." Why -- you know, today, a statement was made that 388 was the patrol officers; that 400 was the ideal, but we have 450. That's more or less what was just said; 440-something. But what we had been talking about was to right -size our Police Department, we need a certain number of officers per residents, okay? So that could be at the end of the day, you know, the bottom line number, officers per residents, total officers. You know, there could be some totals. But I think what we all had -- I thought what we all had agreed on was that we needed 300 more officers, which would have doubled the number of officers on patrol. It would have put us from 388 to 688 or from 400 to 700, depending on how you want to look at it. In other words, what we had decided was the optimal level as policymakers is not 400. It's really almost double what we have right now, and it's -- we were going to do it at a clip or we were going to try to do it at a clip, assuming we could hire them at a clip of 100 a year for three years. We're going to try to find the money to do that. And that's very simple. That's simple for us to do, andl think that's the promise that we made to the community. And when you continue to see the violence day in and day out, every single day -- I know we get the alerts. I'm sure you all read them. I know I read them, and every time I look at them I get -- I'm angry, 'cause I feel like we're not doing enough. Every single time I get an alert, I feel like manning a post, you know, and if that's what it's going to take, if we have to man a post, we'll man a post, you know, whatever it takes. You know, it's just -- to me, it just -- it infuriates me when I get the constant post, the constant shootings, the con -- and you know, so I think we need to demystify the process, simplify it, quantify it, and then we can compare it. Thank you. Chair Sarnoff And just so we're clear, Chief Gomez, 'cause you're the one that's going to end up doing this, he's right. I want to see the number of police officers. We want to see the changes from each Commission meeting. You want to give us the prospects, people that you are paying, you know, your recruits that you are putting through the academy, that's fine. But we also know 33 people are not on the streets, you know, they're not. They're going to be on the streets, but City ofMiami Page 111 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 they're not on the streets. At any rate, I think his spreadsheet -- Commissioner Suarez: Yeah. Chair Sarnoff -- demystifies this. Commissioner Suarez: Andl was going to say, you wrote a memo, I think, the last Commission meeting or the one before that. Chief Orosa: Correct. Commissioner Suarez: I think it was the one before, 'cause I wasn't here the last Commission meeting -- where you kind of broke it down categorically. Chief Orosa: Mm-hm. Commissioner Suarez: Andl don't know why we went away from that; in other words, why we didn't do that. Chief Orosa: It was sent again. Commissioner Suarez: I know, but it's not in our backup. I mean I -- is it in your backup? Chair Sarnoff No. Commissioner Suarez: Is it in your backup? Chair Sarnoff I got the memo, but it was not sent -- and it's not exactly the same format as what he's talking about. Commissioner Suarez: And what I'm talking about is a little bit more simple. Chief Orosa: Okay. Commissioner Suarez: You know? Chief Orosa: What I'm going to do for you, if it's okay with you, I'm going to go back to May of this year. Chair Sarnoff May 14 -- Commissioner Suarez: That's fine. Chair Sarnoff -- 2013. Commissioner Suarez: Fine, yeah. Chief Orosa: And if you want, by Commission meeting, we'll do it by Commission meeting. If you want by month, we'll do it by month. And what I'll go back -- and we'll go, what was our budgeted officers, the actual count, and basically, how many did we lose, the firings, retirements, whatever, and how many did we gain. Commissioner Carollo: It's called the net. Chief Orosa: And then we'll go Commission by Commission meeting. City of Miami Page 112 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff And the net result of number of uniformed officers available to you. If you want to go further and say how many are in patrol, and you're comfortable saying that, great. Chief Orosa: Okay. Chair Sarnoff 'Cause I -- you know, I -- believe it or not, I agree with what he's saying. I just don't want to say -- I don't want to jump on that band wagon so much, 'cause I think it's your discretion how to deploy people, but I think everybody here is saying an ounce of prevention is worth a pound of cure. Chief Orosa: Okay. Commissioner Suarez: Yeah, and you went out -- you were the one that discovered that we were woefully understaffed. I mean, you're the one that brought up the statistics. Chief Orosa: And I'll give you -- Commission by Commission meeting, we'll give you officer per resident, as well. Chair Sarnoff Okay, perfect. Chief Orosa: So you can see the fluctuation. And if you want, we can give you the total amount of policemen in patrol. Chair Sarnoff Perfect. Commissioner Suarez: Okay. Chief Orosa: Okay. Chair Sarnoff Commissioner Hardemon. Commissioner Hardemon: And Mr. Chairman, thank you very much for the recognition. I'm probably one of the -- although I'm newest here, I interact with the police officers and have been the most because of my past job and some people that I know that have worn that beautiful uniform that you have on. And because of that, because of the number of interactions I've had, you know, part of my worry -- and when we talk about demystifying that number -- is there are -- we have -- of course, we all know we have budgetary constraints as it goes to hiring police officers. And so when I have police officers that