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HomeMy WebLinkAboutCC 2014-01-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, January 9, 2014 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Johnny Martinez, P.E., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 9, 2014 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 ES - EXECUTIVE SESSION BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 9th day of January 2014, 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 Gort at 9: 02 a.m., recessed at 12: 20 p.m., reconvened at 5:16p.m. and adjourned at 6: 01p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9:12 a.m. and Commissioner Carollo entered the Commission chambers at 9: 20 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Johnny Martinez, P.E., City Manager ToddB. Hannon, City Clerk Chair Gort: Good morning, and welcome to the January 9, 2014 meeting of the City ofMiami City Commission in these historic chambers. The members of the City Commission are: Commissioner Marc Sarnoff, Commissioner -- to be here -- Frank Carollo; Francis Suarez; and Vice Chair, Keon Hardemon; and me, W fredo Gort, Chairperson. Also in the dais, you have -- will be here -- Manager Johnny Martinez, City Manager; Victoria Mendez, City Attorney; and Todd Hodd [sic], City Clerk. At this time, we will have the prayer by Commissioner Hardemon -- I mean Vice Chairman Hardemon, and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-01463 PRESENTATION Honoree William D. Talbert, III Pres. & CEO GMCVB Presenter Mayor Regalado Juan Pascual Mayor Director, Parks Regalado and Recreation Bayfront Park Management Frank Carollo Trust Protocol Item Proclamation Miami Global Citizen Retirement Certificate Commissioner Special Presentation 13-01463 Protocol Item.pdf City ofMiami Page 3 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 PRESENTED 1) Mayor Regalado presented a Proclamation to William D. Talbert, III, President and CEO of the Greater Miami Convention and Visitors Bureau (GMCVB), as Miami's Global Citizen of the Year. 2) Mayor Regalado presented a Retirement Salute to Juan Pascual, Director of Parks and Recreation, in honor of his 27 years of service as an outstanding committed career employee throughout the City ofMiami's various departments (GSA, NET and Parks and Recreation). 3) Commissioner Carollo, as Chair of the Bayfront Park Management Trust, presented a check in the amount of $542, 000 to the City ofMiami that will be used to assist elderly residents. Chair Gort: At this time, we're going to have a special presentation. Mr. Mayor, you're recognized. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff Chair Gort: Are there any minutes to be approved? Todd B. Hannon (City Clerk): Yes, sir. I have the Regular meeting minutes and the Planning & Zoning meeting minutes for November 21, 2013. Commissioner Suarez: So moved. Chair Gort: We have a motion. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Suarez and second by Commissioner Carollo. Any discussion? Hearing none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. END OF APPROVING MINUTES MAYORAL VETOES NO MAYORAL VETOES Chair Gort: Do we have any vetoes from the Mayor's meeting? ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. ORDER OF THE DAY City ofMiami Page 4 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: At this time, I would like the Attorney to go over the procedures. Victoria Mendez (City Attorney): We will now begin the regular meeting. 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, subject to Chairman approval. If the proposition is being continued or rescheduled, the opportunity to be heard may be set 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 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 being either withdrawn, deferred, or substituted. Thank you. Chair Gort: Thank you, ma'am. Later... Chair Gort: Mr. Manager, any items to be pulled? Johnny Martinez (City Manager): Mr. Chair, the Administration does not have any items to continue or defer. Chair Gort: Okay. Does any of the Commissioners have any items they'd like to defer or pull? City ofMiami Page 5 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 CONSENT AGENDA CA.1 RESOLUTION 13-01395 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TWENTY-FIVE (25) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. 13-01395 Summary Form.pdf 13-01395 Legislation.pdf 13-01395 ExhibitA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0001 CA.2 RESOLUTION 13-01396 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Program GRANT OF EASEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR THE FIRE STATION NO. 13 PROJECT, B-60453A, 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. 13-01396 Summary Form.pdf 13-01396 Legislation.pdf 13-01396 ExhibitA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0002 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff City ofMiami Page 6 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 CA.3 13-01397 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED OCTOBER 7, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-064, FROM MAGGOLC INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NW 18TH PLACE ROAD IMPROVEMENTS PROJECT, B-40314, IN THE AMOUNT OF $352,348.79, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $35,234.88, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $387,583.67; ALLOCATING FUNDS IN THE AMOUNT OF $387,583.67, FROM CAPITAL IMPROVEMENT PROJECT NO. B-40314; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-01397 Summary Form.pdf 13-01397 Memo - Recommendation ofAward.pdf 13-01397 Bid Security List.pdf 13-01397 Legislation.pdf 13-01397 Exhibit .pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez R-14-0003 Chair Gort: CA.3. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: With CA.3, this is an allocation for a capital improvement project in District 3. Listen, I want the project to go forward. I just -- again, you've seen in my discussion items the process of CIP (Capital Improvements Program) for quite some time, and there's a reason for that. Number one, obviously, I'm still not happy with the way the process is going, even though it has improved quite a bit. Number two, we've had some late meetings, so we just defer it. And number three, our City Manager has not been here, which was an integral part in fixing some of the issues thatl had. When I saw this item -- and, yes, I obviously want this project to move forward -- unfortunately, there's still a lot of things that I have request financially thatl have not received. I spoke to our CFO (Chief Financial Officer); I believe it was either yesterday or the day before. He thought that we had the information or he wasn't sure, but the bottom line is that I'm still not pleased that our office still doesn't have all the balances of all the different pots or buckets, as you call them, with regards to available monies and balances. So I want to make sure that even though, yes, I'm going to make the motion to move this item, it's not that I think everything is running smoothly and so forth. I think we still need a lot of work. I still think there's a lot of information thatl had requested thatl have not seen. For instance, I haven't seen an update with regards to projects and where they're at and so forth in quite a few months. So again, I know the Manager's been out and he was spearheading along with you, Mr. Spanioli, so hopefully, we could get back on track, okay? And with that, I make a motion to move this item. City ofMiami Page 7 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Moved by Commissioner Carollo. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF CONSENT AGENDA Chair Gort: If not, okay, we're going to the consent agenda. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'd like to pull CA.3. Chair Gort: CA.3? Commissioner Carollo: Yes. Chair Gort: To -- indefinite or -- Commissioner Carollo: No, just pull it so we could approve the rest of the consent agenda, and then we can discuss -- quick discussion on CA.3. Chair Gort: Okay. Do I have a motion for the rest of the --? Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez; any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 8 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 9:00 A.M. PH.1 13-01411 Department of Community and Economic Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT RESERVE ACCOUNT FUNDS, IN THE AMOUNT OF $20,000.00; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI FIRE -RESCUE DEPARTMENT FOR ADDITIONAL FIRE FIGHTING AND LIFE-SAVING EQUIPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01411 Summary Form.pdf 13-01411 Pre-Legislation.pdf 13-01411 Legislation.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez R-14-0004 Chair Gort: PH.1. Go ahead. George Mensah (Director, Community Development): PH.1 is tran -- the -- asking the City Commission to transfer an additional amount of $20, 000 and allocating it to the Fire Rescue Department so that they can be able to complete the purchase of fire fighting -- fire- and life-saving equipment. Chair Gort: Any discussion? Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Commissioner Hardemon -- I mean Vice Chairman; any further discussion? Commissioner Carollo: A public meeting. Chair Gort: A public hearing, I'm sorry, yes. It's a public meeting. Anyone in the public would like to address this item? Showing none, any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION City ofMiami Page 9 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01398 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "POINCIANA PLAT", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-01398 Summary Form.pdf 13-01398 Notice to the Public.pdf 13-01398 Report of Proposed Record Plat.pdf 13-01398 Legislation.pdf 13-01398Attachment 1.pdf 13-01398 ExhibitA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0005 Chair Gort: PH.2. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.2 is a resolution of the Miami City Commission to accept the final plat of Poinciana Plat from 3090 Day, LLC (Limited Liability Corporation), and to authorize the City Manager to execute the related documents for its recordation. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Carollo; any further discussion? The public hearing is open. Is anyone in the public would like to address this issue? None shown, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 13-01401 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "TABITHA SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1 ", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS City ofMiami Page 10 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13-01401 Summary Form.pdf 13-01401 Notice to the Public.pdf 13-01401 Report of Proposed Record Plat.pdf 13-01401 Legislation.pdf 13-01401 Attachment 1.pdf 13-01401 ExhibitA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez PH.4 13-01402 Department of Capital Improvements Program R-14-0006 Chair Gort: PH.3. Nzeribe Ihekwaba (Director, Public Works): Zerry Ihekwaba. PH.3 is a resolution ofMiami City Commission to accept the final plats of Tabitha Subdivision from Ponce and Bird Miami Development, LLC (Limited Liability Corporation), and to authorize the City Manager to execute the related documents for its recordation. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Carollo. Is there anyone in the public would like to address PH.3? Showing none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: PH.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER AN ADVERTISED PUBLIC HEARING, IN SUPPORT OF TRAFFIC FLOW MODIFICATIONS AT SECOFFEE STREET BETWEEN NATOMA STREET AND SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA, WHICH INCLUDES THE INSTALLATION OF THREE (3) SPEED HUMPS, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF CAPITAL IMPROVEMENTS PROGRAM TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PUBLIC WORKS AND WASTE MANAGEMENT DEPARTMENT TO CONSIDER APPROVAL OF THE PROPOSED TRAFFIC FLOW MODIFICATIONS. City ofMiami Page 11 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01402 Summary Form.pdf 13-01402 Notice to the Public.pdf 13-01402 Agreement - Miami -Dade County.pdf 13-01402 Legislation.pdf 13-01402-Exhibit A -SUB. pdf 13-01402-Submittal-CIP-Speed Humps Plan -Neighborhood Input.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Suarez, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Carollo R-1 4-0007 Chair Gort: PH.3. PH. 4. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. Give me a second. I'm going to pass out an exhibit. Good morning, Commissioners. This is a public hearing item for the installation of three speed humps on Secoffee Street between Southwest 22ndAvenue and Natoma Street in the North Grove, located in District 2. I provided a color exhibit, Exhibit 'A," which is also in your package, as well as another exhibit depicting the ballots that were received for this project. The request to install speed humps on this street came from citizens, the concerned citizens that live on Secoffee Street, because of numerous cut -through traffic during certain rush-hour periods of the day. Based on these citizens' concerns, the City ofMiami made a request to Miami -Dade County Public Works for the review of the installation of speed humps on this street. The County did grant us technical approval for the installation of speed humps on Secoffee Street. We then went ahead and went through a ballot process where we sent out ballots to the neighboring property owners. We did receive more than a two-thirds vote for the installation of speed humps, but we did not receive 100 percent concurrence from the adjacent property owners that live directly in front of the proposed locations of those speed humps. With that, we are allowed to come to a public hearing for review and discussion of the item. Commissioner Suarez: Mr. Chair. Commissioner Sarnoff. Mr. Chair. Chair Gort: Okay, thank you. Yes, sir, you're recognized. Commissioner Sarnoff. I brought this to the public discussion. As Commissioner Suarez knows, municipalities are trying to gain control of their streets, and surprisingly, I was possessed with a resolution by the South Miami Commission, which gave them complete local control. Commissioner Suarez: That was modeled after our resolution. Commissioner Sarnoff. Right. I -- actually went further than ours though. Commissioner Suarez: Yeah. Commissioner Sarnoff. Because they don't even have to go in front of the County any longer for control of their streets, and I've asked the City Attorney to do everything we can do now to make our resolution in pari materia exactly with the South Miami one, 'cause I think it went further than ours. Local control of streets is an imperative. And why is that? Because the County's job, as is FDOT's (Florida Department of Transportation) job, as the Chair knows, is to move traffic from north to south or east to west. Our job as Commissioners is to make sure our neighborhoods are safe. Secoffee, andl suspect a lot of you may know it -- I know City ofMiami Page 12 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Suarez does -- probably one of the most beautiful streets in Coconut Grove, but it is a cut -through street, and it is very difficult, if not nearly impossible in the City ofMiami, to get 100 percent concurrence with any issue. Whether it was -- I think it was former Manager Joe Ariola said, "If there was an election and God was running, he still wouldn't get 20 percent of the vote." So nobody gets unanimity. We brought this to you here for a public hearing, and you can see the number of people that are opposing this, and it's a very small number. It's about three or four people, and they did not bother to show up at the public hearing. These are not speed bumps, but speed tables. This will rise -- will allow the car to rise up for a period of time and then come down, and that will slow the speed of traffic. Secoffee happens to be a street that is possessed with a great number of younger children. As a matter of fact, if you were to go to that street, you would see there's a private citizens directing those little children signs up and down the street. It's a cut -through street. I think -- I'm bringing this to this Commission. We don't ordinarily do this. This is out of the ordinary, absolutely, but as the District Commissioner of a very important street, I think it's imperative that we take the side of safety, and we take the side of slowing down traffic, and that we provide to our citizens the opportunities to live on streets, and being a former Brooklyn kid, that is where you play, out in front of the street. Andl suspect in Miami, it's very much the same. Chair Gort: It's the same. Commissioner Suarez: It should be. Commissioner Sarnoff.. So I will make the motion, Mr. Chair. Commissioner Suarez: Second for discussion. Chair Gort: There's a motion by Commissioner Sarnoff, second by Commissioner Suarez; public hearing. Is anyone in the public would like to address this issue, PZ.4 [sic4? Anyone in the public. Showing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: I just wanted to say very briefly, I have a Secoffee Street of my own in my district, and our good president of our General Employees Union happens to live on that street, and it's the first street on 17th Avenue when going north when you cross US 1, and it is an incredibly dangerous street. What happens a lot of times is the streets that are closest to the major thoroughfares are the ones that are used as the cut -through, and this one clearly is right next to US 1. So is the one on 17th Avenue. And I've been battling for -- ever since I've been here to try to get the same exact thing. In fact, probably three -- two or three would be good for that street. Certainly, you have to hit 'em right as they turn into the street so that they understand that there's a physical barrier that is engineered to condition people to understand that you are now entering a neighborhood, and therefore, you have to slow down; physically, you have to slow down. It's not just a matter of a speed limit where we want you to reduce your speed, because, as we all know, people are trying to save that, you know, fraction of a second to get from, you know, one avenue to another, and they're obviously not thinking rationally, because they don't realize that, you know, they could run over someone's child or dog, an elderly person, et cetera. You know, one of the things that looked at and I've put around some of the neighborhoods is -- and we may want to get -- and I'll ask the City Attorney to see if we can get permission from the County to post these signs. There's these red signs underneath -- you can put them underneath stop signs -- that say, "Drive as if your children lived here." It's a big, bright red sign. I don't know if you've seen it; they're in some areas in the City. We actually City ofMiami Page 13 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 bought some. We're not supposed to put them on the things, and so we don't put them on there. We give them to the people, and we say, `Listen, do whatever you got to do," but we don't actually put them. They happen to find their way on there, but it would be good if we could get some sanctioning from the County to allow us to use their poles to put those signs. They just simply say, you know, "Drive as if your children lived here." And I think it's like a very stark reminder of you know, the responsibility that we have when we're driving a car. Chair Gort: I believe we have the needs and all our neighborhood have the same problem. Victoria Mendez (City Attorney): Is that a direct --? Chair Gort: I been meeting with CIP (Capital Improvements Program) for the last two years with the different directors, and we have requested quite a few of them. Unfortunately, we going through a lot of problem getting the County to approve it. So I'm glad -- and I asked also to remove that restriction that they set up in the agreement, so -- and I'm glad we get that off and we get going. Does any -- anyone else in the public? Showing none -- well, okay. Anthony Hatten: Anthony Hatten, union president, Local 1907. Yeah, I'd appreciate if we could do the South Miami one that Sarnoff was talking about, if we could implicate that into the City so we could slow down the traffic, because down my street, it's like Indianapolis Speedway between 4 and 6 o'clock. So if we could, you know, maybe mimic South Miami's ordinance. Chair Gort: We'll push it. Mr. Hatten: Okay, thank you. Chair Gort: Anyone else on the public? Showing none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair, ifI may, just real brief on that. Chair Gort: Okay. Commissioner Suarez: There's probably not too many items on this agenda that want to talk about, and this is one of them, butt just want to say that I'm so dramatic when it comes to this issue that don't think it should only be the streets that are next to major thoroughfares. I think it should be every residential street where -- that abuts what call an arterial, what define as an arterial. Like 22ndAvenue, for example, goes all the way from Coconut Grove all the way to District 5. I think it goes all the way through. Chair Gort: Okay. Commissioner Suarez: So, you know, when you're on 22ndAvenue, you're obviously going at a certain speed, but when you turn right or left, you're going into a neighborhood, andl think at that point, it's imperative on us to engineer. And it's very inexpensive, by the way. Of all the traffic control devices in our bucket, that's the least expensive one. So to engineer a solution where people are confronted with a physical impediment to driving in an unreasonable speedl think is something that we should have as a goal for our city, a long-term goal. Commissioner Sarnoff. Could l just say something? I know it's not a long agenda -- Chair Gort: You're recognized for the record. Commissioner Sarnoff. -- so that's why I wouldn't -- City ofMiami Page 14 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Okay. Commissioner Sarnoff. -- ordinarily do this. So you'll hear me talk about this later in the Commission on response time for police. But Sunday night this year -- of this -- past Sunday night, there's a traffic circle at Virginia and Shipping, and that traffic circle has now taken out its fifth drunk driver. Interestingly enough, convergence of probably the holidays and whatnot, a gentleman was driving and he just avoided hitting a baby carriage. Now, he didn't avoid hitting the baby carriage. The baby carriage itself with the mother avoided the driver. He goes careening through the traffic circle, ends up hitting a free; an amazing amount of damage that he was able to run away -- inevitably away from this. And these traffic control devices -- and if you all remember, about four years ago, on that very same street, just across the street, Bird Avenue, so between the US I and Bird Avenue side, a jogger was hit with a drunk driver, on the sidewalk and was in a coma for three months -- and most people don't know this -- and inevitably died, and that traffic circle unfortunately didn't take that drunk driver out. But these control devices, in and of themselves, are really lifesavers, because what they're doing is they're creating the obstacle for these folks to be speeding, and you're taking control of the situation right then and there versus -- you know, losing a tree is a whole lot different than losing a child. And, you know, the tree could be replaced readily, but the child cannot be. Andl know this sounds profound and overstated, but that traffic circle has taken out five drunk drivers. Andl think Public Works is frustrated with me, because, you know, "Another tree, Commissioner?" Yes, another tree, and that's okay, because as long as the tree -- you know, the trees will come and the trees will go, but five -- at least five people have had the opportunity to probably walk around, whereas, you know, they're not always going to work, but at least it's one of those tools in your bag that helps take control of your roadways. Thank you, Mr. Chair. Chair Gort: No problem. Let me tell you, I personally believe in it, but the circles, I really don't care much for, because of the expense of it. I'd rather use that money to improve the sidewalk and the streets. I'd rather use the bumps which have worked very good. I've seen them work in Miami Beach. I've seen them work in other places, and it really works. Thank you. PH.5 RESOLUTION 13-01410 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI TO WAIVE THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; APPROVING ADDITIONAL ENVIRONMENTALASSESSMENTAND CLEAN-UP SERVICES, NOT ORIGINALLY CONTEMPLATED IN THE SCOPE OF WORK, IN ORDER TO COMPLETE THE REMEDIATION OF THE PROPERTY LOCATED AT 1199 NORTHWEST 62 STREET, MIAMI, FLORIDA ("PROJECT"); RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH CHEROKEE ENTERPRISES, INC., ATTACHED AND INCORPORATED, FOR SAID PURPOSE IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY ALLOCATED FOR THE ONGOING PROJECT, PURSUANT TO RESOLUTION NO. 13-0001, ADOPTED JANUARY 10, 2013. City ofMiami Page 15 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01410 Summary Form.pdf 13-01410 Notice to the Public.pdf 13-01410 Memo -Auth. Agrmt. Cherokee Enterprises.pdf 3-01410 Pre-Legislation.pdf 13-01410 Code Sec. 18-85.pdf 13-01410 Legislation.pdf 13-01410 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-1 4-0008 Chair Gort: Okay, PH.5. Lillian Blondet: Good morning. Lillian Blondet, director of Office of Grants Administration. This resolution is to continue the cleanup of 1199 Northwest 62nd Street. The cleanup is being done, you've seen -- or under the Florida Department of Environmental Protection guidelines. They are matching the funds at 65 percent. The contractor was competitively procured, but a year after the cleanup was done and the monitoring as required by the program was done, additional work was requested by the State, so we want to continue the cleanup with the same contractor who is familiar with the program and with the cleanup. And this resolution -- this is a resolution of the Miami City Commission, with attachments, by a four fifths affirmative vote, after an advertised public hearing, raging, approving and confirming the City Manager's findings; pursuant to Section 18-85(A) of the Code of the City ofMiami, Florida, as amended, that it is in the best interest of the City ofMiami to waive the requirements for competitive sealed bidding procedures; approving additional environmental assessment and cleanup services, not originally contemplated in the scope of work, in order to complete the remediation of the property located at 1199 Northwest 62nd Street, Miami, Florida; raging, approving and confirming the City Manager's execution of a professional services agreement with Cherokee Enterprises, Inc., attached and incorporated, for said purposes in connection with Community Development Block Grant funds previously allocated for the ongoing project, pursuant to Resolution Number 13-001 [sic], adopted January 10, 2013. Chair Gort: Thank you. It's been moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Public hearing; is anyone in the public would like to address this issue? Showing none, any discussion from the Commissioners? Vice Chair Hardemon: This is something, Commissioners, that means a lot to the City ofMiami, as well as my district. As we know, we're having lots of problems as it pertains to soil contamination, and so we want to send the message very clearly that the City ofMiami is serious about controlling these issues and eradicating all soils of these different contaminants. And what this resolution actually does is shows you that not only will we address it the first time, but we're going to come back and we're going to make sure that we -- to give the resources that are available that we have to make sure that we eradicate that soil of these different types of contaminants, so that people know that this is not just song and dance, especially when it comes to our parks and our neighborhoods, but we really mean business about making our community safe, clean, and that's something thatl truly believe in. And because this is in the center -- it's really in the heart of District 5, 62nd Street, just near 12th Avenue -- this is a place where, you know, we want to have lots of different development. We want to have that property developed so that we can have something in the community that people can actually utilize, but the first step is City ofMiami Page 16 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 making sure that the soil is safe. So I urge all of you to also agree with me in approving this measure. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Thank you. PH.6 RESOLUTION 13-01236 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF THE VIDEOVERSIGHT INTERVIEW ROOM RECORDING AND CASE MANAGEMENT SYSTEM FROM ITS SOLE DEVELOPER, OWNER, DISTRIBUTER, AND PROVIDER, MICROCEPTION, INC., FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS IN THE AMOUNT OF $86,650.00 FROM THE JUSTICE ASSISTANCE GRANT PROGRAM YEAR 2011, PROJECT NO. 19-190005, AWARD 1813, ACCOUNT CODE NO. 12000.191602.664000 AND FUNDS IN THE AMOUNT OF $3,188.00 FROM THE DEPARTMENT OF POLICE GENERAL FUND, ACCOUNT CODE NO. 00001.191501.664000, FOR A TOTAL AMOUNT NOT TO EXCEED $89,838.00, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ANY NECESSARY AMENDMENTS, EXTENSIONS, MODIFICATIONS, AND AGREEMENTS FOR MAINTENANCE AND SOFTWARE UPGRADES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 13-01236 Summary Form.pdf 13-01236 Notice to the Public.pdf 13-01236 Memo -Sole Source Finding.pdf 13-01236 Memo - Request for Sole Source Finding.pdf 13-01236 Legislation.pdf 13-01236 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0009 Chair Gort: PH.6. Manuel Orosa: Good morning, Commissioners. Manny Orosa, Chief of Police. PH.6 is an item that we're trying to purchase so that we can install it in all our interview rooms. It is a proprietary item with software that's attached in a camera system. The State Attorney's Office, FDT,F (Florida Department of Law Enforcement), and Miami -Dade Police Department has gone City ofMiami Page 17 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 PH.7 13-01437 to it. The thing about this is that any one of those agencies or any agency that has this system can tap in as we do the interviews live. We can share information, we can have information. It leaves a trail as to who has access to the system and what they saw. You can compartmentalize everything, and it's still -- we can still provide the information via a disc or via a USB (Universal Serial Bus) port of the actual interview to whatever agency that does not have the equipment. But this is the thing of the future. A lot of agencies are going to go to it because they can share information quickly and live. Commissioner Suarez: Move it. Chair Gort: Thankyou. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Carollo. It's a public hearing. Anyone from the public would like to address this item? Mariano Cruz: (UNINTELLIGIBLE). Chair Gort: Mr. Mariano Cruz, you're recognized. Where's Pascual? Mr. Cruz: No, I missed some of the hearings, but I am here now. Chair Gort: It's okay. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida, 33142-7639. Make sure you get nine -digit ZIP (Zone Improvement Plan) Code. Make sure you correspond again, because I am a City postal employee. I am not retired. I get all WCP (Workers' Compensation Program), which is better than retirement. No, but I agree, all of technology is good, very good, because I know when you get those -- everything, you know -- I know because my daughter works for the Police Department, and anything that benefit my daughter and my grandchildren is good, okay. So I'm not (UNINTELLIGIBLE) -- whatever it is. I have to say one thing. I was going to use two minutes and two minutes and two minutes because I was going to make a story of myself here, but how come you are not there? Commissioner Sarnoff. I was demoted. Chair Gort: Changes every year. Mr. Cruz: Okay, good. Anyway, anyway, we get along; we get along fine, my Commissioner. But, you know, today, I came here, too, because there is an appointment for the Civil Service Board. I'd like to be back in the Civil Service Board. Thank you. Thank you very much. Thank you. Chair Gort: Thankyou, Mr. Cruz. Anyone else? Okay, being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS Commissioner Marc (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, DavidSarnoff RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION City ofMiami Page 18 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF HOMELESS SHELTER SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY AND CAMILLUS HOUSE TO PROVIDE, SUBJECT TO THE AVAILABILITY OF FUNDS, UP TO, BUT NOT TO EXCEED, ONE HUNDRED (100) MATS IN THE CAMILLUS PAVILION FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES, SUCH AS MEALS, SHOWERS, RESTROOMS, CLOTHING EXCHANGE, ETC., FORA PERIOD OF ONE (1) YEAR, SUBJECT TO SAID MATS BEING EXCLUSIVELY DESIGNATED FOR CITY'S HOMELESS; RE -ALLOCATING FUNDS IN THE AMOUNT OF $240,297.75 FROM THE PROJECTED FISCAL YEAR 2012-2013 BUDGET SURPLUS; RESCINDING RESOLUTION NO. 13-0299, ADOPTED JULY 13, 2013, IN ITS ENTIRETY. 13-01437 Notice to the Public.pdf 13-01437 Memo - Purchase of Shelter Mats.pdf 13-01437 Pre-Legislation.pdf 13-01437 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-1 4-0023 Chair Gort: What other items do we have? Commissioner Carollo: PH.7. Chair Gort: PH.7. Commissioner Sarnoff. All right. Mr. Chair, may I be recognized? Chair Gort: Yes, you may. Commissioner Sarnoff. So, if you all will remember, we had a discussion regarding giving $240, 000 of general fund money concerning beds. And if you all will remember -- and if you want to see the notes, what put into that discussion was that the beds must be Pottinger-eligible, andl gave the definition of `Pottinger-eligible" at that time, andl think you all have learned what `Pottinger-eligible" means now. At the last Commission meeting, if you all will remember -- and if you want, I can give you copies again -- I gave you all copies of the differences of all the MOUs (Memorandums of Understanding) that we had with regard to the Homeless Trust. We never had what lawyers call colloquially, "a meeting of the minds." So what I'm suggesting now is that we give these dollars, which will have the most maximum input -- maximum value, which is about $19.17 a mat -- and you all have seen what a mat looks like -- to the Camillus House. Camillus House -- and Dr. Ahr, I think, is here and some others are here as well -- is a great -- that program that they had for about five years, from about 2005 to about 2009, was the Courtyard Program, andl think we all know that. Andl think we would get the most maximum use of our $240,000. With that, we also have a contribution of $10, 000 from the DDA (Downtown Development Authority) and a contribution of $10, 000 from the Omni/CRA, which would bring us up to $260, 000. And then we may have a strategy to get even further and more beds if we can get some more contributions from the various other CRAs as well to get at City ofMiami Page 19 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 least 100 people off the street, and that's the intended strategy behind this. So Mr. Chair, I would make a motion for PH.7. Commissioner Suarez: Second. Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Second. Chair Gort: Now, my understanding is this is up to negotiation with the administrations and the Camillus House. I want a friendly amendment that that negotiation and that agreement has to come back to the Commission and I want to be a part of that. Commissioner Sarnoff. Maker accepts. Commissioner Suarez: Seconder accepts. Chair Gort: Okay. I understand, before we do anything else, we have a couple of people who want to speak to the public. Dr. Ahr. Paul Ahr: Thank you, Mr. Chairman. Paul Ahr, president of Camillus House, operating at 1603 Northwest 7th avenue. I'd like to reinforce what the Commissioner had to say. As you all know, we did operate a -- really, what would be classically considered as a drop -in night center which we started, began in January 7of 2007, and we stopped admissions at the end of 2011; served over a 1,000 people during that period of time. I would say that what started as a drop -in center, 80 percent of the folks stayed all day long, andl think this was -- proved to be a good solution to -- especially to the problem of street homelessness in downtown. Of those folks, not only did they have access to a safe and secure place to sleep, three meals a day, access to our clothing room, showers, bathrooms, case management, medical care, and socialization activities. So, if you're -- when you take a look at the price, I think it's a heck of a value for all those particular services. Many of those folks went on to request a bed and moved into our overnight shelter beds and others stayed in the system. Last count that we did, over two-thirds of these folks went on to a more structured environment, and two-thirds of the men and three-quarters of the women went on to a more structured environment. I'd like to ask Keith Cooper, ifI could, to come up here, who is a man who started out in the Camillus House on the mats, and he, I think, can give a good testimonial of what that experience is like. Chair Gort: Well, he's next sign up, so Keith Cooper. Keith Cooper: Thank you. Good afternoon, Mr. Chairman. My name is Keith Cooper. I once was homeless from drug addiction and substance abuse. I went through the Camillus House through Mr. FredMims. Also, when I went through there, I went through they [sic] mat program, which was in they [sic] courtyard. After that, I went through they [sic] Three -Quarter Ways in housing, which was Beckman Hall. Right now I can honestly say right now today, I have my own place. My address now is 4700 Northwest 32ndAvenue, Miami, Florida, Apartment 65, thanks to the Camillus House. I'm now living in a nice, structured clean environment. I also go back to Camillus House five days a weeks [sic] and give back, because they got a shower program, they get a clothing program, and get three meals a day. So most of my time now is spunt [sic] at Camillus House five days a week, Monday through Friday. I work up under Mr. FredMims, the director, which he supervises me, helping people get off the street and showering. Mr. Guy -- I see Darby back there, he -- me and him runs the shower program together. So, in general, I'm happy to say thatl owe my life to Camillus House. I'm smiling 'cause I'm happy. I really am. Thankyou. Chair Gort: Thankyou. Jay Solowsky. City ofMiami Page 20 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Jay Solowsky: Hi. My name is Jay Solowsky. I live at 2127 Brickell Avenue, and I am here on behalf of the Downtown Development Authority where I'm pro bono counsel who's involved in these negotiations. I believe that these -- this mat program will assist a large group of homeless individuals to get involved in the continuum of care. Many of them do not want to be under a roof initially and this will assist them. It is also a safe and secure environment. In fact, Mr. Cooper came out of the Overtown area where he was concerned about people throwing bricks, shooting pellet guns at homeless people, and here he is in a safe and secure environment, during which he was able to be nurtured into the continuum of care, which he successfully completed and is now giving back. I think it is a wonderful thing. I think that we get a lot of bang for our buck with this program, andl think it's something very important for us to go forward with. And I would be prepared to assist involving the negotiations with Camillus House and work with you, Commissioner, in making sure that whatever contract is agreed to is acceptable to everyone. Thank you. Chair Gort: Thank you. Jose Maldonado, Jose Maldonado. Very difficult to -- 350 Northwest 104. Commissioner Suarez: Renita. Chair Gort: Renita. Renita Holmes: That would be Madam Renita Biggy Momma" Holmes. PH.7, the hundred mats. AllI can do is say ditto. I think this -- the Camillus House is a wonderful organization and, basically, it is an uplift. It's proof of moving people from the pavement to the podium. I don't know where it deals with the issue of how we treat one another or the reasoning, but listening to this kind gentleman before me talk about people not wanting to be under the roof, there's an assumption that everyone homeless is a drug person or a harlot. That's not true. There are LGBT (Lesbian, Gay, Bisexual and Transgendered) people and young LGBT males who are not going to be able to live with others who can't live with them under the very same roof. There are deficiencies and ratios above "high," but it's a start. But what gets me is the motivation. We all started with this because we had an issue with those who are enforcing the law to clean up one area; have a group of other folks that are coming into another area. This will take a coordinated response, and it will keep -- take a continuum of care, so I thank you. But right now the number of women that are coming to my door and my place where we have a certain amount of affordable apartments that are created. Some of the men from Camillus that are living in these new homes that they have are also having women live with them, single women or women who don't have their children that are homeless, and these women should not have to sleep with men, whether they're formerly homeless men or not, to have sufficient housing available. I have documented this. I have brought some of the documentation under the Women's Association. We have a serious issue with the number of women. This month alone, the number of women that are being released from our re-entry round table, which we see none of these folks at the DOJ (Department of Justice) round table, which this is a DOJ issue, there. So we're going to have an influx of women in the street right now. Right now, if you were to go to the 701 Building after 630, there are women that are underneath blankets that are prostituting themself underneath homeless men that are calling themselves pimps. So the count of women that are there is wrong. There are buildings that have code issues, where there are one bedroom and there are young women that are housing other young women that otherwise would be homeless 'cause they don't have first, last, and security. So I'll just plead with you, that you make sure that there is a fair amount of those hundred beds right now that can intervene right now, and the difference means that maybe an immigrant woman isn't doing something she should not do or maybe that a nurse is not there 'cause she doesn't have first, last, security or doesn't have the ID (Identification). It has to be coordinated, it has to be a continuum of care, and it has to be concurrent. This was not only my experience; this is my observation. Women really need help right now. But I appreciate, I appreciate the fact that we're dealing with that second. I need City ofMiami Page 21 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 every officer out there right now that's listening to me to understand: Not all of us out there are on drugs, and we need a lot more of you patrolling. But there are some on your attitudes that are very bad, andl don't want to have to go to the CIP (Civilian Investigative Panel) to talk about how they treat a woman or drag a woman or mis -- assume that because she's sleeping, near guys that she's prostitution. The prostitutions charges are all-time high. Again, we need to have more gender -specific mats, programs, and slots available, because when Pottinger allows an officer to ask a woman, "Are you going to go to a shelter?" and there's no shelter available, what does she have left? It should not be an arrest or a misdemeanor charge simply because we're deficient in the number of slots available to her. Thank you so kindly. Chair Gort: Thankyou. Next. I want to make sure he is here. I guess Bob Dickens [sic] is not here. Is he? Okay. Anyone else in the public? Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am talking -- I'm going to talk good about Camillus House because I know that they do -- 'cause I am on the street. But still is things to be done, but many people complain, andl go to 17 and people complain, say, "Well, look, the City of Miami is providing an alternative doing something. What you doing there?" 'Cause the VA (Veterans Administration) -- I go to the VA andl see veterans sleeping right there outside the VA. The other day I went there, December 26, the day that was here, but I got appointments there, and when I got out, I saw -- and the VA is trying -- at least they trying to get some veterans. Why? Because there are a lot of people with PTSD (Post Traumatic Stress Syndrome), a lot of people with problems that are there, people that put their life on the line for us to be here, for us to be here today. I am service collector too. I am here too. Andl have -- andl buy my bus ticket soon, like you could be traveling around the world, or me, I could be home listening now to my (UNINTET,T IGIBT ,F) music to open up something. I am here because I have to put my time in the community. I got to look at the concept of civility. Do the common good because it benefits you, and that's what you got to do. I am all for that. Even -- I don't know what taxes I pay the City ofMiami. The little taxes, I pay indirect taxes, but still, I pay taxes. I pay federal taxes too. Thank you very much. And this is a good plan. I am all for that. Thank you. Chair Gort: Thankyou. Anyone in the public would like to address this issue? Being none, we close the public hearing. You're recognized, Commissioner. Vice Chair Hardemon: Thank you, Commissioner. Andl want to say very clearly that in -- under the Pottinger agreement, if there is not a bed available for a person, no matter if they're male or female, they will not be arrested, so that's one of the things I wanted to say. And then also with the mats, we have an opportunity for people to -- and it's not gender -specific with the mats, so they can have additional places to sleep. So this is a place where they are safe, they are secure, and hopefully, then they can move into the continuum of care, and then hopefully they can be a shining example of what we expect from the Camillus House like the gentleman that spoke with us earlier, and that's alll have to say. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I just want to say very briefly that, you know, I commend the ACLU (American Civil Liberties Union), which I don't know if they're here today, and the members of our legal team, because what they did was extraordinary. I mean, it took a tremendous amount of effort; and also Commissioner Sarnoff, who was very much involved. I think the modifications are very logical. I mean, they're very -- they seem to me to be -- it's surprising that it took this much effort to do something that is so logical and so -- kind of commonsensical. But, you know, I commend everyone for doing it, because it is -- we've had to deal with court cases that have strangled the City on a variety of different issues, and this was one of them. And so navigating City ofMiami Page 22 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 through the weave of different procedures to get to this point was very difficult and, ultimately, coming with something that was consensus, 'cause there has been many times on this issue that has been controversial. The "C" word has not "consensus." It's been "controversy." So I commend you for that, you know, your good work, and the members of the Police Department also who participated in that effort. Thank you. Chair Gort: Anyone else? Commissioner Sarnoff Yeah. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff I think it goes without saying, our mediator in this case was -- I think it was Judge Codina, if I'm right? Unidentified Speaker: Cortinas. Commissioner Sarnoff Cortina [sic]. I'm sorry, Cortinas, who I just want to say, I thought, did a fabulous job, probably in some of the most sophisticated mediations I've ever seen. I think we should thank our counsel: Scott Cole is here; Tom Scott, who had to leave for reasons he won't let me disclose, andl won't disclose them; and Jay Solowsky, who did this on a complete voluntary basis. And if you don't think this took a lot of time, Jay actually clocked his time, and it was a little over 1,000 hours, so it took a lot of time to get this done. Andl want you to know that every time we would go into any negotiation or any issue, we primarily thought about what every Commissioner we thought was important to you with regard to this issue, 'cause everybody has a different viewpoint, but I think we all want to get to the same result, which is safe, secure housing for people who are on the street, but also allow us the same opportunity as 35 other municipalities in Miami -Dade County that aren't saddled -- or is not saddled, I should say, with this settlement agreement. And while it doesn't give you everything you want, it certainly gets you a lot of where you need to be as a city that is on a significant growth path once again. And the other thing I'd like to leave you all with, since I won't be here for very much longer, is when you see a very tough issue out there, tackle it. You know, it took us two years. I remember all of you up here. I remember then Commissioner Gort, not the Chair, saying to me, "When is this coming? When is this going to happen? When are we going to get this thing done." I knew Commissioner Suarez' attitude regard this is a two fold attitude. I know he's got a very big heart for what's going on with the homeless people. I think this is an issue that Commissioner Carollo andl kind of share maybe a similar viewpoint on, andl, more or less, thought the way I thought was primarily the way I thought he would have thought. But I would leave you all with this one statement: If there is an issue that is incredibly tough for you to deal with, tackle it. It's rewarding. It's tough. But all too often in politics today, people don't tackle the really tough issues, 'cause you're going to be criticized, you know. Fifty percent will think you did it right. Fifty percent will think you did it wrong. And as I always said, only the rearview mirror of history will dictate whether it was right or wrong, not the windshield of popularity. So tackle the issues. It was a fun issue. It was an interesting issue. It was a socially important issue. It was an economically important issue. But tackle any tough issues you find in your community. Thank you, Mr. Chair. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Thank you. Yes, you're recognized. Vice Chair Hardemon: And l just want to clam for the -- with the Clerk's permission, that we are on PH.7, authorizing the agreement for the homeless shelter services. Todd B. Hannon (City Clerk): Yes, sir, that is correct. We're on item PH.7. It was moved by City ofMiami Page 23 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Sarnoff and seconded by Commissioner Suarez. Chair Gort: Let me tell you, I go back to 1993 when Orlando opened up their center for the homeless. At that time, there was the model that was used throughout the nations. Andl looked at the mats program that they had there and it worked, and people would go there overnight. They would see the facility. They would take a shower. They would get consultant. They get all kinds of strategy from the doctors and from the different social services and they move on, like this gentleman did, who just testified here a little while ago. The program works. I think all of us, the residents of the City ofMiami, Miami -Dade County, and all the institutions that work with the homeless, we have come a long way. We have done a lot, and that's why we've had people -- having so many people coming down here, 'cause we doing the right thing. And this is moving forward and, hopefully, we were told that by 2015, there shouldn't be any homeless out on the streets in Miami, and we hope so and that's what we working towards. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: That conclude the -- PH.8 RESOLUTION 13-01461 District3- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Frank ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Carollo DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL AMOUNT OF $85,000.00 FROM THE DISTRICT 3 RESERVE ACCOUNT, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE COMMERCIAL FA?ADE AND CODE COMPLIANCE PROGRAM IN DISTRICT 3, SPECIFICALLY ON SOUTHWEST 8TH STREET BETWEEN 12TH AVENUE AND 17TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01461 Pre-Legislation.pdf 13-01461 Legislation.pdf 13-01461 ExhibitA.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Suarez, Hardemon and Sarnoff Absent: 1 - Commissioner(s) Gort R-14-0010 Chair Gort: PH.7 that we'll take after our meeting at 12 o'clock. PH.8. George Mensah (Community Development): George Mensah, director -- Vice Chair Hardemon: We're right -- we're here on PH.8 now? Mr. Mensah: Yes. Vice Chair Hardemon: Mm-hmm. Go ahead. Mr. Mensah: -- of Community Development. PH.8 is a resolution of the Miami City Commission allocating Community Development Block Grant in amount of $85, 000 to the Commercial City ofMiami Page 24 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Facade and Code Compliance Program in District 3, specifically on Southwest 8th Street between 12th Avenue and 17th Avenue, and it's allocated in the following manner: $17,000 to CAMACOL (Latin Chamber of Commerce) for construction, soft cost administration and $68, 000 to the City ofMiami Commercial Facade, construction hard cost. Commissioner Carollo: Mr. Chairman, I move the item. Vice Chair Hardemon: You're recognized. Commissioner Carollo: I move the item, andl have a question; move for discussion. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved by Commissioner Carollo and properly moved by -- seconded by Commissioner Suarez. Is there a -- well -- Commissioner Carollo: I have a question. Vice Chair Hardemon: Go ahead; any discussion. Commissioner Carollo: Thank you. Mr. Mensah, I have a question. With regards to the 17 and I think you said 65 or 68 -- Mr. Mensah: Yes. Commissioner Carollo: -- is there an assigned percentage that has to go to an agency that administers it? Mr. Mensah: It's up -- Commissioner Carollo: That's why -- that's the reason that it was a breakup, right? Mr. Mensah: Yes. It's up to 20 percent, but it's based on the actual cost that it costs them to manage the program, but it's up to 20 percent. Commissioner Carollo: It's up to 20 percent. Mr. Mensah: Yes, please. Commissioner Suarez: No more than 20. Commissioner Carollo: So realistically, we always do 20 percent, but it doesn't mean it necessarily had to be 20 percent? Mr. Mensah: It's up to 20 percent. It's -- we -- a few year -- and I'll just give you a little history of this. A few years back, about four or five years ago, HUD (Housing and Urban Development) monitored us. At that time, the City was giving exactly 20 percent, and HUD indicated that you cannot give exact, because we have to pay only exact cost; how much it cost them to manage the program. So sometimes, they leave money on the table because they don't have the hard cost, so -- but we do up to 20 percent if they're able to prove that the cost to them is 20 -- up to 20 percent, then we pay that. If it is below 20 percent, then the actual cost is what we pay, but it's typically up to 20 percent. Commissioner Carollo: So could it be 15 percent? City ofMiami Page 25 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Mr. Mensah: It could be 15 percent, yes. Commissioner Carollo: But historically, the City ofMiami has always paid the maximum it could, correct? Mr. Mensah: In the past, yes, but not in the recent -- in the recent month, we've already de -obligated some of those funds, because we were unable to use all of it. Commissioner Carollo: Okay, okay. I'm ready to vote in favor of it. Thank you. Commissioner Suarez: Mr. Chair, ifI may. Vice Chair Hardemon: Wait. Before we move on, is it about what he just discussed? Commissioner Suarez: Yes. Vice Chair Hardemon: Yes? Okay. Commissioner Suarez: Yeah. I know, I think what the Commissioner is saying is that he -- we could impose additional fiscal discipline on, you know, our vendees, for lack of a better word, andl think he's -- I completely agree with -- you know, 'cause he's said before and you've said it in other meetings before that the more fiscal discipline that we impose upon them, the more we're able to use for the things that actually benefit our residents. Mr. Mensah: That's correct. Commissioner Suarez: So -- andl don't mean to put words in your mouth, but, you know, I think we've had this discussion before, and, you know, I actually hadn't thought about it until he brought it up, you know, that we do kind of rubber stamp the 20 percent, but why does it have to be 20 percent? It could be 15, it could be 10, you know what I mean? Mr. Mensah: Well, that -- Commissioner Suarez: We can impose -- we can say, "Look, ifyou want to use our" -- andl know we have issues spending money, so, you know, we have to bring that into the conversation, I suppose, but -- which we shouldn't, but we have, so, you know, we can't be ignorant to that fact, but I don't see why not. Why can't we say, you know, we want to impose a certain amount of fiscal discipline on our vendors and say, "Look, we just -- we think you can make it with 10 percent or 15" or whatever the number is. Mr. Mensah: Yes but -- Commissioner Suarez: Maybe do a historical analysis or something. Mr. Mensah: That's exactly correct. We can make it 10 percent, we can make it 5 percent, we can make it 15 percent, but I think that along with -- at the end of the day, whoever applies for this funding has to take into consideration how much it's going to cost them. How many people Commissioner Suarez: Agreed, agreed. Mr. Mensah: -- do I need to run the program? And they can then make a decision whether this is something that they can do or not. Commissioner Suarez: Sure. City ofMiami Page 26 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Mr. Mensah: Yeah. Commissioner Suarez: We don't want to lose -- and it's already hard. I think we've had some struggles spending our CDBG (Community Development Block Grant) economic development funds. We don't want to lose eligible participants, but understand what the Commissioner is saying, and kind of agree with that. Mr. Mensah: Yeah, I do. Commissioner Carollo: No, and again, I'm just trying to maximize dollars. I'm trying to do the most that we can with what we have, and in all fairness, I just -- you know, like I said, I'm ready to approve it as is, but at the same time, I want to see what we can and cannot do, and at the same time, sort of let my colleagues know or at least bring up the thought, because it's not a rubber-stamped 20 percent all the time. Chair Gort: Yes. Commissioner Carollo: So again, I'm looking to leave it as is; however, you know, just for the future, you know, these are things that we need to look at, because in all fairness -- and listen, this is nothing new for me. From the very beginning, four years ago, I'm trying to maximize dollars. Andl understand there's a timeliness test, but this 20 percent has -- isn't the one that -- isn't the reason that we have a timeliness problem, so -- and what I really want is that when we do a facade program, that residents can go by and they could say, "Wow, we made a difference." Mr. Mensah: Yes. Commissioner Carollo: You know. So again, I'm ready to vote for this. Thank you. Vice Chair Hardemon: At this time I'm going to open up the public hearing section for this. Mariano Cruz: Okay, okay. Vice Chair Hardemon: Is there someone who wants to speak on the item? Mr. Cruz: Sure. Vice Chair Hardemon: You are recognized, sir. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. And this is an area of the City that I had to go at least once a week, I go around there to the restaurant, Cuba Ocho, V ernes Cultural, and also, I see the amount of tourist buses that go there every day. I'm glad to see some of my federal tax money that I pay very little, very little tax (UNINTELLIGIBLE), but at least some of the money is going there. That's good, because that is an area that's used a lot, a lot. And it's good. It's good for the -- I commend also the Department of Community Development. They're doing good. They're doing real good. They're doing -- especially there in Allapattah, Little Santo Domingo, everything. I mean, I got -- you know that for me not to complain is very hard, but I don't find any complaint in your department over there. Thank you. Vice Chair Hardemon: Is there any other discussion -- Mr. Cruz: No. Vice Chair Hardemon: -- from the community? Please, behind you. City ofMiami Page 27 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 SR.1 13-01146 Renita Holmes: Give me a second. It's good to see you. Vice Chair Hardemon: You're recognized. Ms. Holmes: We're from the same neighborhoods, and we work together a lot, and I'm trying to get him to give me his cane to go with my trade, Fashion Fair. My name is Madam Renita Holmes, citizen, resident of District 5, business owner. I missed PH 130 [sic] but -- and it's my concern about always using CDBG funding, because it's real cause. Andl walked in on a conversation thatl was pleased to hear, but in a time now when there's such a big gap between the funding that goes to poor communities or impoverished communities as described by the federal guidelines, there's also making sure that the Section 3 applies. And don't know if you're familiar with Section 3, but know this gentleman is. I'm still attempting to get the City to adopt it, because it does go to letting local people take advantage, and it meets the federal guidelines when we're using CDBG. So my -- ask that you and I recommend that you highly look at local hiring on the actual job opportunities in the facade program. In closing, I utilized that when I was in public housing. How can someone on fixed income move to owning a company and hire the local women and the local young men in our re-entry program to do the facades and to take advantage of the opportunity in their community? So that's what the intentions of the funds are, but the oversight has been nil to none for lack of any monitoring structure or committee and things are done that -- but there are some recommendations and there are some programs -- I know that Mr. Mensah -- I saw him yesterday -- to assure that local organizations aren't stopped by lack of technical assistance to hire people to do the jobs in their community as acquired by the federal funds of the CDBG. Thank you so kindly. Vice Chair Hardemon: Thank you very much. Is there anyone else that has any discussion from the community? Seeing none, I close the public hearing at this time. Is there any further discussion on the item from the Commissioners? Seeing none, it's been properly moved and seconded that we authorize the allocation of the CDBG dollars in this matter. Any unreadiness? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Against? Motion passes. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 14, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS DavidSarnoff 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 13-01146-Submittal-Downtown Pedestrian Zone.pdf City ofMiami Page 28 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff 13426 Vice Chair Hardemon: Now we'll move on to SR.1. Commissioner Sarnoff Mr. Chair, couldl be recognized? Vice Chair Hardemon: Yes, you are recognized. Commissioner Sarnoff So to my Commissioners, this is the Downtown Pedestrian Priority Zone. This is essentially a package of transitions and changes that creates the downtown to be a priority zone for pedestrians. That's the delta we've been talking about; that change as to whether the priority is on the car or the priority is on the pedestrian. Downtown should be a pedestrian priority zone, and the package of changes here are guidelines that will help the downtown create that priority. It's going to be in concert with Miami -Dade County and, to a small degree, with Florida Department of Transportation. This is something that the DDA (Downtown Development Authority) has put together in -- especially now, I would say, in pari materia with the City ofMiami, because our person that was doing it at the DDA is now the assistant Planning director for the City ofMiami. But as you can see, what it is that the DDA has put together, it's to create a clear path for pedestrians; requires crosswalks at all intersections. If any of you have ever walked downtown, you can find one crosswalk on one intersection, which is contrary to any kind of human endeavor that I've ever seen. It aligns curb ramps with sidewalks as you would think the ADA (Americans with Disability Act) would require; provides automated countdown timers with more crossing time. Importantly, it designates the downtown as a 25-mile-per-hour speed limit. It reduces drive lane widths, which I think we've all learned means friction creates slower traffic movement. It does prohibit right turns on red. I remember just the other day walking and just about being run over by a person who thought he had a priority to go red versus the pedestrian that had the actual ability to walk in the -- I guess it would just be on the -- (UNINTET,TIGIBT,F) the word -- crosswalk, I apologize -- in the crosswalk. The light was ours to take, and the numbers were there, but as long as you allow red turns on rights, especially with our drivers, it creates certainly a potential hazard to drivers [sic]. In the midblock, we are trying to create the opportunities for people to cross where they'd be able to safely cross, 'cause people do cross midblock in Miami. We're not in California. A lot of people -- it's so-called ` jay -walking, " but if we actually make it available to people, it's a good idea. And what we'll do is we'll try to restrict the widths that they have to walk. And finally and most importantly, it would provide additional shade trees on the sidewalk so that we can create shade through either the use of arcades, overhangs, and it's kind of historic in a way, too, because historically, Miami did have these type offacilities. The shade trees would be new, but it'll provide a little more comfort to pedestrians, and you could see that other cities have done this, which is San Francisco, San Diego, Portland, Seattle, San Jose, Madison, and these are cities that are on the cutting edge and the best practices of Downtown Priority Pedestrian Zones. So I would move this -- Commissioner Suarez: Second. Commissioner Sarnoff -- on behalf of -- Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez; any further discussion? Commissioner Suarez: Just real quick. Just want to say that on the requiring the crosswalks at all the intersections, I think one of the things that Commissioner Sarnoff has emphasized in the City ofMiami Page 29 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Grove, andl think it's important also in downtown, is it would be nice if the crosswalks could actually be bricked or have some sort of feature that, you know, beauties the crosswalk and makes it seem even more inviting to pedestrians, rather than just the kind of white lines, which are better than no lines, but, you know, I think we have to spend a little bit on capital. And it's going to go to a broader discussion, which is that we're running out of our bond money for capital improvement, and we're going to have to really take a hard look at our budget and figure out, you know, if we're going to set aside on an annual basis money for capital improvements or borrow more money; one or the other. I'm -- my preference is the former, not the latter, but, you know, I'm only one Commissioner. Chair Gort: My understanding is this is the -- we're working on the -- approving the item here. Studies are going to be performed, andl imagine the Department of Public Works and the Department of Infrastructure are going to be involved in the study, along with DDA and the professionals. Commissioner Sarnoff. Yeah. This sets the parameters, the guidelines, so to speak. Chair Gort: The guidelines that have to be (UNINTET,TIGIBT,F). Andl think they're very good guidelines. One of the things -- we need to do this and utilize this guideline not only in downtown Miami. I mean, we have a lot of downtowns throughout the City ofMiami, andl think we have a lot of pedestrian death throughout the whole City, and this is something that we should consider. Andl applaud you for bringing this up, andl believe whatever study comes out of it is going to be well done, and we going to be able to utilize it in other municipalities and in not only -- but in other neighborhoods and the other districts where we have the same needs. Okay, anybody else? Open to the public hearing. Yes, ma'am, you're recognized. Renita Holmes: Yes. Madam Renita Holmes, District 5 resident ofDowntown/Overtown. I'm kind of living in a situation between the two -- a very thin line of you know, what's a priority, a pedestrian versus what's a -- on the other side, 'cause it's extremely different when you get to the Overtown section. I know for a fact as a service provider to homeless women as well as anyone that needs my services, social services, we have that situation where Pottinger raises my eyebrows and the complaints that I take about people being pushed into, because the words do include "safety." We're still dealing with a lack of a campaign and the lack -- and a gap in services, as well as adequate housing for persons who will be pushed out of that Priority Pedestrian Zone, and the interpretation of where homeless people and mentally ill people fit in safety has always been at question. But in my recent surveys evaluation and my service roster, that thin line, being pushed back further or gentrified further into the Overtown section is causing an overlaying problem of drug use, crime, urination on the street. And so I think there has to be something coordinated with -- and I've spoken a lot, and I'm very open -- with Gomez, andl try to keep a relationship with the commanders in the area, but it's an influx. I would ask that you oversee this, and then perhaps maybe we can synchronize. I left messages to meet with you, Commissioner Sarnoff, and some of your persons in your district. We really need to take a look at coordinating the balance or the imbalance that's going to be created by prioritizing others out of a situation as opposed to others going through a situation. Thankyou so kindly. Chair Gort: Thankyou. Mariano, Mr. Cruz. Mariano Cruz: Yeah. Mariano Cruz, 1227 26th Street. One thing: Now I do a lot of pedestrian lights, andl have complaints about that. And sometimes, it takes a long time, because I use often. On 37th Avenue and 9th Street Northwest, our office are located right there, and then I walk across to Pastor Clinic, and sometimes, it's very hard, very hard to walk, to pass 37th Avenue, because the light doesn't change, and it's bad, and you see the people risking their life. And you know how traffic goes over there, that's downtown. And now, I am a pedestrian because I don't drive. Look what I got. I got my -- (UNINTELLIGIBLE) call here? -- free transportation, all that. You know why? Because I don't drive. I got knee problems, which I'm being paid City ofMiami Page 30 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 service -connected disability, although it should be a problem, but I walk andl use if I'm -- I don't go downtown often, but ifI go downtown, I like to walk, because the City's pedestrians have the right-of-way according to life, pedestrian first; pedestrians were here before the car, before anything, so let's take care of the pedestrians. I go -- I agree with you on that. At least am agreeing with you. Thank you. Chair Gort: Thankyou. Anyone else? Anyone else? 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.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. Chair Gort: Thankyou. SR.2 ORDINANCE 13-00745 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 AND USE AND FOR REVOCATIONS OF PERMITS AND ADDING NEW SECTIONS 35-288 THROUGH 35-291 TO CLARIFY ENFORCEMENT OF NON -COMPLIANT PARKING LOTS; AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 4, ENTITLED "PLANNING AND ZONING/ PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/ INTERIM PARKING" MORE PARTICULARLY BY ADDING AN ADDITIONAL INTERIM PARKING PROGRAM TO SECTION 62-543 ENTITLED "TEMPORARY PARKING -CENTRAL BUSINESS DISTRICT" TO ALLOW ADDITIONAL COMMERCIAL PARKING ; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00745 Legislation SR (Version 3).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Suarez, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Carollo 13427 Chair Gort: SR. 2. Commissioner Sarnoff. Mr. Chair, can I be recognized for this, as well? Chair Gort: Sure. Commissioner Sarnoff. So this has been a package of downtown issues that I think work across the City or citywide. This is particularly regarding safety in our parking ordinance or parking lots. And I'm sure each one of you have done your own due diligence. I'm not here to bring the Herald any headlines or anything along that line with regard to what's happened in the City ofMiami Page 31 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 downtown parking lots, but I'm sure as each one of your recall the last PowerPoint presentation or have done your due diligence, you will know what has happened in downtown in a number of lots with regard to poor lighting. So this particular ordinance, Mr. Chair, brings two issues to bear: aesthetics and safety. Lighting: We are mirroring the County's lighting requirements for commercial uses. All our research has shown that the crux of the parking lot security is lighting. Police power: We're giving the police, for the first time, the ability to immediately shut down a parking lot, but only for an immediate life safety hazard. Flag people -- andl'm sure you've seen this: It reigns in the parking lotflaggers by restricting them only to the area near the entrance to the lot. Aesthetics and maybe safety as well, signage: It requires prominent signage showing the operator's name, contact information, and rates, and prohibits "A" frame signs from misleading that may resemble MPA (Miami Parking Authority) signage. Fencing: Requires galvanized aluminum fences; no picket fences allowed. Let me bring you all to bear on this, because some of you or most of you were here when the interim parking lot was passed, and that required these same type offences. We probably got a 60 to 70 percent delta change with regard to parking lots downtown, and it helped a lot. Garbage: Requires that each lot have a dumpster or some equivalent to that effect. And most importantly, what it now does is it phases out the interim temporary program, but it does allow all lots that have begun the process that started on that path of interim ordinances to stay on that path. Others now must fully comply with drainage, landscaping requirements that are needed. I could tell you that this particular set of documents or these particular set of criteria for parking lots are the practices that are used in San Francisco, New York, Atlanta, as well as Seattle, Washington. This is best practice, andl would move this, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second for discussion. Chair Gort: Commissioner -- second by Commissioner Suarez. Discussion. You're recognized. Commissioner Suarez: Thank you, Mr. Chair. I know that we've postponed this several times, and there were at some point stakeholders that reached out to me. They haven't reached out to me this time, so that -- Commissioner Sarnoff.. We met with them, we met with them. Commissioner Suarez: Okay, I'm taking that as an indication that you've met with them, andl'm taking that as an indication that they are no longer against it, because they were pretty adamant about sharing their feelings with me previously, so -- Commissioner Sarnoff.. As with me as well. Commissioner Suarez: I'm sure. So because of that, I'll support this item, and, you know, not that -- look, I understand sometimes -- and, you know, we had to deal with this issue similarly when you were trying to change the standards in downtown on the windows. There's always that tension between wanting to push the envelope and try to change things and the resistance that you get from the status quo. It is what it is; it's inevitable, andl think in that sense, your district is more challenging probably than any of our own, because a lot of the exciting things are happening there. So -- and, you know, and as elected officials, we have a finite amount of time, so we want to push the envelope as quickly as possible, and you've always been consistent about doing that, so I'm supporting this. Chair Gort: I think, you know, the one thing; we have a lot of the Code compliance that I'd really like to see it, because we do have a lot of ordinance that's supposed to be taken care of by Compliance. Unfortunately, we don't have it, andl think we have to put a lot of emphasis in that. I believe andl know downtown is a great mechanism, economic mechanism for the whole City ofMiami Page 32 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 City, but you also got to protect the neighborhoods, because if we increase and beautf the neighborhood, the whole City is going to improve, even more downtown. So I'd really like to see the compliance and the effect of this, because just the other day, I had to make a few phone calls in a lot of parking spaces where we're having problem with, andl think the compliance is going to be very important. Commissioner Sarnoff. Mr. Chair, can I address what you just said? Chair Gort: Sure. Commissioner Sarnoff. So we have a new Code Compliance director, Jessica -- Chair Gort: Capo. Commissioner Sarnoff. -- Capo. Sorry. I always call her Jessica. Andl said to her, "How do we make this City the shining city on the bay?" 'Cause the shining city on the bay is San Francisco, but the shining city on the bay should be Miami. Chair Gort: Right. Commissioner Sarnoff. And that's the challenge to her and to us, because if you want to make this the shining city on the bay, which you absolutely can do, it's going to be through Code Enforcement. Chair Gort: The whole City. Commissioner Sarnoff. The whole City. Chair Gort: Anyone in the public would -- Vice Chair Hardemon: I will say this -- Chair Gort: Commissioner. Vice Chair Hardemon: -- andl know that this is good legislation that will serve a good purpose for the people who not only visit our community, but live in our community, andl think that's important. But the City ofMiami, if we are to hold private parking lot owners to this type of standard, we must address the standards that we have in our very own -- under our control, so -- andl say that to say I stay here pretty late, andl know a lot of the Commissioners here stay here pretty late, and when you -- we have the privilege of parking directly in front of this building, right. But other people do not. Other people have to park more so further north in the furthest parking spots; and at nighttime, it is extremely dark. Andl counted at least seven, eight lights that were out just last night. So those lights need to be, of course, addressed. So we need to give the patrons of these arenas -- and we're going to put this much responsibility on them, we should equally have that amount of responsibility, and those lights shouldn't be out by the end of this week in that parking light. It should be bright so that no one is injured or hurt when they're here trying to do business at the City ofMiami. That's fair? Chair Gort: (UNINTELLIGIBLE). Commissioner Sarnoff. Fair enough. You're right, you're right. Commissioner Suarez: (UNINTELLIGIBLE) pay attention. I think that's a GSA (General Services Administration) issue, right? City ofMiami Page 33 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Sarnoff. The only -- that's the only agency -- Commissioner Suarez: I'm sure she -- Commissioner Sarnoff. -- in the City ofMiami that never gets called out. Commissioner Suarez: And they just did, so -- Commissioner Sarnoff. The GSA director's got to have the best job. Commissioner Suarez: -- Kudos to Commissioner Hardemon for doing it. Chair Gort: Is there anyone else would like to discuss this item; anyone in the public? Showing none, 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.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Commissioner Sarnoff. I like that. Commissioner Suarez: I like that too. END OF ORDINANCES - SECOND READING ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 13-01412 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE V/ SECTION 54-191 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/TEMPORARY ENCROACHMENTS", TO EXEMPT OWNERS OF SINGLE FAMILY AND TWO (2) FAMILY RESIDENTIAL PROPERTIES FROM PROVIDING INSURANCE AS A CONDITION FOR THE CONSTRUCTION OR INSTALLATION OF A FENCE, WALL OR HEDGE IN THE UNDEDICATED PORTION OF THE RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01412 Summary Form SR.pdf 13-01412 Legislation SR (Version 2).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff Chair Gort: RE. 2. Commissioner Suarez: Changing it up. Where are we at, FR.1 or (UNINTELLIGIBLE)? FR.1? Chair Gort: RE.2. I'm sorry, FR.1. Sorry, sorry, I didn't see it; it's only one. City ofMiami Page 34 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Nzeribe Ihekwaba (Director, Public Works): Good morning. Zerry Ihekwaba. FR.1 is an ordinance to amend City Code Section 54-191 to exempt owners of single-family and two-family residential property from providing additional insurance as a condition for being allowed to construct or install temporary encroachments in the undedicated areas of the public right-of-way. Commissioner Suarez: Move it. Chair Gort: There's a motion. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion. My understanding, there's a letter that needs signed by the property owner where the City would not have any liability. Mr. Ihekwaba: Yes. As it stands today, there are two conditions to be allowed to install temporary encroachments. One is to name the City as an additional insured on the homeowner's property insurance. The second is what you're referring to, which is an indemnification and hold harmless agreement. That stands and will continue to apply even with the passage of this amendment. Chair Gort: Okay, thank you. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I think the City Attorney wants to put some language on the record for either this reading or next reading. I think she wants it for next reading. We want to be clear on exactly what are encroachments in this ordinance so there's no discrepancies or, in the future, there's no ambiguities. Victoria Mendez (City Attorney): Just between first and second reading with regard to the minor amendment, we're just going to make sure that this applies to fences, so that there's no question that it would only be a fence; it wouldn't be something that anyone can trip over or anything like that; it would just be for a fence. Chair Gort: Okay. Commissioner Carollo: And again, we're just, in an abundance of caution, making sure, you know, that it reads the way it should, and the intent is followed. Thank you. And by the way, with regards to insurance, there is an issue in District 3, and the bottom line is the person cannot get insurance. The insurance company will not sell them the insurance, so it's -- Chair Gort: They can't get it. Commissioner Carollo: Yeah, exactly. Mr. Ihekwaba: Mr. Chairman, ifI may? Chair Gort: Yes. Mr. Ihekwaba: I think we may have to enlarge the amendment to be specific to fences, walls, and hedges; not just fences. "Fence" and "wall" are two different technical terms. Both of them City ofMiami Page 35 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 should be accommodated. Vice Chair Hardemon: I move to amend the measure to include fences, walls -- Mr. Ihekwaba: And hedges. Vice Chair Hardemon: -- and hedges. Commissioner Carollo: Okay, I second that. Commissioner Sarnoff. The amendment being exclusive to. Mr. Ihekwaba: Yes. Commissioner Sarnoff. Correct? Mr. Ihekwaba: Yes. Chair Gort: Yes. Commissioner Sarnoff. So not "inclusive of"; "exclusive to." Mr. Ihekwaba: Specific to those three. Commissioner Sarnoff. Right; only those three would be the exceptions. Mr. Ihekwaba: Yes. Commissioner Sarnoff. Okay. Commissioner Carollo: And I'd like to yield to our City Attorney and make sure that's acceptable to her; if that's -- that was her intent of what she originally wanted. Ms. Mendez: That's fine. Commissioner Carollo: Okay. Chair Gort: Okay, thank you. Mr. Cruz, you're recognized. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street, resident of the City; not a City taxpayer, but a resident of the City. But I am for all that to simply life, so simplify all of the people for the homeowner, 'cause the way sometime it becomes, you have to have an attorney next to you to do anything, and not everybody have the time or the money. I have a Pre -Paid Legal plan just in case. Commissioner Suarez: Pre -Paid Legal plan. Mr. Cruz: Just in case, I have it. It's like a medical insurance, but not everybody have that or can afford that, but I am for that. To simplin,life, the people don't have to bring somebody, read all these papers and all that. And then they say, "Oh, but you didn't read it, you know; you didn't know that?" Chair Gort: That's a fine line, Mr. Cruz. Mr. Cruz: Okay, got it. Oh, no, no, I have a magnifying glass with a light. I follow your advice. City ofMiami Page 36 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Thank you. Chair Gort: Thank you. Okay, anyone else? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. END OF ORDINANCES - FIRST READING RESOLUTIONS RE.1 RESOLUTION 13-01403 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2013", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $5,225,000.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM FISCAL YEAR 2013 AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 13-01403 Summary Form.pdf 13-01403 Back -Up Document.pdf 13-01403 Legislation.pdf 13-01403 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 37 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Votes: Ayes: 4 - Commissioner(s) Carollo, Suarez, Gort and Sarnoff Absent: 1 - Commissioner(s) Hardemon R-14-0011 Chair Gort: RE.1, $5 million. RE.1, Fire Department receiving a grant to buy -- Commissioner Suarez: Skip it; let's go to the next one -- Chair Gort: -- purchase equipment. Commissioner Suarez: -- till they're ready. Victoria Mendez (City Attorney): This is the UASI (Urban Area Security Initiative) grant that the Fire Department receives. The municipality of the City ofMiami is the one that receives the $5 million and then distributes it to all the other municipalities as depicted in the memoranda and the MOUs (Memorandums of Understanding). Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Is there -- do we not have Fire officers here? Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff, andl believe we have questions. Joseph Zahralban: Morning. Joseph Zahralban, Deputy Fire Chief. This is a request for the establishment of a special revenue project for the Urban Area Security Initiative. This is a grant that is a DHS grant, Department of Homeland Security, passed through the State for our Urban Area Security Region, and that comprises four counties: Monroe, Dade, Broward, and Palm Beach County. Chair Gort: Any discussion? I have a question. My understanding is, in reading through the program that some of the grant funds are going to go to the Broward Sheriff's Office? Mr. Zahralban: Yes, sir. Chair Gort: Does our City ofMiami Police receive any grants for their equipment? I mean -- Mr. Zahralban: Yes, sir, the City ofMiami Police Department does receive a certain amount of grant funding from this particular grant each year, each fiscal year, and we sit with them ahead of time. We work through the budget; we send that budget up to the State of Florida and ultimately to DHS. Based upon their priorities and depending on how much funding there is, we move down their list of priorities and grant funding to that level. Chair Gort: Thankyou. I appreciate that, 'cause I could see, all the cities, I imagine you get together before you present your proposal and put the program together, working as a team? Mr. Zahralban: Absolutely, sir. We have what's called an Urban Area Work Group, which comprises different cities that are part of the Urban Area Security Initiative. The City ofMiami Police, as well as the City ofMiami Fire Rescue, are members of that panel. Chair Gort: Thankyou. I appreciate that information. I think it's important for people to know. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 38 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 RE.2 13-01407 Department of NET Administration Chair Gort: Thankyou, sir. Mr. Zahralban: Thankyou. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2013-2014 MEMORANDA OF AGREEMENT -DISCHARGE PLANNING GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $340,000.00, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, TO PROVIDE EXTENDED OUTREACH, AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEMS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT NO. 4 TO THE 2010 MEMORANDUM OF AGREEMENT -DISCHARGE PLANNING , IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD. 13-01407 Summary Form.pdf 13-01407 Letter - Homeless Trust.pdf 13-01407 Pre-Legislation.pdf 13-01407 Legislation.pdf 13-01407 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Suarez, Gort and Sarnoff Absent: 1 - Commissioner(s) Hardemon R-14-0012 Chair Gort: RE. 2. Sergio Torres: Good morning, Commissioners. Sergio Torres, Homeless Program administrator. RE.2 is a resolution accepting the renewal of the memoranda of agreement. The memoranda of agreement is a contract between the City ofMiami and the Miami -Dade County Homeless Trust to provide discharge planning for homeless inmates -- I mean homeless people being released from jail and hospitals and community mental health facilities. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Yes, ma'am, you're recognized. Renita Holmes: Thank you, Mr. Chair. Again, when we look at this item -- my name is Renita Holmes. When we look at this item and what type of services it's providing, and we look at a move towards such -- I see supported effort to create a better pedestrian zone, on the other side -- other line side in Overtown, the other district, it's really important that we utilize the groups City ofMiami Page 39 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 RE.3 13-01436 and the input and the roundtables to coordinate according to the movement that comes. Most of us who do service to persons who are of entitlement groups and indigenous communities, you know, our homeless persons, our mentally ill, we need to have a specific cultural competent program to do it. And when I look at the best practices in other cities that have this issue, they coordinate it very well. Not only do the social service funds leverage it, but it allows us to utilize our other funding sources. And I've watched the way that we've done this in some aspects, interim with the County, and I'd like to see us do that more often, so I'm just recommending and I'm asking that we coordinate these two projects and these two items together and make sure that those who are not so welcomed on one side of the line has adequate services on the other, because these are entitlement funds that we're using and attached to this item. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Commissioner SPECIAL REVENUE PROJECT ENTITLED: "INVESTIGATIVE COSTS Wifredo (Willy) Gort RECOVERY FUND" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000.00, FOR THE OPERATION OF SAID FUND; AUTHORIZING THE CITY OF MIAMI POLICE DEPARTMENT TO ACCEPT JUDGMENTS AGAINST PERSONS CONVICTED IN CRIMINAL CASES AND TO DEPOSIT FUNDS INTO SAID SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF POLICE TO BE SPENT ON MARKED VEHICLES, TASER, UNIFORMS, EQUIPMENT AND OTHER ITEMS THE CHIEF OF POLICE DEEMS NECESSARY AND PROPER. 13-01436 Back -Up Documents.pdf 13-01436 Legislation.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Suarez, Gort and Sarnoff Absent: 1 - Commissioner(s) Hardemon R-14-0013 Chair Gort: RE.3. Chief Manuel Orosa: Commissioners, Chief Manny Orosa, Miami Police Department. RE.3 is a resolution to start what I wanted to call like a pilot program. Right now there's a few hundred thousand dollars that go uncollected because we haven't done anything to collect those funds, and this is a program that we want to mirror after Miami -Dade Police Department. Miami -Dade Police Department has a way to capture some funding for restitution, and basically, what it is, it's cost recovery from the court system. And the way I envision it, the way the County does it, is that when an officer goes to their court liaison to sign in for court, they fill these documents that are provided to the State Attorney's Office, and any plea negotiation, any conviction, any similar situation, the State will ask the judge to impose cost recoveries, and the defendant has to pay the department a certain amount, depending on what the judge has to do. So those monies will come back to us, and that's what this program is all about. Commissioner Carollo: Mr. Chairman. City ofMiami Page 40 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Okay. Yes, sir. Commissioner Carollo: First of all, I'd like to commend you on bringing this. As a matter of fact, I was a Miami -Dade Police Department -- in the Miami -Dade Police Department, andl actually did cost recovery when I did some of the investigations, andl was under the impression we were doing it. So if we were not doing it -- by the way, Commissioner Gort, it is a very good item to bring up, so I commend you, and I move the item. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo. Commissioner Suarez: Commend you both. Chair Gort: Second by Commissioner Suarez; any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you, Chief. Chief Orosa: Thank you, sir. RE.4 RESOLUTION 13-01449 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY Attorney CONFLICT OF INTEREST THE LAW FIRM OF KUBICKI DRAPER, P.A., MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT MDM DEVELOPMENT GROUP, LLC IN PROCEEDINGS FILED BY FLORENCE TAI, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO. 11-39079 CA 32, AS STATED HEREIN. 13-01449 Memo- Office of the City Attorney. pdf 13-01449 Legislation.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) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0014 Chair Gort: RE.4. Victoria Mendez (City Attorney): Commissioners, this item is a request for a waiver of conflict so that it enables the firm of Kubicki Draper to represent a co-defendant in a case, MDM Development Group, and also continue to defend the City ofMiami in an appeal that's from 1976, Miriam Donner versus City ofMiami, that's still pending re -hearing in the -- Commissioner Suarez: Move it. Ms. Mendez: -- court system. Chair Gort: It's been moved by Commissioner Suarez and -- City ofMiami Page 41 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Carollo: Second. Chair Gort: -- second by Commissioner Carollo. Discussion; any discussion? Vice Chair Hardemon: Yes, yes, yes. This is -- andl want to be clear. This is RE.4, correct? Commissioner Carollo: Yes. Chair Gort: Yes. Ms. Mendez: Yes. Vice Chair Hardemon: Part of my concern in this matter is that, as I understand it, Kubicki Draper is -- they have more than -- well, Madam Attorney, is Kubicki Draper involved in any other litigation matters involving the City ofMiami? Ms. Mendez: They represent us in a old case from 1976 right now. That's presently the only thing that they're assisting us with; they're outside counsel in that matter. Vice Chair Hardemon: So can you please let the Commission know some of the conflicts of interest or the ramifications of waiving a conflict of interest in this matter? Ms. Mendez: Well, one of the issues is that a -- if we waive a conflict of interest, this attorney could become adverse to the City by being a co-defendant. In this particular matter, one of your Commissioners, also an attorney, asked, "Well, is this person, this firm planning to file an actual cross -claim against us, or some sort of counterclaim?" At this time, it's not envisioned that that would happen; however, we can make a provision into this resolution that, obviously, if they become adverse to us, that they would have to come back to ask for a conflict at that point. The rules of the Florida Bar do not allow an attorney to represent one client adverse to another, so because of that, they have a conflict and need to come to the City Commission to make sure that you are comfortable with having them represent a co-defendant, and also represent us. It is -- it would be more of a strained analysis if they were suing us directly, if they were coming in and actually suing us, and we would have to waive a conflict, saying, "You can represent us on this matter and you can sue us on this matter." At this point, they're just representing a co-defendant in this matter, and it does not look like if it would become an adverse situation where they would be pointing fingers at us, but we can amend the resolution that if that were the case, then they would need to come back before us so that we can make an informed decision. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Yeah, I think there are some conflicts that are waive -able, and some conflicts that are not waive -able. I think if they were adverse to the City, that would not be a waive -able conflict; we wouldn't be able to waive that conflict. And I'm not the litigating attorney up here. We have a civil litigation attorney, and we have someone who has experience in criminal litigation, and I'm more of a transactional lawyer, but the code of professional responsibility applies to us equally, andl think there's some conflicts that are waive -able that are perceived conflicts or potential conflicts and some that are not. If that firm ends up representing someone or themselves takes an adversarial position to the City, we couldn't even waive that conflict if we wanted to. They just would be prohibited from representing the City. I mean, that's just an unwaive-able conflict. Ms. Mendez: And at that point, that's why we would need to definitely bring it back to the Commission to -- City ofMiami Page 42 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Suarez: They'd have to withdraw from the representation. Ms. Mendez: Correct. But it would need to be addressed at that point. Now, at this time, it's not something that is adverse in that respect. Chair Gort: Okeydoke, we can -- Commissioner Sarnoff. Commissioner Sarnoff. Yeah. I think what Commissioner Hardemon is saying -- and he can correct me if I'm wrong -- there's two philosophical imports here. One is easy to dispense with and talk about, which is, do you want the one hand that you pay or one hand that you feed to bite you? That's a philosophical import that no attorney needs to explain that to you. The second being when you represent a client, you learn a great deal about that client. You learn a great deal about the internal workings of that client, and you learn things that can be put to uses; that you have an obligation to now two clients. You have an obligation to the client that you've been representing and then you have an obligation to the client that you're going to represent. So there is an internal inherent conflict. What Commissioner Suarez is saying, as long as that is not part of the transaction occurrence for which you are presently representing that person, you can waive that conflict. But I think what Commissioner Hardemon is suggesting -- and he'll again correct me if I'm wrong -- the insight that you learn into your client, the internal workings of your client is a useful tool that you cannot dispense would create a Chinese wall in your mind and not then put to use when representing that other client when you are against the City of Miami. I think this Commission's got to be very judicious in that second tier of analysis, andl think it's perfectly okay to say as well, do you want people who sue you to also represent you? That's a philosophical decision we get to make as well. Commissioner Suarez: Right, yeah. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: And that is where I was going. I wanted to bring up the conversation. I wanted to raise the conscience of this Commission and of the people in the community, because the one thing thatl -- andl've seen this happen in Tallahassee, andl've seen how they've dealt with this situation. Tallahassee is a much smaller city than the City ofMiami. However, firms should not be allowed to learn the core competencies, learn the inner workings of the City of Miami and benefit by it by us giving them business and then in the next minute sue the City of Miami with those things that they've learned to then earn more money. You need to have to choose. You either want to be with us or you're going to be against us. And some people who are against us may be hired to be with us so they won't be against us anymore, because it's just that much of a strategic decision. But I don't think that we should be in the business of paying someone to represent us and then allowing them to sue us, and so we have to be -- and the way that we handle that, of course, is being more cautious about who we award our contracts to for the City ofMiami. So this may not be the measure that touches that, but there are measures that I'm sure will come in the future that we need to be more aware of that when we address our constituents and we look at the business community and the lawyers, which there are thousands of them in the City ofMiami who can do this type of work, that we give opportunity to those who are faithful to the City ofMiami. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Yeah, I'll be honest with you, I think we've been pretty laissez faire about City ofMiami Page 43 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 waiving conflicts generally, but you're making a very compelling argument, Mr. Hardeman -- Commissioner Hardemon -- and there really isn't a shortage of lawyers in this legal community, andl think it's interesting, because one of the neat things about having three different lawyers that are kind of in three specialties is you see the world differently. You see the world through the prism of how you practice. Andl think in the prism of where you practice, Commissioner Hardemon, it's very adversarial in the sense you're either a defense attorney or you're a prosecutor, one or the other, you know, and you get very good at what you do, and it's okay, and you know, and you kind of pick a side in a sense. Sometimes people who are prosecutors become defense attorneys, but then they usually stay being defense attorneys because it's very lucrative. But I have no problem with setting that precedent, setting that policy where we say, `Look, if you want to represent the City, you represent the City. If you want to represent people who are adverse to the City, you represent people who are adverse to the City, but you can't do both." You know, I don't have any issue with that. I don't know what kind of implications that would have in terms of who represents us. Certainly, that's something that may be worthy of a broader discussion and a more lengthy debate, or whatever, but you make very compelling arguments. I think you make a great argument. I'll rescind my motion if you want me to. If you want to just move forward on this one, you know, but I'm willing to rescind my motion. Chair Gort: Okay. Vice Chair Hardemon: Well -- Chair Gort: Vice Chairman, you're recognized. Vice Chair Hardemon: What I would like to do is to make a friendly amendment. Commissioner Suarez: Sure. Vice Chair Hardemon: Andl would like to add the language that if the firm becomes adverse to the City in this contract -- because we're here now with this, and as the Madam Attorney -- andl took her recommendation with the utmost sincerity. And so if in this matter they're not adverse just as of yet, we will say this -- I move to amend in this fashion: If the firm becomes adverse to the City, they need to come back before this Commission for additional consideration of this matter. Commissioner Suarez: Yeah, andl -- Chair Gort: Does the maker of the motion accept the amendment? Commissioner Suarez: I do accept that, except for the fact that -- Chair Gort: Does the seconder of the motion accept the amendment? Commissioner Suarez: I do. -- their conduct is governed more by the Florida Bar than it is by us, andl think we've seen that situation. Certainly, in terms of what we allow them to do, in terms of whether we allow them to represent the City in one matter where they're potentially adverse in another, that's on us. Whether they have a conflict that is waive -able or not waive -able is really on them and their relationship with the Florida Bar. So -- but I agree with that. I agree with that amendment. I agree that they need to come back to us, 'cause we may at that point want to sever the relationship -- Vice Chair Hardemon: Exactly, and that's -- Commissioner Suarez: -- and say, look -- City ofMiami Page 44 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Vice Chair Hardemon: -- what this is for. Commissioner Suarez: -- irrespective of whether you feel that it is a waive -able conflict or not, or whether the Florida Bar even feels that it's a waive -able conflict, we don't -- we want to terminate the relationship at this point because we feel that it's not in our best interest. Chair Gort: Thankyou. Yes, ma'am, you're recognized. Renita Holmes: Yes. Thank you. Renita Holmes again for the record. I concur, actually, Commissioner Hardemon, because, you know, the first thing you're taught when you begin pre -law in school is that you can't represent, you know, your opponent and your client, and there's that compromise. When we talk about business and then we talk about professional practice, the ethics are important. So when we perform waivers for one side to deal with the other and the other deal with the insight that's provided, provides a lack of -- or perhaps a disservice to us as City ofMiami taxpayers as well. And when you're doing business, that's fine, you can make the rules. But the rules and the guidelines of this practice and profession of attorneys makes me ask this question: Would Draper be -- Kubicki Draper be the mediator now at this time, and can you be the mediator and practice as the mediating attorney and also as the defending attorney, as well as possibly the civil attorney? That's a lot of jumping around, and the Florida Bar in its ethics says that when you're providing the best profession -- in one of its covenants -- you don't jump around. Andl consider this waiver to be so much of a favor in business versus the assurance of good professional practice in providing whichever client that you're 100 percent representing. There's a conflict. And so while we may set precedence today about how we do rules at this level, it surely defeats the purpose in the creation of ethics that have followed us throughout a lifetime in being professional practitioners of law. I ask that you reconsider this and that you just start now setting precedence saying, "We don't have to have conflict, because there are many great mediators out here." And somehow, I feel like I'm beating myself in the head when I say let this go by, and perhaps that maybe you are weakening somebody's opportunity to seek justice. Please don't allow this to happen. It's my recommendation that you don't have this conflict of interest in local law. Thank you. Chair Gort: Thankyou, ma'am. Any further discussion? Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 13-01438 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MORNINGSIDE CIVIC ASSOCIATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, WHICH FOR ALL PURPOSES OF THIS AGREEMENT INCLUDES THE FOLLOWING INDIVIDUAL APPELLANT MORNINGSIDE NEIGHBORHOOD RESIDENTS IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES: RODALONSO, ROB STEBBINS, SCOTT CRAWFORD, AND ELVIS CRUZ, JOINTLY AND SEVERALLY; BAYSIDE 5101, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("BAYSIDE"), AS SUCCESSOR IN INTEREST TO CHETBRO, INC., A FLORIDA CORPORATION; AND THE CITY OF MIAMI, FLORIDA, A MUNICIPAL CORPORATION ("CITY"), TO RESOLVE ALL OF THE CONCERNS, ISSUES, CLAIMS, RIGHTS, AND ENTITLEMENTS RAISED BY MORNINGSIDE, BAYSIDE, AND THE CITY WITH RESPECT TO THE DEVELOPMENT RIGHTS OF BAYSIDE. City ofMiami Page 45 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01438 Memo -Office of the City Attorney. pdf 13-01438 Legislation.pdf 13-01438 Exhibit.pdf 13-01438-Submittal-Lucia Dougherty. pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0015 Chair Gort: RE.5. BarnabyMin (Deputy City Attorney): BarnabyMin with the CityAttorney's Office. RE.5 is a proposed settlement between Morningside Neighborhood Association, Bayside, which is the developer in the City ofMiami, concerning ongoing litigation that's been pending for approximately 10 years for a development that is occurring at 5101 Biscayne Boulevard. Chair Gort: Thankyou. Public hearing? It's not but (UNINTELLIGIBLE) to speak. Lucia Dougherty: Good afternoon, Mr. Chairman and members of the Commission. Lucia Dougherty with offices at 333 Avenue of the Americas in downtown. This is -- after 10 years of litigation, it may seem as if the developer is actually snatching defeat from the jaws of victory, but in fact, what we've done is done a very creative settlement that is a win -win for the developer, as well as the neighborhood and the City ofMiami, and it's made possible because of your vision in connection with the historic properties and allowing the development -- or allowing the sale of TDRs, or transfer development rights. And it's also made possible by the creativity of the developer and the owner, Avra Jain, who is here with me today. She has actually bought five motels in the neighborhood and two residential buildings, and she's actually changing the complexion of this neighborhood building by building, and because of your vision in connection with the TDRs. One of the things that she has mentioned to me is that none of the renovations of these buildings -- which I passed out the papers are the vision of Dean Lewis, our architect, who is also here -- none of this would be possible, because you can't get financing on the boulevard to buy a abandoned motel and renovate it for $175, 000 per unit when the banks are going, "But the rent in that area is $75 a night, so how are you going to be able to make money?" And she can talk about that, but without your TDRs, this wouldn't be possible. So with that, we would support and urge your approval. Chair Gort: Thankyou. Yes, sir. Elvis Cruz: Thank you, Mr. Chairman. Elvis Cruz, 631 Northeast 57th Street. I'm with the Morningside party, and l just want to thank some very important people: All the attorneys who worked on this settlement, Barney, Rafael, and of course -- is Carlos here, Carlos Lago? I guess not. And a huge thank you to Commissioner Sarnoff for making the 35-foot height limit in the TDR program happen. There were those who said this would never work. One of them happens to be in the audience today, but that individual has been quite successful with the 35-foot height limit and has designed quite a few projects, and so I'm hoping that his success will make him see the light. And last and most importantly perhaps, I want to thank Avra Jain for being the visionary historic preservation developer. When we were planning this, we always knew that one day, our prince would come; turned out to be a princess, and there she is. And she now has, I think, five different motels that she has bought, and the TDR program is making their rehabilitation happen, and that's a wonderful thing. I have our signed notarized copies, and once you guys vote it in, I'll be handing them out. Thank you very much. Chair Gort: Thankyou. City ofMiami Page 46 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Suarez: Move the item. Chair Gort: Any further discussion? It's been moved by Commissioner Suarez. Is there a -- Commissioner Sarnoff. Second. Vice Chair Hardemon: Discussion. Chair Gort: -- second? By Commissioner Sarnoff. Commissioner Sarnoff. Couldl be recognized, Mr. Chair. Commissioner Suarez: Yeah, yeah. Chair Gort: You're recognized. Commissioner Sarnoff. So that there's no revisionist history on this, the 35-foot height limit was something that I came into office promising and fulfilled upon with a previous Commission sitting here, and it was quite controversial, andl guess it remains quite controversial to this day, but everybody said that that 35-height limit would kill the boulevard. And instead of killing the boulevard -- and candidly, too, Elvis Cruz at that time did not think the TDR program was a good idea. But being a New Yorker, and having watched New Yorkers sell their air rights for the better part of 75 years, transfer development rights are a great resource in the historic bailiwick of how it is you can restore a city on an F-rated road, Commissioner, that we share; that if you create more height, you will create more density, something you might want, but until you have a transportation component that's going to unclog an F-rated road, probably want to go with the historic, 'cause I only get to say this to you up here, and transfer development rights are a great historian's tool. Now you have Avra Jain come here, and want to say one thing about Avra Jain; some of you may not know this: A huge advocate and supporter of the homeless, and showed it this year at the gala for Camillus House, was -- bought a table and is a big supporter of the homeless issue, so I want to give you a little bit of her charitable side. But on her development side, Avra Jain is more than capable of building a tall building. She's equally capable of seeing and foreseeing what it is that can be restored. There will be a total of seven restored motels on the boulevard. There are only 11 hotels in total on the boulevard, so more than half will be restored. And for those of you that think it is or is not important to have a $75 a night hotel room in Miami, it brings a different mix, a different category of visitor, and it allows for a better mix and better representation of tourism or even of people who wanted to get a quick getaway from -- in Miami. And it's part of that philosophy I think that this Commission provides, and that is that Miami should be accessible to everyone; not just for the person who could spend $250 a night in the Four Seasons. I may be low on that one by the way. Commissioner Suarez: Oh, yeah. Commissioner Sarnoff. I am? Okay. Commissioner Suarez: In season, you're very low. Commissioner Sarnoff. Okay. So the 300, $400 a night hotel, but there's also a place for people with $75 a night. From a transportation standpoint, Commissioner Hardemon, it provides that the boulevard won't get worse. From an aesthetic standpoint, if you are an historian and you want to see these historic buildings repaired, replaced, fixed, it provides light. I'm reading Dean Lewis' criticism of me on -- in the Biscayne Times. Dean, probably poor job of putting it in just before I vote for something. I hate to be called a horse and buggy romantic Commissioner. Very few people would call me a horse and buggy romantic Commissioner. But I'll accept that, and I'll accept the fact that you were the biggest opposer to the 35-foot height limit, and yet, City ofMiami Page 47 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 2:00 P.M. ES.1 financially, ifI were to go into your bank account, you would be the biggest winner I've ever seen of the 35-foot height limit. With that, I would just say to the Commission, I hope you support this settlement. Commissioner Suarez: Mr. Chair, may I -- Chair Gort: Yeah. Commissioner Suarez: -- chime in? First, I want to take full responsibility for training Carlos Lago. Madam Dougherty over here bears no -- Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: No, no. Thank you. No, I -- he comes from good stock. And I think -- you know, I think this proves that when you work together -- and, you know, I want to commend the applicant. I want to commend Ms. Dougherty for working hard on this, 'cause I know this has been a long time coming, and I'm sure it wasn't easy. But there are a lot of areas that could use your magic touch, you know, the one that you've displayed in this area. And there's areas in my district, andl think there are -- you know, we have what would consider almost like a motel district on 8th Street, and that is, unfortunately, overrun by prostitution. It's been a major issue for many, many years. Andl commend our Police Department for continually trying to deal with that issue, but it's an issue that, unfortunately, doesn't go away, because you have, believe it or not, prostitutes that fly in from out of town for the season, and also understand how to manipulate the laws from different municipalities. Andl think what's needed there is something -- a diametric change, like you were pushing for in downtown. There's going to need to be a visionary like you that's wants to assemble them and remake them and change the culture so that, you know, people who are breaking the law are not -- don't feel invited or don't feel encouraged to utilize those facilities or utilize those properties. So, you know, I'm hopeful that we have a savior such as yourself that gets interested in that area, because it's an area that I think has a lot of promise and l think can be very, very profitable if you can convert -- that picture there says a thousand words; you know, changing what it is to what it's going to be. And so I commend also Mr. Cruz for his continual emphasis and open-mindedness, because, again, to come up with a settlement, that means that both sides, to a certain degree, are not maybe getting 100 percent of what they want, but they're being reasonable, and they're looking forward and saying, you know, "We need to get past this." So I commend you all for your cooperation and your collaboration. Chair Gort: Any further discussion? It just shows to you that people have to work as a group. I mean, a lot of times when people come together and they -- every time I'm going to have a meeting, I want to ask the individuals, `Do you want to do it, or you don't want to do it?" If you want to do it, you come out with a thousand ways how to do it. If you don't want to do it, you're going to do the same. So let's not waste any time. If we want to do it, let's sit down and let's get it done. Now, I can assure you, we got a lot of historic sites within the City ofMiami and you're welcome to come to all our districts. We'd be more than glad to work with you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Dougherty: Thank you, and Happy New Year. EXECUTIVE SESSION EXECUTIVE SESSION City ofMiami Page 48 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01431 Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2013]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES 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. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO GORT, MARC SARNOFF, FRANK CAROLLO, FRANCIS SUAREZ, AND KEON HARDEMON; THE CITY MANAGER, JOHNNY MARTINEZ; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY EMERITUS, WARREN BITTNER; THOMAS SCOTT, ESQ., AND SCOTT COLE, ESQ. 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 ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 13-01431 Memo - Office of the City Attorney. pdf 13-01431 Notice to the Public.pdf DISCUSSED Chair Gort: Any Announcements from the State Attorney -- from the City Attorney's Office? Victoria Mendez (City Attorney): Thank you, Chairman. Thank you very much. It's a statement regarding our shade meeting today on January 9, 2014. On December 12, 2013, under the provisions of Section 286.0118 Florida Statutes, I requested that this Commission meet in private to discuss pending litigation in the case of Michael Pottinger, et al., versus City ofMiami, case number 88-2406, Civil -Moreno, pending in United States Court, Southern District of Florida. The City Commission approved our request, and we will, at approximately 2 p.m., commence a private attorney -client privilege session under the parameters of the Florida Statutes as described. The private attorney -client session will conclude at approximately 3 p.m.; at which time, the regular Commission meeting will resume. The session will be attended by the members of the City Commission: Chairman W fredo Gort, Vice Chairman Keon Hardemon, and Commissioners Marc Sarnoff, Frank Carollo, Francis Suarez; the City Manager, Johnny Martinez; myself, the City Attorney; Deputy Emeritus Warren Bittner; and outside counsels, Tom Scott and Scott Coal. 