are available to the City ofMiami, I hope and wish that the number of police officers that are uniformed, that are able-bodied and able -minded to be on the street and actually doing things involving the street, if it is patrol or whatever it may be, but not doing things such as a uniform officer who is going to get paid at a higher rate that is a secretary, that is someone who's behind the desk doing jobs that non -sworn individuals can do, and that's part of my worry. I'm -- because this is my first meeting, I want to see more of how these numbers play out, and so I'm excited about the way that you're going to go about spelling out those numbers. But my big worry and the 800 pound gorilla in the room to me is not the total number that we have, but moreover, the number of officers that are being paid high salaries to do non -officer work, who are doing secretarial type work, because that money can be used to actually employ more people who may not be sworn officers to do those jobs, and then we can make sure that we have the number of people that we need on the street servicing our community, because we greatly need it. We just had that bill that Commissioner Sarnoff -- well, that legislation that Commissioner Sarnoff so graciously provided us, and that was all about public safety, and that's all about putting officers in that facility. So when I see an officer, I want to make sure that he is on the street doing something to ensure the safety of this community, because I think personally that that's where the glory is, that's where the honor is, the people that City ofMiami Page 113 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 do it every single day. So that's where I stand on it. I don't have any other harsh positions one way or the other just yet, but that's what I believe in. Chief Orosa: Just to clam something for you, when I first took over, I did that. I went through the entire table of organization of the Police Department, andl sent 33 officers back to patrol that I figured somebody else could do the job. A few -- I want to say a few weeks ago, on the direction of the City Manager, I sent back another five, and we have figured out that we can send back another 10. But in order to send those 10, we have to replace them with secretaries, civilians, IT (Information Technology) people, and we're in the process of hiring those 10 individuals that will come on and do a civilian job so that we can get those 10 officers, including about four sergeants, and put them back on the road. So hopefully, by the beginning of the year, the civilians will be onboard, and you got 10 more guys and gals out on the road. Commissioner Hardemon: Andl would like that, because that's where the years of experience of being a police officer matters. It's those split second decisions when there's danger, perceived or real. The more experienced officers make the better decisions. Chief Orosa: Correct. Commissioner Hardemon: Because they've been there before, they're not new, they're not wet behind the ears. They know that when someone runs up on them in Liberty City, it doesn't mean they're going to get shot, you know. Andl think that those issues are very important to me, so please continue doing that. Thank you. Chief Orosa: Yes, I will. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: And just to piggyback with what the Chief said that's why it's -- the number of officers is important, andl believe in what you said, but it's not just the number of officers. You just see how we have the same number of officers, or with the same number of officers, we actually put more officers on patrol, because we could replace them with civilians to do, you know, a job that a civilian cannot do out on the street. So that's it. Chair Sarnoff Commissioner Gort. Vice Chair Gort: One of the things I'd like to see is more communication, I'm sure you have, with the NRO. They're in the neighborhood constantly. They know where the problem spots are at. They know most of the people, the delinquents, where all the illegal transactions are taking place; to make sure we maintain that communication. We talked about the -- yesterday, about the plan that was established in downtown Miami a long time ago when you get security, security guards. They have a certain kind of communication with the police, and that helps quite a bit, too. So it's a combination; put all those things together. Chief Orosa: Yes, sir. Chair Sarnoff All right, Chief. Chief Orosa: Sir. Chair Sarnoff You got your marching orders, so to speak. Chief Orosa: I got you. January meeting, I'll have everything going back to May. City ofMiami Page 114 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Thank you. (UNINTELLIGIBLE). Commissioner Hardemon: Chief we appreciate your hard work. Chief Orosa: Thank you. Chair Sarnoff Yeah, and no criticism, Chief. I mean, we're not -- you came into a tough spot. You've done a good job. We're just asking for information and just making sure that what we think is going on is going on, that's all. Chief Orosa: Okay. Chair Sarnoff Thanks. Chief Orosa: I got it, thank you. DI.2 DISCUSSION ITEM 13-01370 Office of Management MIAMI-DADE COUNTY'S "MAYORS BLUE RIBBON TASK FORCE" ON THE and Budget PUBLIC LIBRARY SYSTEM. 13-01370 Summary Form.pdf DISCUSSED Chair Sarnoff All right, I'm going to jump to DI.3, 'cause Warren Bittner is going to have to go to the dentist. I promise to go to DI.2 right after that. Commissioner Carollo: Chairman Sarnoff. Chair Sarnoff Yes. Commissioner Carollo: As you already know, I'm going to leave. With DI.2, it's a discussion item. The only thingl ask, that we do not take a vote unless I am here. It's a discussion item. Would you just listen to it? Actually, my wife is a librarian, soI asked the City Attorney ifI would have any issues, any voting conflicts, or even discussion. She has replied "no." She's there. Would you state --? Victoria Mendez (City Attorney): Correct. We wrote a little memo on it for his records and all. Commissioner Carollo: The only thing is that, listen, this is a big issue countywide, andl crunched a few numbers with our CFO (Chief Financial Officer), and the only thing is thatl don't want this to be a burden on our municipality. I want any vote that we take have good financial, prudent decision. So the only thingl ask, that since I'm going to be leaving, that this maintains a discussion item, and there's no vote taken -- Commissioner Suarez: That's fine. Vice Chair Gort: Good. Commissioner Carollo: -- until either I come back later on this afternoon, this evening, or in the next Commission meeting. Thank you. Commissioner Suarez: Understood. City ofMiami Page 115 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Thank you. We will do that. Later... Chair Sarnoff All right, so moving now to DI.2, discussion, Miami Mayor's Blue Ribbon Committee Task Force on the Public Library. Christopher Rose (Director, Office ofManagement & Budget): Good evening, Commissioners. I've had the pleasure of saying good morning, good afternoon and good evening to you today from this podium. I'm sure you've heard -- you know a lot of the things that have happened with the County's library system over the last several months. Commissioner -- or County Mayor Gimenez has set up a task force that will be meeting again on December 18, which is why we're bringing this item for your discussion tonight; that's next Wednesday. We would like to hear from an administrative standpoint what the Commission's pleasure is on what's happening so far, and everyone is invited to that meeting, Commissioners and citizens. There have not been any decisions made yet. There have been many fact finding meetings. Staff myself have been going to more than a dozen meetings, and we have provided a memo to each Commissioner explaining what has happened so far. So just recognizing that the City has had the library system longer than the County has, and the City turned over 10 libraries in 1971, I would ask what is your pleasure; what would you like to talk about and what would you like us to bring to the task force next week? Commissioner Hardemon: I'm flat-footed, so. Chair Sarnoff What's that? Commissioner Hardemon: I was caught flat-footed so. Chair Sarnoff I would have liked to have had Commissioner Carollo here, but I guess -- Commissioner Gort. Vice Chair Gort: He asked if we can discuss it, but not to make any decision, not to take any action. I think we -- first, we need to find out what is the idea, what would they like to do, and if they want to close any of the libraries within the City ofMiami, and if they do, what's the remedy? Chair Sarnoff Isn't there -- is there some sort of -- I thought there was a provision as a result of our transfer that they could not close City ofMiami libraries. Is that urban legend? Mr. Rose: There is not exactly such a provision; no, sir. The agreement was in 1971; ran for 30 years, so it expired. Chair Sarnoff 2001. Mr. Rose: The land -- the provision that was there said that services shall not be reduced, but that has expired. The land is still our land, though, and presumably, the buildings are -- Vice Chair Gort: Still our property. Mr. Rose: -- still building, so it is -- it was in the agreement at that time. Chair Sarnoff Does anyone from the public wish to speak on the public library system? Ms. Mendez: Chairman, ifI can make an analogy of -- oh, she's going to -- all right. City ofMiami Page 116 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Ms. Summers, you're recognized for the record. Lynn Summers: Yes. My name is Lynn Summers. My address is 2730 Southwest 3rdAvenue, Miami. I have participated at Mayor Regalado's request, in this process at the County, and before I talk specifically about this process, I want to remind all of us of a couple of key things, which for me, as an individual citizen and as a representative of the City ofMiami, been in the forefront of my mind. Number one, we live in Miami -Dade County, which astonishingly has the highest rate of illiteracy by a good margin of any county in the State of Florida. As we all know, we live in the City ofMiami, which, depending on when you pull the statistics, is the fourth or the fifth poorest major city in the United States. We also know that there's an inextricable link between the rate of illiteracy and the rate of poverty. We've also learned in this process that your staff and I, and many other people have been participating in that a vibrant, effective and stable public library system is the best defense, best line of defense to reducing the rate of illiteracy. And our public library system is at a critical point. If some significant different action is not taken by our Board of County Commissioners on October 1, more than 50 percent of the existing public libraries in our County will have to close. Some of you may have read and have seen published in the Miami Herald and other media outlets a closure list that was proposed by the Mayor's office in August. It was eventually refracted, but in the City ofMiami, the libraries off the top of my head, thatl know were scheduled for closure were: V rrickPark in the West Grove; Little River; Lemon City andAllapattah, and there were others. That didn't happen, but the only reason that it didn't happen is that the library system is now burning through all their reserves, so come September 30, there will be insufficient money to operate the library system. All of -- yes, sir. Vice Chair Gort: And they have closed Grapeland Library. Ms. Summers: Pardon? Vice Chair Gort: Grapeland. We had a library in the Grapeland Park, and now, it's closed. Ms. Summers: There was one at Grapeland, but the City, in cooperation with the County, agreed to close that library, and that's now the location of the water park. And to follow up on a question that you put to your Budget director, the agreement that the City entered into with the County lapsed in 2001, and for a period of time, there were many of the City facilities that -- owned by the City were being operated by the County, for which there was no lease, but in 2007/2008, you did enter into a new lease contractual agreement with the County. There is a provision in that agreement where the County has represented to the City that in exchange for the lease of these facilities that for $1 a year, the County promised that the library system would be operated at the level of service in place on the effective date of that agreement. But I wouldn't be candid with you ifI didn't tell you there are mutual cancellation clauses in that agreement, so it is not reasonable to think that you have strong contractual rights. You have a very good argument. To move through this quickly, nothing is going to happen at this meeting on the 18th; nothing final. But it is the beginning of a process, and Mayor Regalado has taken this process seriously. Your City Manager has taken it very seriously and devoted an awful lot of their staff time to it. And I think we have all left our thumbprint on the information that's moving forward. One thing that I undertook when I got started in this process, because it was clear to me pretty early on that there's not a core base of facts about the development of the library city -- of the library system that everybody understands, so with the wonderful cooperation and very hard work of your Clerk's Office and the County Clerk's Office, we are developing an administrative history of the library system. In that process, we learned one thing: You, as the City Commission, have a right embedded in County ordinance to have three appointments to the County's library system. Somehow or another, that has gotten lost over the years. You have not and you don't have those City Commission endorsed representatives. If -- I would like to think if that had happened that we'd be having a different conversation now. So to wrap up, because I City ofMiami Page 117 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 know you've got an agenda to finish, here are some strong recommendations that I ask of you: Number one, ask your City Manager, your City staff to do whatever is necessary to move the process so your representatives on the County's Public Library Board are put in place. Number two, please attend or have your staff attend this meeting next week on the 18th, from 9: 30 to 11: 30 in the County Commission chambers. Number three, go and visit the public libraries in your respective districts. Since I've been working on this, I've done that, and just dropped in different times of the day, different days of the week. Without exception, it's been an enlightening, very heartening story. The best picture thatl can describe is dropping into the V rrick Library in the West Grove on a Saturday afternoon, and the library was half full or more with predominantly young African males using computers, working on group projects. And don't know if this was something that was orchestrated or if a special teacher assignment or what, but these young men were in -- elbowing, jousting with one another on who was going to get the most credit as they worked on their homework. What more can we want to be going on in our cities? So I'm optimistic about the likelihood of a good outcome. I think that the funding problems are sufficiently significant; that there's going to be a short-term solution, and while we all work towards a long-term solution. But your predecessors on this Commission, from as early as 1915 or '16 were allocating public dollars to support the library system in the City ofMiami. You -- in 1941, the Florida Legislature gave you, the City ofMiami, the authority to assess a library millage, which you did assess a millage in the City ofMiami up to and through 1970, when you turned the system over to the County, and then the County began to assess the millage. So this City and its citizens has an extraordinary investment in the public library system, and it is one of the proudest legacies that I've ever become familiar with, and this is the time for this City Commission, and the Mayor, and the Manager to communicate to the County and urge County Commissioners to take the right steps to properly fund this system, and reverse the trend that has been going on in recent years. Chair Sarnoff Thank you. All right, it appears, gentlemen, without -- if we just let go of our blue page items -- I don't think you had any, and I don't think Commissioner Gort did. I have no problem letting go of mine. We could go to P&Z (Planning & Zoning), and maybe finish out this Commission meeting. So with that said, why don't we move over to the P&Z agenda. ToddB. Hannon (City Clerk): And so, Chair, you're adjourning the regular meeting? Chair Sarnoff I am, thank you. Mr. Hannon: You're welcome, sir. Chair Sarnoff Thank you for reminding me. DI.3 DISCUSSION ITEM 13-01393 District2- DISCUSSION REGARDING THE PURCHASE AND RESERVATION OF Commissioner Marc SHELTER BEDS PURSUANT TO RESOLUTION NO. 13-0299, ADOPTED David Sarnoff JULY 25, 2013. 