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 litigation. Thank you so much. Chair Gort: Okay, my understanding, we have another meeting also. Ms. Mendez: Yes. We have executive labor session, but that one we don't have to announce, but we do have it. That's at 1: 30, Mr. Manager, 1: 30? Chair Gort: Okay. My understanding is, at this time, we're almost finish. We only have two items left, which is PZ (Planning & Zoning) items? City ofMiami Page 49 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 RE.6 13-01431a Office of the City Attorney ToddB. Hannon (City Clerk): Correct, sir. We have some PZ items, RE.6, andPH.7. Chair Gort: All right. I'd like to come back at 3, andl think we could take over the -- we can finish within the next two hours after 3, okay? Ms. Mendez: Okay. Now -- Chair Gort: We're coming back at 3. Ms. Mendez: -- just to confirm, coming back at 3 and then going to our session? Chair Gort: (UNINTELLIGIBLE), yes. Ms. Mendez: Okay, so then I would just like to clam then our shade meeting will start at 3 o'clock. Chair Gort: Correct. Ms. Mendez: Okay, and then what about our executive session? Chair Gort: Right afterwards. Ms. Mendez: Right after? Chair Gort: Um-hm. Ms. Mendez: Okay, I just wanted to clam. So everyone will go directly to -- upstairs at 3 o'clock. Chair Gort: Correct. Ms. Mendez: Thank you so much. Chair Gort: Thank you. END OF EXECUTIVE SESSION RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ADDENDUM TO SETTLEMENT AGREEMENT, DATED DECEMBER 11, 2013, IN THE CASE STYLED MICHAEL POTTINGER, ET AL. V. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 88-2406-CIV-MORENO. 14-01431a Memo - Office of the City Attorney. pdf 14-01431a Legislation.pdf 14-01431a Exhibit.pdf 13-01431a-Submittal-Commissioner Hardemon.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff City ofMiami Page 50 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 R-1 4-0022 Commissioner Sarnoff. I would move, Mr. Chair, RE. 6. Commissioner Suarez: Second. Chair Gort: Been moved and second. Discussion. Renita Holmes: Are we on RE. 6? ToddB. Hannon (City Clerk): Yes, ma'am. Ms. Holmes: I believe RE. 6 is the item regarding Pottinger. Chair Gort: Yes, ma'am. Ms. Holmes: It's going kind of fast all day. I really wanted -- andl had some initial concerns. My name is Madam Holmes, for the record, with the Women's Association Alliance Against Injustice and Violence. We are responsible for the assertive program, and it's in a strategic community emergency response to intervene on violent epidemics and experience. But coming out of public housing and dealing with homeless, disabled, and the women particularly in downtown and Overtown currently, being a woman that has come from the pavement to the podium myself, I am -- actually I'm a graduate or a participant in the Camillus House program; it's wonderful. One would think that because of my economic status, that that's not possible. So this is something that's been ongoing, but now I've moved to becoming a service provider who has had that systematic experience, but being a resident and a service provider that intervenes with women on a daily basis, we have a problem with culturally competent policing or community -oriented policing that's gender specific. The ratio of homeless shelters available to women in the Pottinger case would be highly increased. I notice here that the language specifically states that when a woman -- and I'll be more specific -- is told to continue to move on or is offered an available shelter; if not, they may be arrested, quote unquote, and some of this language is repeated. My concern is if nine men out of ten are given a hundred mats, then that one woman will be given an opportunity, but the other women, which are now three to one that I count in the Overtown area that I service of about four to one have -- more likely will be arrested or placed somewhere else, because there is not that much shelter available. The ratio is nine to one. So I question the fairness of this. Will it meet the needs? There is no direct ratio established, and that could be a real big concern. Will women be arrested simply because there is not shelter or specific -- gender -specific shelter available? And right now, ifI was to pull out and we was to look at the mat, Commissioners, you got them sleeping out there. I've got a nurse, I've got a veteran woman, and I've got a woman also in that area. There are two buildings that are infested that I've been speaking to the CRA (Community Redevelopment Agency) and the Code person here where the homeless women are sleeping in a one -bedroom with children and the actual family holding a lease. So there are some specifics that would not be addressed, andl believe that Pottinger was created because some folks don't understand the needs specific and the reasons why, or the stereotypes as to why some homeless women are out there, and be more even more specific why there are homeless youth out there and where there are LGBTs (Lesbian, Gay, Bisexual and Transgendered) out there. And these are the cultural issues that we face in dealing with one another, whether it be religious or policing. But if I'm -- I don't have a place to go that is receptive for me, if the ratio is already high, what am I going to do? And for me as a service provider who has a gap in ascertaining CDBG (Community Development Block Grant) funding, I'm -- I don't know if that $693, 000 on Pottinger is going to go to service providers like myself that intervene until we find enough shelter for them. I don't know if Code Enforcement and some of the Building managers are going to have -- be punitive towards the women that are providing temporary housing for them, so it's a bigger issue than you know, and it's not specific enough in the language. And as we do this right now, I'm very concerned, because there could City ofMiami Page 51 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 be more women that could be just like me. You understand? Chair Gort: Yes, ma'am. Okay, in conclusion. Ms. Holmes: So in conclusion, I need to ask a question. What is the ratio of these mats that will be dedicated in the addendum? And what other initiatives do we have available to coincide for the community education specialist and any -- and last question. Chair Gort: Let me answer -- Ms. Holmes: I know, because I only get a minute. Chair Gort: Well, let me answer your question. Ms. Holmes: Yes, sir. Chair Gort: My understanding is there's no ratio set up at this time. Ms. Holmes: Yes, sir. Chair Gort: My understanding is we're going to be negotiating with the people that are going to provide the assistance and that -- that will come into that, okay? Ms. Holmes: And so, I -- Chair Gort: Your opinions will be taken into consideration, and the discussion that we going to have in the -- what do you call them? -- coming to an agreement with the parties that supply the beds. Ms. Holmes: Thank you, Mr. Chair. It's just my concern that for every woman that you may find single out there, there's a -- matter of fact -- they're not my opinion, as well as my experience as a woman, particularly an African American woman in that inner-city situation -- it affects a child, and so it's really my concern that we're going to suffer more injustice as women and homeless women that we're already suffering now while everybody else is negotiation when foresight can really -- and it's sad to me, because this is what pushes HIV (Human Immunodeficiency Virus). This is what pushes sexual transient, and this is so unfair, and this is not what we're seeking. We're seeking to be justified. I believe that we need an emergency roundtable on this issue, because taking care of one issue with a consent decree may lead to us having civil implications with another one. Chair Gort: Thank you. Ms. Holmes: Thank you. Chair Gort: Anyone else? Anyone else? Close the public hearings [sic]. Any discussion? Any discussion from the Commissioners? Yes, sir. Vice Chair Hardemon: This is directed towards the City Attorney and also towards the Commission. I understand that in reading this document that -- well, I understand that counsel will file a motion in court to clam paragraph 14(c)4, which is page 5 of the addendum to include the correct statutory references for lewd and lascivious actions on persons and children. And with that being said, I've included a draft writing of what that language would look like, and I can pass this to the Clerk so the Clerk is aware of what is -- what I'm bringing forward towards this body to be noted, and that is all. City ofMiami Page 52 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Okay. Any further discussion? Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 13-01443 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. BC.2 13-01242 APPOINTEES: 13-01443Arts CCMemo.pdf 13-01443 Arts Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Keon Hardemon Commissioner Frank Carollo Note for the Record: Per Miami City Code Section 2-33(k), Item BC.1 was continued to the February 13, 2014, Regular Commission Meeting. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 13-01242 Audit CCMemo.pdf 13-01242 Audit Current_Board_Members. pdf NO ACTION TAKEN NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Note for the Record: Per Miami City Code Section 2-33(k), Item BC.2 was continued to the February 13, 2014, Regular Commission Meeting. BC.3 RESOLUTION City ofMiami Page 53 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01243 Office of the City Clerk BC.4 13-00501 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Frank Carollo 13-01243 Bayfront CCMemo.pdf 13-01243 Bayfront Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.3 was continued to the February 13, 2014, Regular Commission Meeting. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: William W. Riley, Jr. Commission -At -Large 13-00501 Civil Service CCMemo.pdf 13-00501 Civil Service Current_Board_Members.pdf 13-00501 Civil Service Exec Sec Memo.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez R-14-0016 Chair Gort: BS. 1 [sic]. Oh, discussion at 2 o'clock. Victoria Mendez (City Attorney): Chairman, I need to -- Chair Gort: RE. 6. Ms. Mendez: Oh, okay. When we break -- right before we break, I need to read that notice to the public on the executive session, but right before we break is fine. City ofMiami Page 54 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Okay. So next we go to board appointments. Nicole N. Ewan (Assistant City Clerk): Good morning, Commissioners. Let's start with BC.4, Civil Service Board. Vice Chair Hardemon has proffered the appointment of W -- William W. Riley, Jr. Commissioner Carollo: Second. Ms. Ewan: Do I have a motion? Chair Gort: All in favor? Commissioner Sarnoff. I'll be the mover. Commissioner -- Chair Gort: Second? Commissioner Sarnoff. -- Carollo will be the seconder. Chair Gort: All in favor, state it by saying "aye.' The Commission (Collectively): Aye. Ms. Ewan: Thank you. BC.10, Equal Opportunity Advisory Board. Commissioner Carollo: Madam Clerk. Ms. Ewan: Yes. Commissioner Carollo: I thought when you proffered the motion, it was -- Vice Chair Hardemon: Yeah, I -- Commissioner Carollo: He -- yeah, I thought he submitted it in writing, so you proffered the motion -- Ms. Ewan: I apologize. Commissioner Carollo: -- that he did it in writing, so he made the motion. Ms. Ewan: Thank you for the clarification. Commissioner Carollo: I was seconding. Vice Chair Hardemon: So can we correct the record to reflect that? Ms. Ewan: Absolutely. Commissioner Sarnoff. I'll withdraw -- well, motion to reconsider. Vice Chair Hardemon: You don't have to withdraw; the motion is already on it. The motion is already on the table. Ms. Ewan: It's not necessary. We can show it as is. Thank you. BC.5 RESOLUTION City ofMiami Page 55 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01445 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) 13-01445 CEB CCMemo.pdf 13-01445 CEB Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Frank Carollo Commission -At -Large Note for the Record: Per Miami City Code Section 2-33(k), Item BC.5 was continued to the February 13, 2014, Regular Commission Meeting. BC.6 RESOLUTION 13-01446 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. BC.7 13-01245 APPOINTEES: 13-01446 CRB CCMemo.pdf 13-01446 CRB Current_Board_Members.pdf 13-01446 CRB Memo and Resumes.pdf NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez Note for the Record: Per Miami City Code Section 2-33(k), Item BC.6 was continued to the February 13, 2014, Regular Commission Meeting. RESOLUTION City ofMiami Page 56 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 13-01245 CSW CCMemo.pdf 13-01245 CSW Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.7 was continued to the February 13, 2014, Regular Commission Meeting. BC.8 RESOLUTION 13-01246 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.9 13-01248 Office of the City Clerk APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Frank Carollo 13-01246 CTAB CCMemo.pdf 13-01246 CTAB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.8 was continued to the February 13, 2014, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY City ofMiami Page 57 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Ex-Officio Non Voting Youth Member) 13-01248 EAB CCMemo.pdf 13-01248 EAB Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff City Manager Johnny Martinez Note for the Record: Per Miami City Code Section 2-33(k), Item BC.9 was continued to the February 13, 2014, Regular Commission Meeting. BC.10 RESOLUTION 13-01249 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jordana Zarut Chair Wifredo (Willy) Gort Edilfa Perez Commissioner Francis Suarez 13-01249 EOAB CCMemo.pdf 13-01249 EOAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez R-14-0017 A motion was made by Commissioner Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Suarez absent, to appoint Jordana Zarut as a member of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Jordana Zarut as a member of the Equal Opportunity Advisory Board. Nicole N. Ewan (Assistant City Clerk): BC. 10, Equal Opportunity Advisory Board. Chair Gort will be reappointing Jordana Zarut with a four fifth attendance waiver. Commissioner Suarez will be reappointing Edilfa Perez. City ofMiami Page 58 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Do I have a motion? Commissioner Carollo: Second. Vice Chair Hardemon: Well -- Chair Gort: Do I have a motion? Commissioner Carollo: Okay. Mr. Chairman, hold on, hold on. Let me -- let's see what is the process. When they actually do it in writing -- Ms. Ewan: It's not a -- Commissioner Carollo: -- and you proffer, now, we still need to make the motion? Ms. Ewan: I still need a motion and a second, correct. Commissioner Sarnoff. I'll second his motion. Commissioner Carollo: So I'll make the motion. Chair Gort: Motion by Commissioner Carollo. Commissioner Carollo: Now we got it. Chair Gort: Second by Commissioner Sarnoff. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Ewan: Thank you. BC.11 RESOLUTION 13-01250 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Frank Carollo 13-01250 Finance CCMemo.pdf 13-01250 Finance Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.11 was continued to the February 13, 2014, Regular Commission Meeting. City ofMiami Page 59 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 BC.12 13-01447 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Henry Goa Mayor Tomas Regalado Bob Powers Mayor Tomas Regalado Jose Solares Mayor Tomas Regalado 13-01447 Homeland CCMemo.pdf 13-01447 Homeland Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez R-14-0018 Nicole N. Ewan (Assistant City Clerk): BC.12, Homeland Defense Neighborhood Improvement Bond Program Oversight Board. Mayor Regalado will be reappointing Henry Goa, Bob Powers and Jose Solares. Commissioner Carollo: Move it. Chair Gort: It's been moved. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second; moved by Commissioner Carollo; second by Commissioner Sarnoff. All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 13-00504 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Keon Hardemon Vice Chair Keon Hardemon City ofMiami Page 60 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-00504 MSEACCMemo.pdf 13-00504 MSEA Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez R-14-0019 Nicole N. Ewan (Assistant City Clerk): BC.13, Miami Sports & Exhibition Authority. Vice Chair Hardemon will be appointing Stephen Kneapler and also will be appointing himself, Vice Chair Hardemon, to a vacant seat previously held by Commissioner Spence -Jones. Chair Gort: There's a motion by -- Vice Chair Hardemon: So move. Commissioner Carollo: Second. Chair Gort: -- Commissioner Hardemon; second by Commissioner Carollo. Commissioner Sarnoff. You know -- couldl discuss this? Because you're putting Steve Kneapler on this, and I don't know if you're aware of the amount of negative things Mr. Kneapler has written about me that I think are unfair, and unjust, and to elevate him to a status on a board when he's equally suing the City ofMiami I think is not the appropriate thing to do. If you'd like to table this, andl will show you all of his negative comments; some of which would appear to be, I would think, to the verge of maybe mental unstability [sic]. He may want to reconsider that. Vice Chair Hardemon: Well -- Commissioner Sarnoff. It's your choice. Vice Chair Hardemon: No, no, I completely understand that. The Commissioners, we have to have some camaraderie on this dais. Commissioner Sarnoff. I agree. Vice Chair Hardemon: And I think that's one of the most important things that we need to do. I was unaware of -- I mean, 'cause there's people saying negative things about me, right? So people will write negative things about me. So if you have something that you would like me to consider, I'm willing to consider that. Commissioner Sarnoff. I don't know -- yeah, and I'm going to ask the City Attorney what the appropriate way of doing that is, 'cause you're actually in receipt of a number of them. Victoria Mendez (City Attorney): Yes. What I can say is that this gentleman does send a lot of e-mails (electronic) that are interesting in nature, definitely, but the more important thing is that he's suing the City. He is suing the City. Vice Chair Hardemon: Well, what I'd like to do then, if I can amend my motion to remove his name from my appointment as of right now, and then allow me an opportunity to actually look into the matter a little bit further, but give you the due consideration I would expect of you ifI had the same situation. City ofMiami Page 61 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 BC.14 13-01142 Office of the City Clerk Commissioner Sarnoff. Agreed. Vice Chair Hardemon: And then we'll make appointment at that time. Ms. Mendez: I can give you the e-mails -- Vice Chair Hardemon: Don't send me the e-mails. Ms. Mendez: No. Vice Chair Hardemon: Please don't. Ms. Mendez: I could show you. Vice Chair Hardemon: Right; just have them available for me, okay? Ms. Mendez: Okay. Vice Chair Hardemon: So right now, the motion should reflect just an appointment of myself? Ms. Ewan: That is correct. Vice Chair Hardemon: Okay. Commissioner Carollo: Second. Chair Gort: It's been 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 APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Carlos Arboleya Eileen Bottari Jacqueline Vega NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Chair Wifredo (Willy) Gort 13-01142 PRAB CCMemo.pdf 13-01142 PRAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff City ofMiami Page 62 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 R-14-0020 Nicole N. Ewan (Assistant City Clerk): BC.14, Parks & Recreation Advisory Board. Mayor Regalado will be reappointing Carlos Arboleya and Eileen Bottari. Chair Gort will be reappointing Jacqueline Vega. Chair Gort: Do I have a motion? Commissioner Carollo: Move it. Chair Gort: It's been moved -- Commissioner Sarnoff. Second. Chair Gort: -- Commissioner Carollo; second by Commissioner Sarnoff, any further discussion? Being none, all in favor, state it by saying "aye.' The Commission (Collectively): Aye. BC.15 RESOLUTION 13-00373 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. BC.16 13-01448 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 13-00373 UDRB CCMemo.pdf 13-00373 UDRB Current_Board_Members.pdf NO ACTION TAKEN Note for the Record: Per Miami City Code Section 2-33(k), Item BC.15 was continued to the February 13, 2014, Regular Commission Meeting. RESOLUTION City ofMiami Page 63 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Fuentes Mayor Tomas Regalado 13-01448 WAB CCMemo.pdf 13-01448 WAB Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff R-14-0021 Nicole N. Ewan (Assistant City Clerk): BC.16, Waterfront Advisory Board. Mayor Regalado will be reappointing Jose Fuentes. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez; any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: Thankyou, Commission. Chair Gort: That's it. Ms. Ewan: Oh, I'm sorry, can we go back to one more, Civil Service Board? I apologize. Commissioner Carollo: Which is what BC (Boards and Committees)? Ms. Ewan: I apologize, we're done. Thankyou. Chair Gort: Okay, there's no Civil Service? Vice Chair Hardemon: We already did it. Commissioner Carollo: We've already did it. Vice Chair Hardemon: Yeah. Commissioner Suarez: Well, we're done. Love it. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS City ofMiami Page 64 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 DI.1 13-01408 City Commission DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-01408 Cover Page.pdf 13-01408-City Manager Memo -Police Department Hiring and Staffing Update.pdf DISCUSSED Victoria Mendez (City Attorney): Mr. Chairman, may I read then -- will we be -- Chair Gort: We don't have any reports. Ms. Mendez: More boards? Chair Gort: No, no. Commissioner Suarez: No, we're done with the boards. Chair Gort: Discussion item. Commissioner Sarnoff. Are we on status of hiring police? Chair Gort: Yes. Commissioner Sarnoff. I'm sorry. So, Chief. Chair Gort: This is District 3, discussion items. Commissioner Sarnoff. I thought we were on -- Commissioner Carollo: No, this is -- Commissioner Sarnoff. -- the status of hiring -- is it `D " -- Chair Gort: Status -- Commissioner Sarnoff. DI -- I think we're on page 29, Mr. Chair. Commissioner Carollo: DI.1. Chair Gort: DI.1. Commissioner Sarnoff. Right. Chair Gort: Sorry, my apologies. Commissioner Sarnoff. Chief you want to? Manuel Orosa (Chief of Police): Commissioners, as requested last time, I submitted a memo with a little chart per each Commission meeting, the results, andl hope you had a time to review it. We have hired in the last year over 100 policemen. Commissioner Sarnoff. Okay. City ofMiami Page 65 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chief Orosa: Questions? Commissioner Sarnoff.. Yeah, I had -- do you mind, Mr. Chair? Chair Gort: Yes, go ahead, you're recognized. Commissioner Sarnoff.. So, Chief I think this is what Commissioner Suarez, myself andl think Commissioner Carollo might have had in mind with regard to letting us chart where we are, and to be candid with you, we had always been at budget at 1,144, but we're now at budget at 1,179. Chief Orosa: Correct. Commissioner Sarnoff.. We have 1,109 officers, which is, I think, the most -- apparently, we had that once before in July of 2013. Oh, no, we've been higher. We've been -- September 26 of 2013, 1,110. We're at least approaching the highest number of police officers the City's ever had before, and yet, as Commissioner Carollo would probably say, we haven't even hit the old budgeted number yet. And the reason I want to bring this to bear -- andl don't know if other Commissioners are experiencing this -- is response time. Andl don't know if you're getting complaints, 'cause I want to visit with you some response times that I've had to experience, one of which is personal to me, one of which I think every Commissioner will be very concerned about. I'm not going to get too deep into it; it's an ongoing investigation. And a couple of others that -- I know we were told things, andl want to believe our Police Department, but when somebody sends you a cell phone log and it comes off an Apple machine, which, as you know, goes on the atomic clock, which means there's no discrepancy on times, so let me go through four instances that had to experience in the past couple of weeks. So this Sunday as I said to you before, there was a driver that came in who went through the traffic circle, just managed to avoid -- well, the mom avoided getting her carriage hit -- and the driver was -- careens directly into a tree and the amount of damage is significant. And if anybody wants to see the pictures, I'd be more than glad to show them. Interestingly enough, a doctor was right on the scene -- he happened to have been the father of the child in the carriage -- and was attending to this man, seeing if he was okay, and once he realized he was okay was trying to detain him. I was out immediately; called my commander, which is the way I usually go through things; got him on the phone immediately. That happened at 7: 20 p.m. They were able to detain him for about until 7: 33 p.m.; about 13 minutes they were able to detain him. And then unfortunately, he just simply ran away. And he was saying things of the nature of "Well, you know, this is going to be my second DUI (Driving Under the Influence), 'cause I'm drunk. " And as Commissioner Hardemon would tell you, leaving the scene of an accident is a much less penalty than a second drunk offense would be. Now, to the Chiefs credit or to the Police Department's credit, they inevitably did arrest him; I believe it was yesterday at 3 p.m. But a 25-minute response time I think is a grossly inadequate amount. Then we experienced something else, andl want to bring this one to bear to you, and I'm not going to get too detailed with this, 'cause this is an ongoing investigation. But we had a woman, South Miami Avenue, Commissioner Carollo, 'cause that's very close to both of our neighborhoods; a neighborhood that think you andl would describe as a well-to-do, nice neighborhood that you would expect a woman to be able to jog down pretty safely. She was attacked by a man grabbing her crotch and her breasts, and was wrestled to the ground, but because she was a former army, or navy, or some military was able to get away from him. A bicyclist was able to track the man down. And the reason I bring this to bear to you is, again, she gets on her cell phone immediately. The police response time is approximately 20 to 25 minutes; we're not absolutely certain. But it doesn't stop there. I could go on with you with a home invasion in Coconut Grove where a perpetrator was actually in the house; again, a 20- to 25-minute response time. I could tell you another in Coconut Grove where a woman saw a man pull up and start photographing children on the street, and they immediately called the police, because they thought it was odd that a man would start photographing children on the street. That one didn't have a response time, 'cause the police never showed up, because there may have been a communication problem. They were transferred from Police to Fire back to Police, but City ofMiami Page 66 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 no one ever showed up for that. And then finally, about a year ago this last December, again, we had a burglary in progress and it took over 20 minutes for a police officer to come. Now, I could tell you -- I don't know -- as Commissioners, again, I'm an advocate of police; I'm an advocate of the adequacy of the number of police, the deployment of which we don't get into, because we're not experts; maybe exception of Commissioner Carollo. But it seems to me that the response times are problematic. Andl don't know if any other Commissioner -- because the only time we'll be able to talk about it is up here -- if you're having any kind of experiences with this. You know, you go to these community meetings, you want to support your Police Department, you want to be able for them to say, "Well, this is the call" -- "Dispatch received the call at this time; person was dispatched at this time; arrival upon the scene" -- andl think Commissioner Carollo would say -- "clear scene at this time." Great, we all got the lingo down. And this is not a criticism of the Chief 'cause one of these he's candidly admitting there was a problem. The other one, you know, whether you send a person out on a non -injury accident with a person being held is a prioritization, Commissioner Carollo, but I will tell you this: When the citizens have the fortitude and the wherewithal to hold a man for what's going to be a second DUI, you'd like to think some police officer is going to get there pretty quickly. And as the system plays out and the frustration as you being a police officer will be, he will get "leaving the scene of an accident, " and that will be a significantly less penalty. And this is something we may want to take up by the way with the legislature. Commissioner Carollo: Exactly. Commissioner Sarnoff. Agreed. Vice Chair Hardemon: But, you know, but he -- Commissioner Carollo: Maybe already. Vice Chair Hardemon: -- may not get that, because as long as he checked on the care of that person, then sometimes -- Commissioner Sarnoff. And he made a statement. He made an admission against interest, as well, Commissioner, andl don't want to get into the rules of evidence, but think when you tell a doctor, `I'm drunk andl got to get out of there, 'cause it's my secondDUl, "I would take that case to trial. But a good public defender like yourself might be able to defend. My point of this whole conversation, not to be flippant, not to -- and to take it to the serious nature of which it is, I don't know if you all are experiencing this in your districts or not. And the only time we're going to have to talk about it is the here and the now. Andl thank you, Mr. Chair. Commissioner Carollo: Mr. Chair. Chair Gort: Yes, you're recognized, sir. Commissioner Carollo: Thank you. And I think Commissioner Sarnoff is right on target. As a matter of fact, and now this is how I'm going to be able to tie into what I was trying to do during the budget. Remember that wasn't as concerned with how many officers we had; I was targeting how many are in patrol, andl did that little exercise with the City Manager and the Police Chief to see how many were in actually administration; that we could have a civilian person do that job and maybe get that person out in the -- out in patrol? That was the reason, because if you have more officers out in patrol, even if you have the same workforce but you have more officers in patrol, then you would think that response time will go down. I actually do know about the South Miami Avenue call and response time, because I also received the same -- at least -- I don't know what e-mails you received or how you received the information, but I received the same information. And what most people don't know is that I actually have been tracking response time in some areas of my district pretty much on a weekly basis. Now, City ofMiami Page 67 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 sometimes, there's a little flaw, because, you know, an officer will get to the scene and wouldn't actually -- you know, during arrival time and so forth, but you're right on target; you're right target. And that's why during the budget process thatl saidl was more concerned about the patrolling; how many officers were actually on our streets, even though, obviously, we all budgeted for additional officers. So I think you're right on target. Now is: How do we all come together and work this? And, you know, I'm sure the Chief would like to speak on this. Like I said, I've been working with Major Sanchez quite a bit and Commander Fernandez that we share, as a matter of fact; J.J. Fernandez, that commander, we share. Andl can tell you on a weekly basis I've been tracking response time and that when we were either going to meet tomorrow or Monday, and we were going to discuss South Miami Avenue even though it's not in my district, but we share that area. And that's why I guess we both get the phone call. So I think you're right on target. Chair Gort: Vice Chairman. Vice Chair Hardemon: You know, and I'd like to say just on the other side of that coin, although we are identfing times when police did not respond in the time that they want to -- I wasn't privileged enough to be here when you were doing your tracking, but inadvertently, I did my own tracking as a defense attorney, because I handle hundreds of cases. Andl will say that the police in many of the cases catch my clients when they are walking out the door. So I want to make that be known so the people who are watching this that the City ofMiami isn't lacking in its response time to the point where criminals now should feel very comfortable with what burglars call that one- to two -minute -- Commissioner Carollo: Right. Vice Chair Hardemon: -- time that they have to really commit that crime and get away. So I will say that there have been many times that I've seen that the police have responded in time. Maybe the ones that they did not respond in time there was no arrest, and that's why I didn't see those clients. But I want to be very clear that there -- I mean there are successes and there are failures, but what we want to do is minimize the amount of failures. Andl believe that the Chief understands that. So coming from myself personally, that's my goal. I want to make sure that we minimalize or minimize those failures, because a lot of times, in my community, of course, I'm dealing with a lot of crime. I know Commissioner Sarnoff andl think everyone, but especially in District 5, we're dealing with a lot of crime, and when we need the police there, we need them there quickly, and that's something that we would like to hold you accountable for in implementing the best procedures possible to make sure that that is a reality. Chief Orosa: Yes, sir. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. Andl want to commend the Chief and his assistant, because they sent a memo that we were requesting with the boxes and with all the things categorized, and so I think this provides a good baseline for the discussion, because I think what -- as policymakers, what we have an opportunity to do is allocate resources to try to change these numbers; not that we necessarily get into the nitty-gritty of saying -- although I think we have an opinion, because we're on the street. All of us are on the streets in our neighborhoods, and we are all -- either whether it be because we drive and live in our neighborhoods, or because we go to community meetings in our neighborhoods, so we have our ear to the grindstone just as much as anyone else. But there are a couple of things thatl want to suggest as revisions. One is when you look at the chart on the second page and on the legend, which I think is great and that's exactly what we're asking for, but precisely for this reason, I City ofMiami Page 68 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 wanted to be able to identify things and maybe ask for tweaks so that we can be on the same page. When you talk about patrol and then you -- which is the one I think we're the most interested in as Commissioners, and it says here, `Includes all uniform personnel assigned to the various NETs (Neighborhood Enhancement Teams), " that's okay, but I would like it to be a little bit more of a comprehensive explanation of what 'Patrol" is; in other words, a more comprehensive breakdown. For example, that means, you know, that means uniformed officers; that means sergeants; that means lieutenants; that means NROs (Neighborhood Resource Officers); that means commanders. Chief Orosa: Beats. Commissioner Suarez: Beats, exactly. So maybe just -- Commissioner Carollo: IfI may? Commissioner Suarez: Yeah, yeah, yeah, go ahead. Commissioner Carollo: I would like to interject and maybe -- and -- again, I don't like to write anything up here without going through the City Attorney, but available for calls. I think that's a main key. Are those people available for calls? In other words, if someone calls 911 because something is going on, is that unit available to take that call? Andl think that's where patrol is a main issue, because you have calls waiting or -- in every single one of those instances that I'm sure Commissioner Sarnoff mentioned, someone called the police. So if those units are available to take that call, they could listen to the radio and take that call, andl would consider that patrol unit. But if they're in the NET (Neighborhood Enhancement Team) office and they're not listening to the radio, they're not going to take that call because they're in special details. That's where it gets a little -- are they patrol or not? Commissioner Suarez: Correct. Chief Orosa: Commissioner, usually, the way it works is that patrol officers get dispatched. If they're busy, then beat officers get dispatched. Beat officers get dispatched within their beat. If everybody's busy, the NROs (Neighborhood Resource Officers) will get dispatched, sergeants will get dispatched, all the way up to -- Commissioner Suarez: And commanders. Chief Orosa: -- lieutenants. Commissioner Carollo: Right. So they would take calls? Chief Orosa: Yes. Commissioner Suarez: And I've seen -- and then there's another level, which is what would consider the proactive commander, andl've only seen a few commanders in my four years that are so proactive that they, themselves are patrolling the NET area or whatever their area, and they, themselves -- not even dispatched. I mean, they're pulling people over for traffic infractions, people that don't belong in a certain area. I mean, I have actually seen commanders -- and it is, unfortunately, too few and far between -- where they are actually working constantly and they're, you know -- andl've been walking door to door campaigning, andl see them pulling people over, and then I'm too late -- two days later, I'm walking two blocks away and they're still pulling people over. And it's unfortunate that, you know, that not everyone is like that, but that just goes to the differentiation in work ethic between one employee and another, which we should always be advocating for the optimal, of course. The other issue I have is when you look at -- and again, this is why this is so important to put this the way that it is to see the information. City ofMiami Page 69 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 When you look at it, there's a couple of statistics that stand out at me. One is the actual number. If you look at the actual number from May 9 of 2013 to December 12 of 2 -- the whole -- almost a whole year -- well, three quarters of the year -- the actual numbers only change by eight, okay? So the whole genesis of this discussion, if you go all the way to the extreme right, is the officers per thousand residents, which you guys have essentially between 2.66 and 2.68. I mean, it's not really fluctuating because we've only changed by eight officers. I think the policy of the prior Chairman that I supported and that I want to budget for and continue to support is to get that number from 2.66 to 4.0. That's the number where we feel -- not only on a cost -for -service basis; you eliminate these 20-minute delays, or whatever the case may be, or having to prioritize, and did they make a judgment call on the priority as to whether something is --? But I think the secondary aspect is presence. I don't think there's any Commissioner up here who hasn't gotten elected walking door to door. I personally know that every Commissioner out here has walked door to door, andl guarantee you -- 'cause I've walked in all the districts as well -- that one of the things that constituents continually bring up is presence, "We want to see police presence." Andl think that number -- the magic number of four was supposed to be reflective of the ideal in terms of cities in this country that have such a strong presence of police officers in our community that there's -- it creates a massive deterrence. So criminals, that one- to two -minute window that Commissioner Hardemon is talking about, they don't think that that window exists, so they'll go to another city where it does, okay, Miami -- whatever the city may be. I'm not even going to name other cities because then I don't want to offend anybody. There's 33 other cities in Dade County. But we all know that crime is an opportunistic endeavor, and what you're talking about now in terms of response time in your district, I'm not feeling it in mine. I'm just being honest with you. I haven't gotten those complaints in mine. But what happens, sometimes I get complaints in Shenandoah and no complaints in Flagami. Then we get the -- we send the PSTs (Problem Solving Teams) in there. You know, we bring the horse -mounted police, and then the complaints go away from Shenandoah, but then they pop up in West Flagami. So the same thing goes for the City. Maybe we're not seeing so much -- you know, I'm not getting at this particular moment, this portion in time any complaints on the Coral Way area, which, by the way, there were times where I would get a flood of complaints about break-ins in the Coral Way area. I mean, it was just constant; three meetings a week, but it's flaring up, obviously, in your district. So that's why we're a collegial body. We have to -- that's why this chart is so good, because -- and this discussion is so needed. So I commend you for continually bringing it up. And please make those tweaks, andl think we'll keep tweaking it. Commissioner Sarnoff. Please remember -- Chair Gort: Chief -- Commissioner Sarnoff. -- I apologize, Commissioner, but -- andl apologize, Mr. Chair. Please remember your statement: "We got to get to four." Commissioner Suarez: Yeah. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Commissioner Suarez: That's what we're promising the community too. Commissioner Carollo: I mean, I just want to throw out -- throw this out there for the police chief and again, I'm just looking at efficiencies also. Chief I don't know where we are with PSAs (Public Service Aides). I don't know how many PSAs we actually had a few years ago versus what we have now, but PSAs is a good way to -- for them to handle -- I wouldn't say routine calls, but be able to handle some of the calls where they could do the actual reports and have police officers be available for answering calls. So I don't know -- so, again, I don't -- you City ofMiami Page 70 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 know, I don't know if you're prefer -- I mean, prepared for this question or not, so I don't want to, you know -- but I just want to throw it out there, andl want to see if we could look at that to see where we are with PSAs also. Chief Orosa: Commissioner, PSAs are -- we have a budget of I believe, 75 PSAs, and we are 13 shy, which are in the academy. They graduate on the 28th of this month, and they'll be out on the street, and we'll be fully staffed on PSAs, which are distributed among the three police districts almost equally. Commissioner Carollo: And let me ask you something. A few years back, where were we with PSAs as opposed to now? Are we the same level? Chief Orosa: Yes. We were at 75 since probably ten years ago. I remember, you did a big push to get PSAs back. And at that time, I think we were like around 20 or something, and through the efforts of Commissioner Sarnoff, the budget went up to 75, and we've had 75 for a long time. Chair Gort: They could be very helpful. Commissioner Carollo: Yeah. Chair Gort: Chief at the same time, the biggest complaint I get a lot of times is the attitude of the police officer responding, even when they respond late. Andl compare this to emergency hospital. When you go to the emergency room and you have a cut, and they have people with heart attacks and people with all kinds of very difficult treatments to take care of and they start taking those cases first, and you with a cut, takes a little time. But the nurse comes and say, Look, we apologize." A lot of times the respond that I get is the call -- and I understand for a police officer, if car broken into is something that they see constantly, they see all the time, and sometimes they come to the -- and the guy who they -- whoever they break their car or they walk -- they rob their home, they feel like they being raped. To them, it's very intimate. It's -- to a police officer, it might be something that he deals with every day. Sometime they respond like, "Well, I don't even know why we do this; we're not going to follow it up." Andl think that kind of answer is just wrong. Chief Orosa: Yes, sir. Chair Gort: It gives a wrong impression, if you come in late, which you have to because you have other emergency; you're going to take care of the other emergency, but at least when you come in, be courteous. Chief Orosa: Yes, sir. The -- ifI may a little bit. This is just the first. If you all wish to tweak it, if you all wish to add columns, please feel free to get a hold of me and I'll be more than happy to add whatever columns you want to see. The other thing is in the column where it says "academy," this is the future of what we're going to be getting into patrol shortly. Some of them are certifieds that will be there shortly; some of them are people in the academy that will be there within a few months, so that is the promising outlook. They're all in the 50s and 40s, as you can see. The other thingl want to mention is going back to the couple of incidences, I -- first of all, I don't want to make any excuses about the Police Department, about calls, or about anything. I just want to shed some light. On the first issue, the one of the jogger, there was a screw -up. The lady was jogging, giving directions, and the person taking the call thought that "Wait a minute. If you're going to be here, then the policeman can show" -- instead of just sending everybody to the area and converge on the area and then figure it out when everybody's in the area, so that's one of the screw -ups there. The -- on the other one, the one that the Commissioner of the DUI that's being held, we did arrest him on Wednesday. His past -- he doesn't have any DUIs in his past. All he has is traffic stuff that he hasn't paid and that's why his license was suspended. City ofMiami Page 71 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Sarnoff. I know he's on probation or he's on a pretrial detention program. Chief Orosa: He was on pretrial based on some monies he hasn't paid, and his license was suspended. He wasn't supposed to be driving. Maybe the reason he said "This is my second DUI" is to get the sympathy of the people so he wouldn't go to jail, or something like that, but no. And that, again, no excuses. All our Coconut Grove units were tied up on different calls. We went to cross dispatch and steal some of the Coral Way units to go over there, and they were tied up, so they wound up dispatching a sergeant, and that's what added to the delay of the calls being there. Commissioner Sarnoff. But if you just hold that thought. Is that all right, Mr. Chair? Chair Gort: Sure. Commissioner Sarnoff. If you just old that thought for a moment, isn't that what concerns Commissioners, is that, you know, all right, all of Coconut Grove is tied up, then we went to Coral Way; all of Coral Way is tied up, so -- Commissioner Suarez: So there's not enough. Commissioner Sarnoff. Right. Is that not --? Commissioner Carollo: And again, that's why we need more in patrol, and that's where I want to know who can handle calls. Was there, you know, an officer in a NET office? What, you know -- Chief Orosa: This was a Sunday so -- Commissioner Carollo: -- motors -- you know, motors, specialized units, K-9? I mean, if they're out there, they should be able to handle a call. Chief Orosa: If they're out there, it's on the dispatcher screen, and she will try to dispatch whomever. And then, if nobody's available, they'll go next door. If nobody's available, then the sergeant goes. Commissioner Suarez: Mr. Chair. Chief Orosa: And if the sergeant's not available, then the lieutenant goes. Chair Gort: You're recognized. Commissioner Suarez: Thank you. There's another category here that don't know if it merits a separate column, but on leave, if people are on administrative leave, they're not available obviously, and they're -- I don't think that's in here. I don't know if you want to put it in separation, because it's not really a separation. Chief Orosa: Okay. I'm sorry. Commissioner Suarez: When you're on leave, when an officer is on leave, like when you put him on administrative leave, for example, pending an investigation, they're in uniform; sometimes it's paid leave. Sometimes it's unpaid leave, but -- Chief Orosa: Those will be characterized under "administrative." Commissioner Suarez: Okay, so they go in administrative. So if somebody's on leave, they're in -- like in a support function basically, is what you're saying. City ofMiami Page 72 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chief Orosa: Right, right. It's like, for example, when Officer Plas went to the military, he's covered under administrative. He's not covered under patrol or anything like that. Commissioner Suarez: Or if somebody's suspended? Chief Orosa: They -- administrative because they are assigned to Internal Affairs. Commissioner Suarez: Okay, but they're just suspended. They're not actually working. Chief Orosa: No. Commissioner Suarez: Okay. But they are being put in this box, is what I'm trying to -- Chief Orosa: Correct. Commissioner Suarez: I'm trying to make sure that they're being accounted for. Chief Orosa: They're put in the appropriate box of -- Commissioner Suarez: Okay. Chief Orosa: -- not doing a certain function. Commissioner Sarnoff. What box is that? I'm just curious. Where --? Commissioner Suarez: He's saying "administrative. Commissioner Sarnoff. So where's there an "administrative" box? Am I missing something? Chief Orosa: It's under the support. Commissioner Sarnoff. Oh, support. So "support" means -- oh, includes that -- Chief Orosa: If you are relieved of duty -- Commissioner Sarnoff. I got it. Chief Orosa: -- you're assigned to Internal Affairs -- Commissioner Suarez: So -- Chief Orosa: -- so you go under the investigative. That's -- Commissioner Suarez: -- maybe the better thing to do is to expand that definition a little bit and include in that definition including, you know, officers that are on leave, whether they be paid leave or unpaid leave, or suspended or not suspended, or however you want to describe it. Commissioner Sarnoff. Couldl refine your recommendation there, Commissioner? 'Cause maybe one of the things we want to track and pattern is how many officers are under some sort of a leave for disciplinary reason that are not available. 'Cause I'd like -- 'cause I'd love to be able to say to a citizen, you know, "All your cops are -- all cops are corrupt. Well, no. Actually, you know, of an 1,179 man force, there's only 11 or 5 or 6 --" Chief Orosa: Right. City ofMiami Page 73 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Sarnoff. -- or -- Right. Chief Orosa: We -- I will add the category of "ROD," which is "relieved of duty." Commissioner Sarnoff. Okay. Chief Orosa: And we'll separate that from the investigative function. Commissioner Sarnoff. Fair enough. Chief Orosa: And you wished one for administrative leave or just leave in general? Commissioner Suarez: I mean, I just -- I think it needs to be accounted for. I just wanted to make sure it's being accounted for and described, because I think, you know, had we not asked the question, we would not have known what box it was in, so we just want to make sure. Because what happens is in any given moment, you may have in our district -- in my district, a certain number of officers assigned, but maybe some of them are on leave. To really go to the next level to see how many officers are available for patrol, we would have to know -- and this is more of a revolving number, because this changes on a daily basis -- who's sick, who calls out sick, for example, because you might have, you know, six officers on patrol, but somebody might call out sick, and to what extent does someone calling out sick or taking a vacation day or a personal day, does that affect the numbers if somebody can't come in and backfill. Chief Orosa: Well, that's going to be more problematic because -- Commissioner Suarez: I know, I know. And that's why I'm saying -- I'm not necessarily going there right now. Chief Orosa: Yeah. Commissioner Suarez: Cause that's more of a daily -- Chief Orosa: Right. Commissioner Suarez: -- resolving, every -- that would be more like maybe one day during a month snapshot and getting a sense, rather than this is more of a 50, 000 foot perspective. Chief Orosa: Right. This is -- on the date in question -- is a photograph of what we have. Commissioner Suarez: Agreed. But I think -- what I'm saying is that this is more -- this is better for setting policy, like we're looking at these numbers and we're going to set policy, and we're going to set a goal, which is we want to be at 4.00 and that means that, you know, the Vice Chair's math -- I mean -- I'm sorry. Commissioner Sarnoffs math, if it's correct, then we need to hire 100 officers a year for three years. We'll get to that magic number. That's how we're setting our policy. And then we're monitoring that with this chart. Going deeper into the analysis, we can say, you know, on a monthly basis, give us a month snapshot of you know, how often people call in sick, how often people take leave; how often people, you know, take personal days, or holidays, or whatever so we can get an even deeper picture of what our staffing level is if some of those positions, for example, may not be backfilled Chief Orosa: Okay. Commissioner Suarez: Do you get what I'm saying, Commissioner? City ofMiami Page 74 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Sarnoff. I'm -- here's what I'm taking you're saying. Is that okay, Chair? Chair Gort: Recognizing -- yes, sir Commissioner Sarnoff. I think what -- you're saying there could be a category we could monitor that may actually suggest morale. Commissioner Suarez: You know, I think morale is different, because morale talks about the effort that people put into a given day; whether that fictitious commander is pulling people over or not; whether somebody is being nice, as Commissioner Gort said, and treating a resident with respect. Those are not quantifiable. I think it's more of there's a deeper analysis where you could actually see that the staffing levels are even less than what is represented on paper, because people call in sick every day, people take a personal leave, people -- Commissioner Sarnoff. But if we saw a trend line of calling in sick and it was going up, isn't that suggestive of morale, unless there was a virus going around? Commissioner Suarez: You have a finite amount of sick days. Chair Gort: Or policy changes that needs to be taking place. Chief Orosa: What I can tell you is that we have -- in patrol, we have what we call our minimum staffing. It's a staffing that we have established through the years to make a safe level for the officers, because you don't want to be so short that the officers are in danger, as well. And then, based on that minimum level, if we go below it, we bring people in on overtime. And the reasons why we go below it, people are on vacation and then people call in sick; we may go lower, so we bring in people on overtime. Commissioner Suarez: And that's a very good point that the chief is making because there -- aside from -- different from the Fire Department that does shifts differently, the Police Department does an 'A," a `B, " and a "C" shift on a given day, so they can pull people from another shift in overtime to meet that minimum staffing level. Chief Orosa: Correct. Commissioner Suarez: But that's also indicates another issue that's absent in these numbers, which is that when you look at the patrol number, you're not dividing it by shift. You're saying the aggregate number of officers on patrol, not per shift. So part of -- maybe having the minimum staffing level on this chart is a good idea, but we as a policy body and as policymakers may want to increase the minimum staffing level and say, "You know what? If it's, I don't know, 355 for the City as a whole -- " I forget what the number was the last time that we were told what the number was -- maybe -- Chair Gort: That's another discussion, I can tell you that. Commissioner Suarez: Right. Chair Gort: Vice Chairman. Vice Chair Hardemon: I want to be very clear, Chief. Where you have the support, where it says, "It includes all other officers that support the core functions of the department, such as training, communications, and backgrounds." So these are uniform officers that are not on patrol; am I correct? Chief Orosa: Correct. City ofMiami Page 75 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Vice Chair Hardemon: Okay. Now part of our discussion with all of this is putting more officers on the street, including -- meaning, increasing the number of patrol officers. Chief Orosa: Correct. Vice Chair Hardemon: Now, in doing this -- when I read through the dates up until 12/12, 2013, I see an increase in patrol officer where you're going from 614 to 624, and as you stated earlier, we have a pipeline of officers that are in the academy that should be coming out to be dispersed. Chief Orosa: Yes, sir. Vice Chair Hardemon: Now, I think you are doing what we are requesting in the sense of putting more officers on patrol, but it seems to be that we could do it at a greater pace. Because when I look at the support section, that also increased from 117 to 127, which means that the percentages of officers that are on patrol versus those that are not is remaining the same, although they are increasing by a small minute number; whereas if, for instance, the support column -- andl can't tell you how to run your operation in that sense, but -- and that's okay -- no But. "I cannot tell you how to run your operation. What I'm seeing is that the support also went up by that same number, so that it could have been a greater increase on the patrol side if the support had not increased. So then my question is, why is it that the support column, the number of officers that are uniform there, is going up? Chief Orosa: Simple question; simple answer. We needed to beef up backgrounds in order to get people hired quickly -- quickler [sic] -- quick -- Vice Chair Hardemon: More quickly. Chief Orosa: -- quicker and put them out on the street quicker, so we went from having nine officers in background to having 20 so that we can get the process going. We used to get a list and we used to take about a year and change to go through the list. Now it takes us about four or five months to go through that list. So the more people in background gives us the more opportunity to finish faster an entire list and hire more people faster as well, so that is one of the reasons why you see that number going up -- that went up. Vice Chair Hardemon: Then -- from what you're telling me then that that increase is a temporary increase until --? Chief Orosa: Correct. Well, put it this way. It'll be an increase temporarily for the -- what I think will be the next three years, because over the next three years, we're in a complete hiring mode for the next three years because of the DROP (Deferred Retirement Option Plans) program. This year we have about 20-something people leaving; next year it'll be about 40; and the following year will be about 70 and change, so we're going to be hiring continuously. So those numbers will probably remain the same, high in 20s. As soon as the DROP gets leveled out and we don't have to hire as many people, you can go back to about eight to nine background investigators. Vice Chair Hardemon: And with that being said, there are -- I have concerns with the -- when you have patrol officers that are being trained 'cause -- this all goes back to training. We need the correct training for officers to be on the street to address the issues that the communities have. Chief Orosa: Correct. Vice Chair Hardemon: So when you have trained officers -- and you don't have to respond to City ofMiami Page 76 