13-01393 E-Mail - Shelter Beds.pdf 13-01393 Resolution No. 13-0299.pdf 13-01393-Submittal-Comparison of MOU Drafts.pdf 13-01393-Submittal-District 3.pdf DISCUSSED Chair Sarnoff So DI.3. And the reason I brought this back up, if you all recall that we put $240, 000 towards the Homeless Trust for what we considered to be Pottinger-eligible beds. Well, gentlemen, I'm very proud to announce that last night at 11:30, we came to a resolution on City ofMiami Page 118 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Pottinger, and the addendum to the settlement agreement, subject to this Commission's approval, subject to the court approving it, as well, is before us. And so I'm very pleased to announce that, andl want to keep that in context of what we did before, because under the settlement agreement, a bed is now going to be a mat. Commissioner Suarez: Can I ask a question? Chair Sarnoff Sure. Commissioner Suarez: Is it more of a legal -- kind of -- maybe the two -- now I had to realize that there's two other lawyers on this Commission; not just one other lawyer, and maybe both of you know the answer to this. Sometimes, as lawyers, we're curious as to how some of this happens. Obviously, the plaintiffs may not be around, so who do you settle with? Is it -- are you settling with --? I'm just curious. This is purely like a legal question. This is like a law school question, you know, so it's -- Chair Sarnoff 'Cause I do a little bit of this, so -- Commissioner Hardemon: You're the high paid lawyer. I just go to court; that's all do. Chair Sarnoff So we -- Michael Pottinger, I believe; Peter Carter and Berry Young are dead. Commissioner Suarez: I wasn't sure, but I suspected they might be. Chair Sarnoff We believe we have learned that they have -- that they're deceased. Commissioner Suarez: Okay. Chair Sarnoff They are the class represented in this class action. Commissioner Suarez: Is there like a guardian appointed to represent the class? Chair Sarnoff No. We think there's going to be a need for class substitution, which means another homeless person similarly situated could substitute in for Michael Pottinger. Commissioner Suarez: But let me ask you this: What if -- since the practices that we're being engaged in that led to the lawsuit and prompted these three gentlemen to sue, maybe -- and since they don't exist, or we presume that they don't exist, because we presume that we've been following the settlement -- maybe there are no plaintiffs; in other words, why would you need to substitute? I mean, doesn't someone have to come forward? I'm just --I don't know if I'm asking very abstract legal questions, butt mean -- Chair Sarnoff You know what? I'm -- Commissioner Suarez: -- doesn't sound to me like anyone is complaining, so, I mean, is anyone complaining? I mean -- Chair Sarnoff Well, the ACLU (American Civil Liberties Union) is there, trust me. Commissioner Suarez: No, I understand the ACLU, but the ACLU is an independent organization. Chair Sarnoff Correct. Commissioner Suarez: That's the American Civil Liberties Union. They're not homeless. City of Miami Page 119 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Correct. Commissioner Suarez: Okay? They're not sleeping on the streets in the City ofMiami. Chair Sarnoff The attorney for the class representative was there. Commissioner Suarez: Okay, that -- okay. Chair Sarnoff That's Ben Waxman. Commissioner Suarez: Right. I'm just curious. Chair Sarnoff The University ofMiami was there, and you can see the signatures on the back page; you'll see that. And the reason -- I'm not trying to make a case for them, Commissioner. I think they -- I don't want to -- I think they will be able to satisfy the court that there will be a class, and there are still people complaining, and complainants. Commissioner Suarez: But right now, they're negotiating on behalf of the purported class. Chair Sarnoff Correct; that is absolutely correct. And a resolution was reached last night. And the reason I want to put this in context is because it's sort of exquisite timing, because I was putting this on the agenda, because we passed something on August of 2013, and we got to -- I'm going to say October 26 of 2013. I don't know that they're exactly parallel, meaning the MOU (Memorandum of Understanding) given to us by the Homeless Trust and what we passed were exactly synonymous, andl thought the best thing to do for transparency sake was just come forward with this Commission and say, "This is what they're offering, this is what they're saying, I think it still fits the parameter of what we want to do. I could tell you why I think it's a little better than I even thought it would be as a result of this settlement." But I didn't want to take it upon myself or -- I shouldn't say that. I wanted to be transparent with you and let the Administration bring this before us, so we can make a decision, an informed decision today. So for Commissioner Hardemon, we had allocated $240, 000, and what happened is that would have ordinarily bought us 20 beds for an 18-month period. The Homeless Trust matched us with 114 beds of which 67 percent would be City ofMiami residents. Then the big issue was: Should these be Pottinger-eligible beds or emergency shelter beds? Andl won't bore you with the difference, but they -- we certainly were interested in Pottinger-eligible. I will tell you this: As a result of the settlement that went on, we might be better suited just to go forward with the settlement, and let the system, itself work its way out, because there will be ample Pottinger-eligible beds. And when a Pottinger bed is not being used, it can then go to what's called an emergency shelter bed. Andl guess for our purposes, a shelter bed is one that comes with treatment, and everybody prefers treatment, because, obviously, you're not just storing the person; you're trying to treat the symptomatology of whatever they have, whether it's drug addiction, or whether it's PTSD (Post -Traumatic Stress Disorder), or whatever it is that put them on that street. But for transparency, I wanted to bring this out for discussion to you all, to see one more time. I think the agreement is a good agreement. The other good piece of news -- Warren, I think it has a cancellation provision of how many days? Warren Bittner (Deputy Emeritus City Attorney): Sixty days -- well, it's negotiable, but they've agreed to 30 days cancellation for any reason. Chair Sarnoff Right. So if we carefully monitor this and we see the beds are not being used to their best ability, we could certainly cancel it, and we could then reallocate that money to go to whatever the judge determines to be the settlement. But I think in good faith, we should go forward with what we did with the Homeless Trust, and to fulfill the settle -- fulfill the terms and obligations that we set out on August 14, 2013, and not mandate any particular number, because City ofMiami Page 120 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 I think the system itself will sort it out better than we could do. Commissioner Hardemon: And ifI may, Mr. Chairman? Chair Sarnoff Yes. Mr. Hannon: The Pottinger situation is a very real and serious situation that we have to handle within the City ofMiami, and this is my very first time on the dais right now, just receiving this addendum to the settlement agreement, andl have not had -- and to make an informed decision, because I know this is a discussion item, but what I anticipate is that there is some action that is about to be requested to be made, andl mean -- no? Commissioner Suarez: I don't know. Commissioner Hardemon: Well, I don't know. Chair Sarnoff No. Commissioner Hardemon: I assume -- Commissioner Suarez: I would hope not. Commissioner Hardemon: -- with the discussion, and the reason -- let me say this before I even ask -- Commissioner Suarez: Right. Commissioner Hardemon: -- anyone to respond to that. But what I would request is just some time so thatl can read this agreement, andl can also look at some other situations and other documents that the City Manager may have that could assist me with being able to look at this in the right lens, and so I'm not asking for a deferral. I mean, I'm asking for a continuance if it may be on -- for the next date, the next scheduled meeting, so that I can read and understand the issues that we're facing with this item, because I want to be able to make the right decision for a population of people that I represent every single day of my life, so I understand the issues that they're facing on a criminal level; on a drug treatment level; on a system level where they're arrested, and they're released from prison, and they go right back to where they were before, because our system is not created to house homeless people for misdemeanor crimes. So there's a lot of issues that go on there, so I just want a fair opportunity to be able to read it. But we can continue discussing the item, so I learn more as I sit here today. Chair Sarnoff This is the only time we get to do it collectively on the dais. Commissioner Hardemon: Sure, okay. Chair Sarnoff And my point was not to throw a settlement in front of you that I had no idea would happen at 11:30 last night. It's not my intention to do that, but to get a full understanding of where we are right now, you would need to see the settlement. Commissioner Hardemon: Yes. Chair Sarnoff And then we need to see if the judge agrees with the settlement. You know, he -- and then we need to see if this Commission agrees with the settlement. So there are two, as we would say, conditions subsequent that need to happen. Commissioner Suarez: Mr. Chair. City ofMiami Page 121 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff I just want to be transparent, and maybe some of you may have thought, "Well, didn't that 240,000 go to 'X' beds?" Andl think we gave you some comparison drafts to show you how the changing of the wording was. And the City Attorney, to her credit, said, "You know what, Commissioner? IfI were you, I would bring this up to the Commission so they can see this is what they passed on August 14, and this is what the Trust is suggesting would be the agreement they would have." Commissioner Suarez: But Mr. Chair -- Chair Sarnoff Yes. Commissioner Suarez: -- maybe we're kind of talking past each other a little bit -- Chair Sarnoff Sure. Commissioner Suarez: -- I think. I don't know, 'cause I think what Commissioner Hardemon is saying, which I agree with, obviously, is we're not being asked to adopt -- Chair Sarnoff No. Commissioner Suarez: -- the amended settlement right now because we just got it. Chair Sarnoff I want to make you aware of it. Commissioner Suarez: Right. And we're going to want to both review it, read it carefully. I mean the nice thing about it as I looked through it was that there were strikes, and there was underlines, which makes it easier for the lawyers to figure out what you changed, which is nice always, but I think now what you may be talking about is amending the MOU where we had allocated funds to a certain kind of bed as defined in the MOU, and what you're saying now is you want to slightly modift, that. Chair Sarnoff I wasn't actually saying that. I actually -- Commissioner Suarez: All right, then I apologize. Chair Sarnoff What -- no, no, that's all right, because the one thing I've learned is, in this whole process -- and I've been at -- I've been in Pottinger for a month, month and a half, Warren, and it's been like almost an everyday thing. Commissioner Suarez: Poor thing. Chair Sarnoff And the more -- it's almost like the number of police officers. You would think it'd be like there are how many police officers in the City ofMiami, and that would be a number. And you would say to me, "Well, Commissioner, what's a shelter bed and what's an emergency bed?" It's just like that. It's like demystifying what is a bed. And I've come to learn that -- Commissioner Suarez: What's an ALF (Adult Living Facility)? Chair Sarnoff "What's an ALF?" Good point. So what I've come to learn is sometimes, the best thing to do is allocate the money, allow it to go into the system, and let the system play out, especially with the fact that the police officers, once this is all approved, are going to learn how to deal with people in a slightly different way, and see who gets a Pottinger bed, and maybe an emergency bed is the proper bed to have; sometimes, maybe a Pottinger bed is necessary. We certainly need Pottinger beds. Pottinger has not gone away. But you're right, Commissioner, City ofMiami Page 122 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 I'm really overloading you with information to some degree. Commissioner Hardemon: No, no, I like to be overloaded. I think anyone in the City Manager's Office knows I like a lot of papers stacked on my desk -- Chair Sarnoff Okay. Commissioner Hardemon: -- 'cause it gives me the most information as possible. I just assumed -- I know this is a discussion item, but I hadn't had much information about this item, itself, so as I was getting things here, I assumed that we were going for some movement in this item besides it just being a discussion item, and that's where I wanted to kind of draw the line. Chair Sarnoff And it's very -- it's comforting and it's comfortable for me to say to you, I will make sure that Mr. Bittner gives you every MOU, so you can read it from beginning to end to see how -- the interplay between this City Attorney's Office and the Homeless Trust, so you can see the changes. And we have a comparison chart for you so you can see the deltas; what did they want, what they didn't want. You also should keep an eye now -- Do I want to move forward? Because we never had a complete meeting of the minds; that's a fair statement, 'cause even Mr. Bittner was very careful to say, "Commissioner, I don't know that you've ever had an absolute meeting of the minds with the Homeless Trust." So what I'm going to throw is the third wheel, 'cause now we have this, andl want you to bring your experience, your knowledge, and say, `Do I want to move forward with what we decided in August? Does it still fit what may happen January or December of this year?" Because I think it's good to have you up here, and I think it's good to have that conversation. I'm pretty much done. I'm pleased to announce that the ACLU signed off, that the putative class signed off -- not class -- the actual class signed off. I can't say enough good things about the mediator, Angel Cortinas, because I've never -- I'm a mediator, and I've never seen a better mediator in my life. I've never seen a man with more stick-to-it-ness [sic], with more thoroughness, with more acuity, with more flair than Angel Cortinas, andl was so jealous of him the whole time, because he was definitely -- Commissioner Hardemon: That was a paid political advertisement. Chair Sarnoff It was. Commissioner Hardemon: Commissioner Sar -- Chair Sarnoff I don't know ifI could afford him in a day -in, day -out life, but he was -- that's something -- this is something that shouldn't have settled, and it did. And, yeah, I am extolling his virtues, because it was 24 hours of very long negotiations, andl think a great outcome was reached; at least I do, andl think nobody would have signed if they didn't think so. I've said enough. We'll bring this back as a -- END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 VICE CHAIR WIFREDO (WILLY) GORT City ofMiami Page 123 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 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 NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D2.1 was continued to the January 9, 2014, 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 January 9, 2014, 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 January 9, 2014, Regular Commission Meeting. DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDI NANCE. 13-01107 E-Mail - Compliance with Financial Integrity Ord.pdf City of Miami Page 124 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 D3.4 13-01203 D3.5 13-01204 NA.1 13-01428 NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item D3.3 was continued to the January 9, 2014, 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 January 9, 2014, 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 January 9, 2014, Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM CHAIR SARNOFF PROCLAIMED A RESOLUTION SPONSORED BY MAYOR REGALADO HONORING THE REMEMBRANCE OF AN EXTRAORDINARY INDIVIDUAL, "MADIBA" NELSON ROLIHLAHLA MANDELA (1918-2013), WHO PASSED ON DECEMBER 5, 2013 AND EXPRESSED SOLEM REMORSE AND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS AND RECORD FOR POSTERITY; PAID TRIBUTE TO HIS LASTING LEGACY OF RIGHTEOUS SACRIFICE AND VALOR AS HE, BY EXAMPLE, INSPIRED THE City ofMiami Page 125 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 GLOBAL COMMUNITY TO BE OUR TRUEST, HIGHEST AND BEST SELVED. DISCUSSED Chair Sarnoff Anybody that wants to stay on the dais, the Mayor andl have signed a resolution on behalf of Nelson Mandela, so anybody that wants to stay up here, I'm going to read the resolution into the record. If you don't want to, I understand, and it's completely up to you guys. Vice Chair Gort: Read it. Chair Sarnoff Okay. Commissioner Carollo: Read it. Chair Sarnoff So this is a resolution of the City ofMiami. Whereas it is universally salutary human practice to remember the lives of extraordinary individuals who, by example, have inspired us to be our truest, highest and best selves; and whereas one such individual recognized by global acclaim was the late Madiba Nelson Rolihlahla Mandela, who was born into heredity [sic] nobility, but chose to serve all the people of his country in the cause of establishing a just, equitable, and harmonious society, free of racial divisions and oppression; and whereas Nelson Mandela put his resolve into action by gaining a law degree and opening the first black -owned law firm in the nation, inspiring many with his success and vigorously representing victims of injustice; and whereas in the face of horrific violence of the Sharpeville massacre, Mr. Mandela courageously embraced the dangerous course of anti Apartheid activism, which led to his imprisonment on notorious Robben Island by racist South African regime gruesomely continuing the torture, murder and dehumanization of its black population; and whereas in that extremely restricted environment, without promise of ever being released, Mr. Mandela spent 27 grueling years, but remained closely attached to his family, and steadfastly supported by his wife, Winnie, by many brave South Africans in exile and by millions of global allies, became the global icon as both prophet and servant of the black majority's liberation struggle; and whereas, the force of Mr. Mandela's inspiring presence and the principle of history ultimately triumphed in his release from black [sic] prison, secured by popular and global demand, after which he was elected the nation's first black President; and whereas in that role, Mr. Mandela rose to become a shining exemplar of the best in selfless public service, principled statesmanship, sage diplomacy, and extraordinary moral leadership in the reconciliation and healing of his nation 's festering wounds as he understood the subtle grace, humor and wisdom, the successful stewardship of a widely divided nation through a peaceful transition to democracy; and whereas Mr. Mandela's death at the age of 95 ends his shining earthly presence and inspiring us to reflect on the past, shaped by our time, by his valor, this transition being even more of a challenge to us to continue the vital work of true social jusfice and equality to which he dedicated his life; now therefore, be it resolved that the authorities of the City ofMiami, in the State of Florida, on behalf of our citizens, upon the sad occasion of the passing ofMandiba Nelson Rolihlahla Mandela on December 5, 2013, express our solemn remorse and deepest sympathy to his family and his friends, and record for posterity this tribute to his lasting legacy of righteous sacrifice and valor, by example, inspired by the global community to be the truest, highest and best selves, in honorable remembrance, Nelson Rolihlahla Mandela, 1918 to 2013. And this is affixed by the City ofMiami Commission and the Mayor of the City ofMiami. Thank you. Applause. Chair Sarnoff Thank you all for listening. Victoria Mendez (City Attorney): Commissioners, quickly, I believe that we have a executive session, or is that taken into account with your break period? Chair Sarnoff How long do you anticipate the executive session to take? City ofMiami Page 126 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Vice Chair Gort: Five minutes. Johnny Martinez (City Manager): We have it scheduled from 1: 30 to 2. Chair Sarnoff Let's -- I think we're okay at 3 o'clock. Ms. Mendez: Okay, perfect. Thank you. NA.2 DISCUSSION ITEM 13-01432 AN ATTORNEY -CLIENT SESSION WAS REQUESTED AND SCHEDULED FOR JANUARY 9, 2013, AT 2:00 PM OR THEREAFTER, AT MIAMI CITY HALL, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION CASE OF: MICHAEL POTTINGER, ET AL. VS. CITY OF MIAMI, CASE NO. 88-2406-CIV-MORENO, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. DISCUSSED Warren Bittner (Deputy Emeritus City Attorney): Mr. Chairman, let me clam. Chair Sarnoff Go ahead. Mr. Bittner: As a housekeeping matter to -- for the City Commission to consider the Pottinger settlement agreement, you need an executive session, so the City Attorney is requesting an executive session in the case ofMichael Pottinger, Peter Carter and Berry Young versus the City ofMiami, United States District Court, Southern District of Florida, Case Number 88-2406-CIV (Moreno) at the next City Commission meeting. Vice Chair Gort: I think it would be good. Chair Sarnoff Could we then bring this back after the frank discussions we can have up there to determine whether -- how we wish to move forward with this agreement? Mr. Bittner: The MOU (Memorandum of Understanding)? Chair Sarnoff Yes. Mr. Bittner: Of course. Chair Sarnoff Okay, all right. ToddB. Hannon (City Clerk): Excuse me, Chair. Chair Sarnoff Yeah. Mr. Hannon: For the executive session, this is going to be for January 9, and is there a particular time here at Miami City Hall? Mr. Bittner: At Miami City Hall. Victoria Mendez (City Attorney): Two p.m. City ofMiami Page 127 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 ADJOURNMENT Mr. Bittner: At 2 p.m., and this private meeting will begin at approximately 2 p.m., or as soon thereafter as the Commissioners' schedules permit and conclude approximately one hour later. Okay, the session will be attended by the members of the City Commission, Chairman Marc Sarnoff, Frank Carollo, Wilfredo [sic] Gort; Francis Suarez and Keon Hardemon; the City Manager, Johnny Martinez; the City Attorney, Victoria Mendez; Deputy Emeritus, Warren Bittner. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the ongoing litigation. At the conclusion of the City -- of the attorney -client session, the regular City Commission meeting will be reopened, and the person chairing the City Commission will announce the termination of the attorney -client session. Chair Sarnoff Thank you. The meeting adjourned at 6: 40 p.m. City ofMiami Page 128 Printed on 1/15/2014