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 this, per se, as -- but to make it -- I want this to be noted to you. If there are officers that are being -- that are training new officers, but in fact that officer is within the first step or he's in one to two years or two years out of -- since he's been hired himself -- Chief Orosa: He becomes a trainer. Vice Chair Hardemon: He becomes -- there are issues -- there are times where that has happened. Chief Orosa: Yes. Vice Chair Hardemon: Exactly. So -- Chief Orosa: And we try to avoid it as much as possible. I know that the majority of our trainers are almost in the retirement stages, so there are some that are new, but the majority of them are, you know, old folks like me that almost about ready to go. Vice Chair Hardemon: But I like old folks like you. Chief Orosa: No. Chair Gort: Experienced folks. Vice Chair Hardemon: So with that being said, I want to make sure that the City ofMiami Police Department is actually utilizing officers who are well trained themselves to then train other people, because what happens -- andl deal with officers on the front -- well, I was dealing with officers on the front line; probably will continue dealing with officers on the front line, where you have officers that do not understand the rules and regulations as pertains to the law and they 're the ones then training a new officer who doesn't have even the heart to object to what that officer is telling him -- Chief Orosa: Correct. Vice Chair Hardemon: -- because it is against the rules, it against the law. And then when it comes to the courtroom, then we settle that issue there. So when the officers who are not properly trained are interacting with the people in our community, it creates a -- the morale is poor between the officers and the community, so we need to have officers that understand the laws, that -- and you are training -- you are well trained and you have been there long enough to train someone that's actually coming in, because when they coming in, their first time with the law, they're a bag of butterflies. Their stomach is -- this is a -- very serious job. Chief Orosa: Correct. Vice Chair Hardemon: And with that being said, I want those officers to be most comfortable and have the support that they need to address the concerns of the community. Chief Orosa: Yes. Commissioner, I agree with you. The worst we can do is having the blind leading the blind, so training officers have to be people that have years on and experience so that their wealth of knowledge can be passed on. And agree with you. Vice Chair Hardemon: Andl will say this -- and part of this is my concern. I -- when I was knocking on doors -- so I'm taking it out of my experience as an attorney. But when I was knocking on doors, I witnessed officers arrest individuals in their community where -- and when I say a community, meaning, a number of buildings that exist, so a community entails community housing area -- where the officer had full knowledge that that person lived within those -- within City ofMiami Page 77 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 that area, but arrested him for trespass nonetheless. So to put them through that process -- well, what we say, you can -- you might beat the charge, but you can't beat the ride. So the -- but to go through an arrest process, to have to hire an attorney, to vindicate yourself through the legal field, even if you don't go to trial -- maybe you will. Maybe you won't. Maybe you'll take the charge. But nonetheless, to arrest someone where they understand that that person lives in that community, that's the type of activity that we cannot have where someone's wearing that badge on their chest. When I see someone wearing that badge on their chest, I expect them to uphold the authorities of the law, and to do things and be an example for our community, and not to depress it in that manner. Chief Orosa: You're absolutely right, and that's something that should not be tolerated by anyone. Vice Chair Hardemon: Thank you. Chair Gort: Thankyou. Any other question? Yes, sir. Commissioner Suarez: Last one, which is people who are injured, they're also in the support bucket? Chief Orosa: Yes. Commissioner Suarez: Okay. Just -- can you make that notice so that it's leave and then people who are injured, you know? Chair Gort: Let me ask a question. Do you -- I don't think that's -- I saw the amount of calls you get monthly. Do you --? Chief Orosa: The amount of calls that we get yearly is close to the 400,000 level that we respond to. We received in close to over 700,000 phone calls, and we dispatch nearly 400, 000. Every year it fluctuates a little bit. Chair Gort: Thankyou. Chief Orosa: Thank you, gentlemen. Chair Gort: Thankyou. D2 -- DI.2 Commissioner Suarez: I think we should have a full Commission, 'cause this is legislative priority. Chair Gort: Yeah. Commissioner Suarez: I think we should have a full Commission. Chair Gort: Gentlemen, are we ready to discuss the legislative priorities? DI.2 DISCUSSION ITEM 13-01415 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED STATE LEGISLATIVE PRIORITIES IN ANTICIPATION OF THE 2014 FLORIDA LEGISLATIVE SESSION. City ofMiami Page 78 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 13-01415 Summary Form.pdf 13-01415 Prelim. List of State Legislative Priorities.pdf DISCUSSED Direction by Commissioner Carollo to the City Manager for the Film Director to provide a report at the next City Commission meeting of January 23, 2014; consisting of an analysis of the incentives offered by other states and municipalities, in addition to the efforts being made to promote the City ofMiami within the film and entertainment industry. Commissioner Suarez: What are we trying to do? Vice Chair Hardemon: I thought you asked for -- Chair Gort: DI. 2. Vice Chair Hardemon: -- you asked for a full Commission, right? Chair Gort: DI. 2. Commissioner Suarez: Well, yeah. I'm saying for the legislative priorities, if we're going to have a -- if we're going -- or we table till the afternoon. No? Okay. You're the Chair, sir. Chair Gort: DI. 2. Commissioner's coming in. Go ahead. Hello. Excuse me? DI. 2. Commissioner's here. We got a full Commission. Kirk Menendez: All right. Kirk Menendez, Office of the City Manager, Intergovernmental Affairs. Commissioners, before you, you have the City ofMiami's 2014 State legislative priorities. It's the preliminary list. In October, I reached out to department directors, andl reached out to the district offices to get suggestions, recommendations that could be compiled to create this list of issues that are important for the City and things that we would like to address in Tallahassee in the upcoming session. If you don't mind, I'd like to just briefly go through the list and, of course, answer any questions you may have. The first item -- and Commissioner Gort, this, I know, came from your district office, dealing with trailer parks. Basically, the way State law reads, the City is limited in enforcing its own Code against trailer park owners when there's a violation by the trailer owner. I've -- there was a change in the law just a few years ago that created this dilemma for the City. I've met with members of the Dade Delegation. Representative Erik Fresen is agreed to lead the charge and help the City resolve this issue in the upcoming session. ALFs, assisted living facilities, as you know, this is a matter that has been lingering, unfortunately, and growing in terms of problems for the City and its residents over the years. The past two years, it was anticipated, at least hoped that the House and Senate would agree on legislation that would resolve a lot of the -- and address a lot of the issues that had been reported in the media in terms of safety, not only within the ALFs but within the areas -- residential areas where these ALFs have been growing in numbers. Again, we will address this issue again in Tallahassee through the efforts of our Dade Delegation, and hopefully through their leadership, we'll be able to find common ground between the House and the Senate to move this forward. FP&L (Florida Power & Light), as you all know, the issue of utilities -- large-scale utilities being installed through the heart of the City ofMiami and other cities in our area is of great concern to our government leaders and our residents. We are supporting and the Miami -Dade Delegation has also, just as of yesterday, passed a resolution to request not only, "A," that undergrounding of these utilities be an alternative -- an alternate, but also, they are seeking as a plan "B, " that a moratorium be placed until FP&L gets the necessary permits from the U.S. Nuclear Commission. They had a meeting yesterday to discuss certain priorities, and that was discussed and approved by the Miami -Dade Delegation. Shade meetings -- this came from the Law Department -- as you know, shade meetings are allowed by State law when there is an actual litigation matter. It makes sense in today's world to modify the State law to allow for shade meetings when litigation is anticipated. There have been cases where that obviously City ofMiami Page 79 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 would have helped the City address matters before it gets to a point where there's no turning back. Pretrial detention notification: I received feedback recently, and I've spoken to representatives from the Law Department and Police Department. This basically has to do with when a habitual criminal is released in pretrial to the community, that it's difficult for police to monitor or track where this individual is and not know that he's actually been released back into the community. The feedback got is that, perhaps this is something that could be addressed in the local level and not necessarily have to go to Tallahassee to resolve it. So I've spoken with the Police Department, Law Department recently, and we're going to find a local solution. If that doesn't come up, then of course we will seek a rectification in Tallahassee. Pension: As you know, it's an ongoing battle. Pension, right now the focus for most cities -- Florida League of Cities and our City -- is we would like the City -- decisions to be made at the local level and not the State level and to allow cities to be able to continue their collective bargaining, to work out the details between the unions and the cities. There will always be and there continues to be bills that are filed to move that control away from local governments, but as you can imagine, you know in the past, there's a concerted effort among cities throughout the State to sort of allow -- not allow the State to take total control of that process. Condo Conversions: If you might recall last year, the problems with Havana Palms, the collapse of floors. What we're looking for, condo conversions, the State has to sign off on these condo conversions. Sometimes these changes to the building itself take place inside; sometimes the City's not aware or notified of these changes. The State receives a report putting the State on notice that these changes are taking place, and the Havana Palms, the changes were made, the building -- the floors collapsed; there were other problems, and the tenants suffered, and the City had to respond and help in that situation. We're seeking a change to State law to say, basically, when the State is put on notice, that the City also be put on notice; and we will also seek that the City must sign off -- provide its consent before the condo conversions can go forward, just like the State. There's a bill currently that we're seeking to amend, and it's from our own Representative Jose Javier Rodriguez, and that is HB-425. We're working with him to see if we can mod, amend his bill to add the language that would help our area and our residents. Claims bill: The Colindres matter has been back in Tallahassee for the last few years and it's back again. Senator Anitere Flores is sponsoring the bill. It seeks to lift the sovereign immunity cap, and they're seeking approximately $2 million from the City as a result of the litigation. Commissioner Suarez: How long can they bring that --? Is that --? Mr. Menendez: It's been -- this is the third year that it's back in Tallahassee. The feedback we're receiving from higher levels within the Legislature is they do not anticipate claims bills to be heard this year. Of course, as you know, as the session winds down, there are negotiations and sometimes things that you don't expect to be used as bargaining chips, they are used as bargaining chips. Claims bill could be one, but as of today, it's not anticipated to move forward, but I will keep you on notice. The remaining are the usual areas where municipalities are often targeted, local business taxes, impact fees, home rule, unfunded mandates. If you don't mind, I'd like to move to the appropriations. This year, as of -- at least as of today, we have three appropriations requests: the renovations to the Miami Marine Stadium, Hillcrest requesting $250, 000. Currently, the first phase, at least it's the reinforcement of the pillars to -- that hold up the structure itself, funds could be used in that endeavor. The next matter, we've had a series of meetings now since October with legislators, and we're also seeking meetings with the U.S. Army Corp of Engineers with regards to Wagner Creek. Seybold Canal is one of the more polluted waterways in the City. I've met with the Miami River Commission, the chairman, the executive director. We met with our local representatives. We're all on board. We're going to seek, minimum, $8 million. We've also met with the Agricultural Appropriations Subcommittee chair, Ben Albritton, in the House, and the Appropriations Subcommittee chair for general government, Alan Hays, in the Senate. There seems to be interest. We have to answer several questions that they're going to provide us. That'll come from the City departments, but we're making some headway with regards to Seybold Canal and Wagner Creek. Finally, the Olympia Theater/Gusman Center: As you know, the structure is in need of renovations. It needs to be City ofMiami Page 80 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 restored. The City's requesting $1 million. I've spoken with the Administration and the management group that's overseeing running the Gusman Center, and the money could be used for the facade, the outer elements of the building. So we're going to seek $1 million for Gusman Center. That's it for now. I'll be more than happy to answer questions if you may -- if you have them. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I want to discuss the federal legislative priorities also, but I'll leave that towards the end. I want to begin with the State that's in front of us. In the very first one, the trailer parks, you're saying that Representative Fresen is looking into this. Do you know what bill? Do you have a -- the bill that he's doing? Mr. Menendez: I met with him prior to the holidays and spoke to him yesterday. I can get the exact bill, andl will more than happy -- As of right now, there's no bills that -- there isn't a particular bill that he identified but as you know, as the -- as session goes on, there are often a series of bills, and it's identified in the bill that moves, because we don't want to latch onto a bill that dies, and hopefully, we'll latch on to one that has the possibility of moving forward, but I will provide that -- once Representative Fresen, I will communicate it to all of you. Commissioner Carollo: And on the Senate side, who will carry it? Mr. Menendez: I'm sorry? Commissioner Carollo: On the Senate side, who will carry it? Mr. Menendez: I've spoken with Senator Miguel Diaz de la Portilla on this matter. He's receptive to assisting the City with this and a few other of our issues. I met with him also right before the holidays. Commissioner Carollo: No, he's always been receptive. Mr. Menendez: Yeah. Commissioner Carollo: But would he carry it? Mr. Menendez: He said that he would. Again, if this is an amendment to a bill, it'd be helping us amend a bill, not necessary a stand-alone bill. Commissioner Carollo: Understood. With regards to the condo conversion, that's one that brought up last year and this Commission actually voted on. I never got a clear indication of what occurred, but this time you're saying that Jose Javier Rodriguez may be carrying it or amending with Bill H-425 [sicd? Mr. Menendez: Last -- yes. Last year, Commissioner, the bills that were -- at least candidates to amend the language to were -- the sponsors of the bills were not necessarily tied in with South Florida, and they were reluctant to necessarily add language that would obviously rectify a situation that South Florida's facing that perhaps they're not facing in their area. That's why it gives me hope that since Senator Jose Javier Rodriguez has his own bill and he's aware and obviously he's had discussions with all of you on City matters, then not only will we be receptive to amending the bill, but we can work together to move it forward. Commissioner Carollo: Have you spoken to any other representatives or the Dade Delegation -- City ofMiami Page 81 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Mr. Menendez: Yes. Commissioner Carollo: -- with regarding [sic] to this bill? Mr. Menendez: To this one, I've communicated not only to the Dade Delegation the priorities, but also with the Miami -Dade League of Cities the priorities, and I've notified to everyone condo conversions. Because of what happened in Havana Palms and because there -- hopefully not, but there might be other Havana Palms out there -- that this is one of the top priorities for the City, andl give you the word on that. Commissioner Carollo: And the reason why I'm asking is I want to make sure the Dade Delegation is behind this, because I'm about production. I'm about, you know, not just, once again, this is our priority and it doesn't go anywhere. And in all fairness, this is a Republican Legislature and, you know, Mr. Rodriguez -- or Representative Rodriguez is a Democrat. And the truth of the matter, I just want to make sure that this doesn't become a partisan issue; that this is both sides of the aisle coming back to this, so that's why I'm asking if you've spoken to the other representatives, if you have spoken to the Dade Delegation -- Mr. Menendez: Yes. Commissioner Carollo: -- because this needs to be a Dade Delegation issue, not just a one representative. Mr. Menendez: The Dade Delegation is having its annual meeting for local municipalities. They had one for the health industry before the holidays, and they're having their -- at that time, I will present publicly to the entire group at that time, andl will emphasize the importance, andl will use the Havana Palms, andl have printouts of the articles explaining exactly what happened to emphasize the importance. Andl agree. Unfortunately, in Tallahassee, on certain issues, the Republican/Democrat, they sort of -- they're at a standstill; neither one blinks; and unfortunately, bills that are of importance to people in the State of Florida don't move, but we will find the way. If Jose -- Representative Rodriguez' bill, we realize, isn't perhaps the best vehicle, we'll find another vehicle. Commissioner Carollo: On the Senate side, have you spoken to Senator Diaz de la Portilla on this? Mr. Menendez: Yes. Commissioner Carollo: And he's on board? Mr. Menendez: Yes. I met with him, like I said, right before the holidays. Commissioner Carollo: Okay. Just out of curiosity, with Miami Marine Stadium -- Mr. Menendez: Yes. Commissioner Carollo: -- it's approximately $30 million to either refurbish or -- maybe someone in the construction industry could use a better word. But why are we only asking 250,000? Mr. Menendez: The thought is that if the City is able -- if the State is able to show even at a minimum number, lowball, $250, 000, that they're committed -- or they identified the Marine Stadium as a viable project; that at times and as in other aspects of life, encourages or opens the door for other groups or other individuals to donate as well. You want to get -- if you can get the state of Florida to contribute that mindset is perhaps, that'll open the door for other contributors City ofMiami Page 82 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 as well. Commissioner Carollo: I just see a big disparity between what we're asking for Gusman Center and what we're asking for Marine Stadium, andl have a feeling that one is going to be a lot more than the other, so I just -- I'm not -- I don't know how these numbers came about. Mr. Menendez: If the Commission so desires, we can increase the number to make it -- I can give you feedback once we have -- we go further down the road. If a little bit more is available or we're able to tap into it, then perhaps that's the way we will go. But I understand your point completely. Commissioner Carollo: Well, when we had the item come before this Commission, I think Representative Jose Felix -- Commissioner Suarez: Diaz. Commissioner Carollo: -- Diaz -- actually, I asked him what amount, andl think -- I believe he said 225, 250, somewhere around that area, but if he already committed to that, I'm wondering why shouldn't we ask for more. You know, it's a good cause. I mean -- Mr. Menendez: Yeah. Commissioner Carollo: And it's 30 million, so -- Mr. Menendez: I'll reach out to his office this afternoon. I do recall at the moment that I think it was you, Commissioner, that addressed him in the -- when he came to speak, so I'll reach out to him and try to see which number works best. Of course, as you know, even if the Legislature approves some of these numbers, the governor -- governors in general have a tendency to veto items that are dear and near to the hearts of you know, local cities, but it is what it is. So I'm sure there's a number that works that will not only get it approved but hopefully signed off by the governor himself. Commissioner Carollo: Well, again, I'm not here to be pessimistic. And, yes, it was myself who actually asked Representative Diaz when he said that he wanted to be supportive in the Legislature, I asked him, you know, what amount. And went a step further with regards to actually talking, you know, amounts, but I'm seeing 250, and I'm wondering why aren't we asking for more because, in all fairness, they have a rather large budget. I forgot what it is this year -- 70-some billion -- andl think that, you know, we should be requesting more. Mr. Menendez: I understand andl agree, andl will reach out to the representative and work on a number that perhaps works better. Chair Gort: Let me ask a question. Commissioner Carollo: Go ahead. Chair Gort: How do you determine the amount of money that you're going to request? Mr. Menendez: Basically working -- well, when it comes to Wagner Creek, for example -- let me use Wagner Creek. Commissioner Carollo: No. You -- Chair Gort: I been requesting that. City ofMiami Page 83 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Carollo: No, no, not Wagner Creek. No. Use Marine Stadium. Mr. Menendez: Marine Stadium. Chair Gort: Marine Stadium and the Olympic. Commissioner Carollo: We all know Wagner Creek. Use Marine Stadium. Mr. Menendez: When it came to Marine Stadium, I have not only had conversation with the Administration; I had conversations with some of the architects working on the project from Friends of Marine Stadium and also spoke to the Mayor in terms of dollar amounts, and the consensus, more or less, was not to go too high just to improve our chances of getting it approved, something that the Legislature can embrace. That's where the numbers came from. I'll be honest with you, Marine Stadium's a little bit harder to find than perhaps, like you said, a Wagner Creek or other projects, but that's where it came. It came basically from having discussions with different people that are involved directly with that project and getting their feedback. Chair Gort: But at the same time, you had discussion with the legislative [sic] because they're the one that really knows -- 'cause they wheel and deal upstairs all the time, and they're willing to -- they know how much they can go and what they -- Mr. Menendez: Two hundred -- Chair Gort: -- can do and so on. Mr. Menendez: -- and fifty thousand dollars is doable, I've been told. It's something that they can embrace, something that they can push for, and they can work to get. Chair Gort: By the legislator? Mr. Menendez: By the legislator, yes. Chair Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Go ahead. Commissioner Carollo: And can I go a step further? Have you spoken to leadership? Mr. Menendez: Like I said -- well, on this particular issue, not yet. The first one we did -- and as I mentioned in my report -- was the Wagner Creek, just because that's a little bit more convoluted; DEP (Department of Environmental Protection) is involved. But we're working our way towards speaking with leadership, especially the chairs of the different subcommittees and committees who will have to sort of spearhead or allow this to move forward. Commissioner Carollo: Okay. Mr. Chairman, ifI could continue? I just want to now speak with regards to federal legislative priorities, because ifI remember correctly, when you requested state, you also requested federally, andl was very interested in federally, andl was waiting for a response before I started with the state. And l just want to, once again, ask where are we with regards to the flexibility cap up in Washington? And not only that, I've had various organizations reach out to me saying, "Hey, the City reached out to me about going up to Tallahassee" -- I'm sorry -- "up to Washington with regards to the flexibility and the cap, raising the cap, but we're not really sure what we're doing or how it's going to be and so forth. Andl City ofMiami Page 84 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 don't know if a date has been picked. Some of them told me that a date was picked, but I have not received any information on it. Mr. Menendez: With regards to a date, a date for representatives of our elected officials, all of you and the Mayor, a date hasn't been picked. I know that the director of Community Development, George Mensah, he'll be traveling within -- I believe it's the next 14 days or so as part of a conference that he's involved with. Unfortunately, on those dates, the House and the Senate are not in session, so they won't be available, though, obviously, staff is. We would like to time it when we go that they're actually representatives and (UNINTELLIGIBLE) we can have one -- a one-on-one meetings [sic]. The issue -- and just let me make a point on this issue. City ofMiami, as you all know, is unique with regards to its seniors, its senior centers. Unfortunately, not every city or state in the United States sees this as a problem for them. We are reaching out, for example, because we see perhaps common ground with New Jersey. After Hurricane Sandy, they received flexibility as a result of the disaster of Hurricane Sandy. They would like that to continue. They understand the need for it. We're also reaching out to California delegation. And this can't be a Florida or Miami issue, simply because even though we get our legislators to file bills, when it gets to a committee, you have committee members, chairs that might be from Nebraska, Oklahoma, Minnesota that don't see this as a top priority. That's why we're working to try to get a coalition within Congress that will help us navigate these waters. As you know, we've traveled plenty of times. We've come close, but these are some of the obstacles. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: You know, correct me if I'm wrong, but didn't we -- didn't the Conference ofMayors vote on this, so we have mayors from all over the nation approving this? Mr. Menendez: Yes. We had the Mayor of Los Angeles, who was the chair of the U.S. Conference ofMayors. Chair Gort: Right. Mr. Menendez: They passed a resolution. And in fact, he came down to Miami and we discussed the issue. Commissioner Carollo: So I thought everything was moving forward. Mr. Menendez: Just like -- U.S. Conference ofMayors put it as one of its priorities, but organizations in the climate of Washington, especially prior to the election -- or the re-election of President Obama, the dynamics were such between Republican and Democrat that very little moved and very few people -- legislators who were willing to move items. We did have the support of U.S. Conference ofMayors, and not only that; the U.S. Delegation -- I think it's the -- another nationwide, but because when it got to Washington and came to a vote, there was a standstill. As you recall, even the budget was held up for ransom. But hopefully, now that the election is behind us, there's more cooperation and we can get things done. Commissioner Carollo: Well, I think that's what I said. I don't know if it was a couple of Commission meetings ago. I want to know what's the plan. What's -- what are we doing? How are we moving forward? And that's where I think we need to be at, and I don't necessarily think that we are, and l just don't want to miss an opportunity. Andl don't want to be redundant, 'cause I've already said this in the Commission meeting -- I don't know -- last Commission meeting, the one before, so -- City ofMiami Page 85 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Mr. Menendez: And what we don't want to do -- andl know many ofyou have expressed the same opinion -- is to go to meetings with the same individuals to repeat the same things and come back and not get much fraction, so it's a matter identifying which path provides the greatest fraction. Andl agree with you; we have to find which path to take so we can move it along. Now is the opportunity. Commissioner Carollo: And when we will start working on the path and other path and all that good stuff? Mr. Menendez: I hope -- Commissioner Carollo: Do you have our federal lobbyists working on this. I mean, where are we? Mr. Menendez: -- to have a game plan, I would say, perhaps within the next two weeks or so. Since they just came back from the holiday break, we have to see how things are falling out in Washington. Once the dust settles, it's a little bit clearer. But once Congress sort of addresses its omnibus and all the other issues it has to do, then the dust settles and perhaps we can, at that point, take advantage of opportunities. Commissioner Carollo: And when that happens, Mr. Manager, if our legislative liaison could share it with us and have a report so we know what's going on? Mr. Menendez: Yes, sir. Commissioner Carollo: Thank you. Chair Gort: Let me add. What I'd like to see is, whatever committees that this bill will be going through, I'd like to get the members of those different committee, 'cause I've talked to several individuals that know in different states -- Mr. Menendez: Right. Chair Gort: -- that are being affected by the same bill and they can receive the benefits to make sure that their delegation support it also. Mr. Menendez: Absolutely. Chair Gort: Please, let us know, along with your plan, what -- which committee they have to go through and the members of those committees, okay? Mr. Menendez: Yes, sir. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff Can we also put on the legislative agenda, "leaving the scene of an accident, " that that should be looked at, and probably the equivalent of the same ramifications as a drunk driving offense? Mr. Menendez: Yes, sir. City ofMiami Page 86 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Commissioner Sarnoff. Otherwise, you're going to have smart people asking their lawyers, "So if I'm drunk and I've driving, what's the best thing to do?" If leaving the scene of an accident is it -- Chair Gort: Is there (UNINTELLIGIBLE) penalty? Commissioner Sarnoff. -- then it's a sad state of affairs, and that is our present state of affairs. Commissioner Carollo: And by the way, if you could see who has filed a bill with regards to that, because I believe -- andl don't want to say it's Senator Diaz de la Portilla, but have a feeling that that bill has been filed already. Mr. Menendez: Okay. Commissioner Carollo: And again, I -- Mr. Menendez: I'll do the research and if that -- Commissioner Carollo: I'm not the legislative liaison, so I don't follow it to the "T, " but I have a feeling Senator Diaz de la Portilla may have filed something -- Commissioner Sarnoff. I think he did. Commissioner Carollo: Yes. Commissioner Sarnoff. I think you're right. I think he did. Commissioner Carollo: Yes. And again, I'm not the legislate liaison, but -- Commissioner Sarnoff. I heard the same thing you heard. Commissioner Carollo: Yeah. Mr. Menendez: I will confirm, and then I will distribute a copy of that bill. Commissioner Sarnoff. Perfect. Mr. Menendez: Thank you. Chair Gort: And we should make the phone calls to the individuals we know. Commissioner Suarez: Mr. Chair. Chair Gort: (UNINTELLIGIBLE) sure we do the follow up. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner Suarez -- Commissioner Suarez: Thank you. Chair Gort: -- you're recognized. Commissioner Suarez: Mr. Chair. City ofMiami Page 87 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Yes. Commissioner Suarez: I'd like to add a priority as well to the legislative priorities, which is -- andl don't know what the status of this particular priority is at this moment. The film and entertainment industry, one in which we are now going to be investing in by virtue of assuming that we continue the investment that we've made by and through the CRA (Community Redevelopment Agency), the Omni CRA in building a movie studio, I think we all -- I can't speak for everybody, but I think many of us believe that the film and entertainment industry would be one that would thrive in the City ofMiami and that it has not reached its maximum potential in the City and that we could be maybe not on par with Los Angeles, but we could be certainly very competitive with or second only to Los Angeles. Unfortunately, what we've discovered is that the film industry relies heavily on state subsidies, and our State has engaged in that arena, which I think, unfortunately, is necessary because we have to try to maintain as equal a level playing field -- as level a playing field as possible. And we see that in other states people will literally film in North Dakota, they'll literally film in another less desirable state because it's profitable, let's face it. At the end of the day, this is an industry, just like any other capitalistic industry that thrives on profit. But I think we all believe that if the playing field were equal, the City ofMiami would win every time. And so, you know, I'm not sure what the status is of the current subsidy program that we had, but I think we should urge the Legislature to maintain or increase or look at other states and make sure that we're competitive, we're offering a competitive subsidy package for the film and entertainment industry, because I think if we have parity, then the City ofMiami is going to become, you know, a major destination for film, andl think we, as a city, obviously, have a lot of work that we can do to become more film friendly, but we're talking about our legislative priorities here, so I think that should be one of our legislative priorities. Mr. Menendez: I will add that. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. I think we gave out at the CRA last year a map of the United States and where we fit in. And we have a film commissioner in Tallahassee, believe it or not. I forgot her name, but can get it to you all, if you want. The strategy of state of Florida is that we need to be the bottom of the top one-third of the country to be competitive. We don't need to be a North Dakota. We don't need to be a Louisiana -- Commissioner Suarez: Right. Commissioner Sarnoff. -- that is giving so much subsidy away that it may be economically not viable, but we need to be in that top -- the bottom of that top third; maybe a little bit like we philosophize with police a little bit -- to remain in that top tier of cities that -- top tier of states that attract the film industry. And I know Fresen has a bill that is working its way through the Legislature or will work its way through the Legislature to rekindle what they had done, I think, three years ago. Commissioner Suarez: Yes. Chair Gort: Right. Commissioner Suarez: Andl would -- andl don't know the dynamics of that bill or the specifics of that bill, but I would hope that a part of that bill is tied to local employment, because what we don't want, obviously, is someone to come fly in from another part of the country, get a state subsidy, bring in their crews, film the movie, go back to wherever they came from, you know, and then spend money in those restaurants after they've made millions and millions and millions of City ofMiami Page 88 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 dollars on our subsidy, on our back. We want it to be something that benefits our community, because I think not only does the film and entertainment industry benefit the City ofMiami in terms of the publicity that it brings to the City ofMiami -- we've seen what the Heat has done for the City ofMiami and a variety of other organizations that have worldwide publicity and exposure, but it's also a huge economic driver, and it will allow some programs that we've invested in, like film and entertainment programs in the CRA, to actually be beneficial to our, you know, inner city communities as well. Chair Gort: It's a great industry to attract, andl think that should -- we should really push on that one. I know there's a lot of organizations that working on that, and we have a lot of qualified individual. Matter of fact, in one of the seminars that I went to, they were saying that we have better people that can produce the films in here than in New York, and that was stated by one of the producers. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Piggyback on some of the numbers that Commissioner Sarnoff said, don't we have -- Mr. Manager, don't we have a film director? Chair Gort: Yes, we do. Commissioner Carollo: Yeah. I mean, couldn't he give us some of those numbers and maybe do an analysis and a report of what other incentives, other states and municipalities, and so forth, are doing? Commissioner Suarez: Yeah, good idea. Commissioner Carollo: I mean -- Commissioner Sarnoff. Why don't we have that at the next Commission meeting? Good idea. Commissioner Carollo: You know, I mean is that possible from our film director to actually -- Chair Gort: Give us a report next meeting. Commissioner Suarez: Sounds good. Commissioner Sarnoff. Good idea. Commissioner Carollo: Thank you. Commissioner Sarnoff. I'm told -- I'm also told by the City Attorney that there is a bill out there -- some ofyou may support; some of us may not -- anti -red light camera bill that we may want to take a position on. Commissioner Suarez: I -- Commissioner Sarnoff. Probably, that'd be a (UNINTELLIGIBLE). Victoria Mendez (City Attorney): Basically, all the funding would go to the State. So we'd have the program, but the funding would go to the State. Mr. Menendez: And as of this morning, a possibility of a strike -all amendment in committee was City ofMiami Page 89 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 being sought to take the teeth out of that particular bill. That was the latest. Commissioner Sarnoff. I just thought I'd bring it up. I'm not trying to cause controversy, but -- Chair Gort: Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Todd B. Hannon (City Clerk): Excuse me, Chair. We do have items PZ.1 and PZ.2 still to be addressed, and the district items. Chair Gort: PZ. 1. Mr. Hannon: Before we begin with item PZ.1, the City Attorney does have a statement she needs to make on the record and then afterwards, I'll administer the oath, sir. Chair Gort: So we going now to the Planning and Zoning? Mr. Hannon: Yes, sir. Chair Gort: Correct, okay. Regular agenda has been -- Victoria Mendez (City Attorney): Mr. Chairman, I'm reading the procedures for PZ (Planning & Zoning). We will now begin the Planning & Zoning items. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 ofMiami 21 Zoning Code. Staff will briefly present each item to be heard. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak for not more than two minutes, unless modified by the Chair and through the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. For Miami Comprehensive Neighborhood Plan amendments, as part of the public hearing, members of the public will be permitted to speak for not more than two minutes on the proposition to amend the MCNP (Miami Comprehensive Neighborhood Plan). Thank you. Mr. Hannon: Good evening, ladies and gentlemen. Anyone wishing to speak on today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you. Thank you, Chair. PZ.1 ORDINANCE First Reading 13-00817Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE City ofMiami Page 90 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-008171u CC 01-09-14 FR Fact Sheet.pdf 13-00817luAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-008171u Application & Supporting Documents.pdf 13-008171u CC Legislation (Version 2).pdf 13-008171u ExhibitA.pdf LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3] APPLICANT(S): Otto C. Munoz, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-00817zc. PURPOSE: This will change the above property from "Single -Family Residential" to "Duplex Residential". Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Hardemon, Gort and Sarnoff Absent: 1 - Commissioner(s) Suarez Chair Gort: Yes, sir. Francisco Garcia (Director, Planning): Thankyou, Mr. Chairman, Commissioners. For the record, Francisco Garcia, Planning & Zoning director for the City ofMiami. Items PZ.1 and PZ.2 are companion items before you today on first reading. They are for the land use change and zoning change, respectively, for a property located at 469 Northwest 23rd Place. The changes would result in a change of land use from single-family residential to duplex residential. And on the zoning side, the change would be from T3-R to T3-O, which they amount to the same thing. It would add one additional unit per lot of record. This item is being recommended for approval by the Planning & Zoning Department, and it was recommended for approval unanimously by the Planning, Zoning and Appeals Board. Having said that, I will answer any questions you may have. Chair Gort: Thankyou. Does anyone in the public would like to address PZ.1 ? Anyone in the public would like the address PZ.1 ? Otto Munoz: Hi. Good afternoon, Chairman, Commissioners. My name is Otto Munoz, the owner of the property located on 469 Northwest 23rd Place. This is empty land that I bought a year ago with a old house that had been demolished by the conditions that was. And I've been about this process to change the existing zoning from single family to duplex to improve that City ofMiami Page 91 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 piece of land and, you know, build a duplex. Chair Gort: Thank you, sir. Mr. Munoz: Thank you. Chair Gort: Anyone else? Anyone else? We'll close the public hearings [sic]. Comments, board members. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I move the item on first reading. Commissioner Sarnoff. Second. Chair Gort: There's a motion. Is there a second? Any discussion? Being none, all in favor, state it -- ToddB. Hannon (City Clerk): Chair, Chair, excuse me. It's an ordinance. Commissioner Carollo: It's an ordinance. Chair Gort: An ordinance, sorry. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. PZ.2 ORDINANCE 13-00817zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN ZONE TO "T3-O" SUB -URBAN ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00817zc CC 01-09-14 FR Fact Sheet.pdf 13-00817zcAnalysis, Maps & PZAB Reso.pdf 13-00817zcApplication & Supporting Documents.pdf 13-00817zc CC 11-21-13 Legislation (Version 2).pdf 13-00817zc ExhibitA.pdf LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3] APPLICANT(S): Otto C. Munoz, Owner City ofMiami Page 92 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-008171u. PURPOSE: This will change the above property from "T3-R" to "T3-O". Item does not include a covenant. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Suarez, Hardemon, Gort and Sarnoff Chair Gort: Okay, PZ.2. It's a companion item. Victoria Mendez (City Attorney): This is the companion item, so the discussion on public hearing was on both items. I'm sorry, not the discussion, but the public hearing portion and presentation. Chair Gort: (UNINTELLIGIBLE). Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I move the item. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Discussion. Any discussion. Anyone in the public would like to address PZ.2? Showing none. All in favor, state it by saying aye." ToddB. Hannon (City Clerk): Chair, it is an ordinance. Chair Gort: An ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO City ofMiami Page 93 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 D2.1 13-01076 D3.1 13-00723 END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER 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 February 13, 2014, Regular Commission Meeting. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM FOLLOW UP ON RECRUITING. 13-00723 Email - Recruiting.pdf DISCUSSED Commissioner Carollo: District items. Chair Gort: District items. District 2. Commissioner Sarnoff. I'm going to waive mine, Mr. Chair. Chair Gort: District 3. Commissioner Carollo: Thank you. And out of the different ones that I have, I would like to -- you know what? Let's take them in order. I'll let you know what I want with each one. They'll all go quick. The first one is recruiting, and ifI could have Ms. Klose. In the past we discussed regarding recruiting and new things that would like to implement, andl would like to discuss with my colleagues because -- especially with the Finance Department. There were a lot of vacancies, and it seems like we had difficulties filling some of those vacancies. So I really would like to see if we start reaching out to our universities -- UM (University ofMiami), FIU (Florida City ofMiami Page 94 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 International University), Nova, all of them -- and see if we could start going to career days and actually see when they have their fairs, job fairs, career day fairs, and see if we could start making a movement. Just like it's done in the private sector where we go out there and we recruit young talents, bring them to the City, and then start mentoring them and moving them along, so in the future, we have a new stock of employees to move forward. Ms. Klose. Amy Klose: Amy Klose, director of Human Resources. Since we spoke about this last, which was several months ago, we have started to establish better relationships with the universities. In fact, we're working hard to kind of create a more formal internship program, particularly in Finance. And right now, actually, Finance has an intern from FIU. We are also on every job board. We are in contact with career advisors who, when we have postings, will reach out to the students that she believes would fit -- would qualify for the position. So those are things that we are working on, on establishing, but we've been paying close attention to the Finance positions. For instance, the Financial Analyst 1 position was recently posted on Barry's website, University ofMiami's website, and Florida International University's website. Commissioner Carollo: Ms. Klose -- and again, I'm just seeing what the private sector is doing, including the firm that I work with -- are you planning on being out there and having a table for Career Day? Ms. Klose: We do that often. Actually, we were doing that beforehand. It's something that we do not only with universities but also at just, you know, regular career fairs throughout the tri-county area. Commissioner Carollo: And do you receive resumes at that fair and then follow up with them? Ms. Klose: Absolutely. Commissioner Carollo: For all the different -- Ms. Klose: We have a bank of resumes so if there's a position that's unclassified or they want a temp, you know, the department director can come to us and we can show them what we have, so. Commissioner Carollo: And the follow up, which I could bring as a discussion item, is I want to see if we can establish in the City ofMiami a mentoring program, see if there's -- andl know in the private sector, it is being done. You know, I'm not asking you to do it right away, but if you can start already doing your research and your homework to get some type of formal mentoring program. Ms. Klose: Do you want this to focus on the finance arena or throughout? Commissioner Carollo: No, I think -- Chair Gort: All of them. Commissioner Carollo: -- you should do that citywide -- Chair Gort: Yeah. Commissioner Carollo: -- because in all fairness, I think all departments, you know -- And I'm saying Finance because most recently, we went through Finance, and we saw the difficulty we were having, where we had 14 vacancies at one time, and these were high-level positions, and we struggled to see where, in house, we, you know, will fill them. So, yeah, I'm specifically saying Finance, but no, I think this should be citywide. I think all departments, okay. City ofMiami Page 95 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Chair Gort: Now, my question is, you get all these resume from these individual you interview, do you put them in certain categories so when there's an opening, they get informed so they could apply? Ms. Klose: If -- that's only if they sign up for a job interest card. But any time I receive one to my personal e-mail (electronic), I always let them know that -- of the job interest and they usually accept it and -- so, yes, they are notified when something's relevant. Chair Gort: All right. Ms. Klose: At the job fair, I'm not sure if those are handed out. I don't know off the top of my head. I would imagine they are. I'll double check to make sure that's true. Chair Gort: Thank you. Commissioner Carollo: Thank you, Ms. Klose. Ms. Klose: Thank you. D3.2 DISCUSSION ITEM 13-00753 UPDATE REGARDING THE CIP PROCESS. 13-00753 Update - CIP Process.pdf DISCUSSED Note for the Record: Please refer to Item CA.3 for additional discussion by the City Commission on the CIP process. Commissioner Carollo: Mr. Chairman, D3.2. Chair Gort: Yes. Commissioner Carollo: Updating regarding the CIP (Capital Improvement Program) process. I would like to refer to what earlier stated as CA.3 for this item, and don't know ifI need to withdraw it or just say that, and I'll bring it in the future once -- once again, we re-establish with our City Manager and our director of CIP. Todd B. Hannon (City Clerk): We can show item D3.2 as discussed and you can bring it back, you know, as a new item on a future Commission meeting. Commissioner Carollo: And I'll bring it back as a new item. Mr. Hannon: Yes, sir. Commissioner Carollo: But reference CA.3 for this one. Mr. Hannon: Yes, sir. Commissioner Carollo: Thank you. D3.3 DISCUSSION ITEM 13-01107 City ofMiami Page 96 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 D3.4 13-01203 D3.5 13-01204 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 DEFERRED Note for the Record: Item D3.3 was deferred to the January 23, 2014, Planning and Zoning Commission Meeting. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: D3.3, regarding financial integrity principles, I would like to defer this because there's still some work we have to do. However, if we actually issue our audited financial statements on time this year, which that's coming up, that's coming up, then one of the financial integrity principles will be solved. So I'm going to defer this to the next meeting. DISCUSSION ITEM FOLLOW UP ON PREVIOUS DISCUSSION ITEM REGARDING ILLEGAL BILLBOARD. 13-01203 E-Mail - Illegal Billboard.pdf DEFERRED Note for the Record: Item D3.4 was deferred to the January 23, 2014, Planning and Zoning Commission Meeting. Commissioner Carollo: D3.4, I'd like to defer this also -- I'm working with the City Attorney on this item -- to the next meeting, I guess. DISCUSSION ITEM FOLLOW UP REGARDING ISSUANCE OF 2013 AUDITED FINANCIAL STATEMENTS. 13-01204 E-Mail -Audited Financial Statements.pdf DISCUSSED Commissioner Carollo: And D3.5, follow up on regarding issuing our 2013 audited financial statement. I see the director of Finance here. Jose Fernandez (Director): Jose Fernandez, Finance Department. Commissioner Carollo: Give us good news. Mr. Fernandez: Actually, we're actually having a meeting -- a conference call with him tomorrow, but as of right now, I mean, we appear to be on target. I mean, there's nothing that has occurred that would cause any major delay. I mean, the turnaround time of things, you know, is very quick. I mean, everything is working, you know, the way we expected it. I mean, we're getting the stuff timely. Commissioner Carollo: Is field work over? City ofMiami Page 97 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 Mr. Fernandez: No, they're still doing field work. I mean, we -- they're still testing. They're -- 'cause remember -- I don't know if you recall, but during the presentation of last year's audit, they said that they had to do -- they stopped relying on controls and started doing some steps in testing, so it's -- Commissioner Carollo: Right. Mr. Fernandez: -- taking a lot longer to do the field work because of that process. So it's taking longer and (UNINTELLIGIBLE) asking for a lot more documentation, a lot more information, but we've been able to provide it. You know, we're -- there's nothing thatl can see, you know, and we're in constant communication with them with regards to, "Is there anything that can delay this?" And as of right now, there's nothing that we failed to do or done that would cause that. Commissioner Carollo: And they -- have they given any inclination that the financial statements will not be issued on time? Mr. Fernandez: No, that's not the case. I mean, we -- like I said, we're constantly communicating with them. And the last time John was here, which was about a month ago, we spoke, and he said "no." I mean, the turnaround time was good. They were getting what they're expecting and, you know, their expectations of us, we're meeting those expectations. So, as of right now, there's nothing -- unless there's something that I'm not aware of or something that blind sides us, there's no reason why we shouldn't expect to issue the financial statements on time. Commissioner Carollo: And you actually closed the books --? Mr. Fernandez: Closed a couple weeks earlier than we did last year. I mean, and that just, you know, helped us get it further along than we were last year. Commissioner Carollo: Okay. I'll keep bringing it back until the financial statements are issued, but it seems like it's good news. And if anything would change, definitely, please -- Mr. Fernandez: Yes. Commissioner Carollo: -- contact me or -- Mr. Fernandez: Yes. If there's anything -- Commissioner Carollo: -- have the City Manager contact -- Mr. Fernandez: -- substantial that we feel will impact that, we will definitely let you know. But as of right now, you know, like I said, everything appears for us to be able to issue them on time; if not, a little bit earlier than March 31. Commissioner Carollo: Thank you. I'm done. Chair Gort: That's it. D4, you have any items? Commissioner Suarez: No, sir. END OF DISTRICT 3 DISTRICT 4 City ofMiami Page 98 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 D4.1 13-01453 NA.1 14-00025 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION ON THE STATUS OF REVERSE REDLINING LITIGATION. 13-01453 E-Mail - Reverse Redlining Litigation.pdf WITHDRAWN Commissioner Suarez: Can I just say that I'm going to postpone my discussion item 4.1 on the Status on Reverse Red -Lining? Because the attorneys have asked me to hold off until the -- there's actually some news that should be forthcoming in the next -- possibly in the next month, so thank you. Chair Gort: Okay. Commissioner Suarez: I'm going to withdraw it for now, and then I'll put it back on when it's appropriate. Yeah, I'm going to withdraw it. Thank you. Chair Gort: You don't have any other discussion item? Commissioner Suarez: No. Chair Gort: Vice Chairman, you have any? No. Commissioner Suarez: We're almost done, Mr. Chair. You're making record -- you're making a record here. This is good. Chair Gort: I understand, but -- Commissioner Suarez: This is positive. Vice Chair Hardemon: So there is a way that we can actually do this procedurally. I think we'll keep ourselves from doing that. I think the Commissioners are coming back in now. We're missing one more; Commissioner Carollo. Chair Gort: Commissioner Carollo. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM CHIEF MANUEL OROSA UPDATED THE COMMISSION ON THE City ofMiami Page 99 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 INSTALLATION OF LICENSE PLATE READERS (LPR) IN CITY OF MIAMI POLICE VEHICLES. DISCUSSED Chair Gort: Yes, chief. Chief Orosa: Just one last thing, Commissioners. A few months ago we -- you all, thankfully, appropriated some funding -from LETF (Law Enforcement Trust Fund) to buy LPRs, license plate readers. We have four of the vehicles outside for your review, for your wanting to take a look at it. We have one more that's missing that's being installed, the equipment, as we speak. Commissioner Suarez: I want to see the defense attorney's perspective on those little gadgets. Vice Chair Hardemon: Is it a vehicle? What is it? Chief Orosa: It's a license plate reader, LPR. It's on a vehicle, and we expect to deploy it wherever we have major events. We expect to deploy it where we have crime issues as well, so -- for example, we're riding around with it. It's capturing tags and dumping the information; and a shooting goes out and we may have the car already on the data. Commissioner Suarez: Civil rights. Anyhow -- Chair Gort: Let's take -- you guys want to take five, go see, and come right back? NA.2 DISCUSSION ITEM 14-00026 SERGEANT NESTOR GARCIA FROM THE MIAMI POLICE DEPARTMENT ADDRESSED THE COMMISSION REGARDING CONCERNS OVER PUBLIC SAFETY ISSUES DUE TO AN INCREASE IN THE NUMBER OF POLICE OFFICERS LEAVING THE CITY OF MIAMI TO WORK AT OTHER POLICE DEPARTMENTS OFFERING HIGHER SALARIES. DISCUSSED Chair Gort: Okay. DI.1, I'd like to bring Sergeant Ernesto Garcia; that he would like to speak to us for two minutes. Nestor Garcia: Thank you. Thank you, Commissioners. My name is Sergeant Nestor Garcia. I work for the City ofMiami Police Department. I've been a City ofMiami employee for the last 25 years. Commissioners, I just want to bring to your attention a public safety concern. We're losing officers at a rapid pace. Last week we just lost nine officers that weren't projected to be leaving the Police Department. We've been discussing here that we -- you guys want to hire 200 officers by the next one or two years. That's physically impossible. Our starting pay is 13 to 14 percent lower than any starting police department. Due to the concessions that we gave several years ago, our step raises have been frozen. We're losing officers to other departments, due to the fact that they're getting step raises in other police departments. Additionally, they're making 20 and 25 percent on top of the other 12 percent starting pay. So officers are leaving the Police Department for better pay, basically, 30, 40 percent. I mean, anybody with the common sense will go to a different police department making 30, 40 percent more. It's going to become a public safety issue, due to the fact, in the next four or five years, we have over 20 brand new high-rises within the City ofMiami. More high-rises mean more people; more people call, more calls for service. It's also becoming a officer safety issue, due to the fact that if one officer has to respond to an officer needing assistance or a police shooting or anything, it's going to take them a great amount of time to get on the elevator and go down to assist that officer. So I'm bringing this to your attention due to the fact that we're losing officers, Commissioners. The City of City ofMiami Page 100 Printed on 2/7/2014 City Commission Meeting Minutes January 9, 2014 ADJOURNMENT Miami Police is a revolving door. They're coming in and walking out of the back door. Andl would like to say for the record that this is becoming a great concern for us and for the officers that are working here. Also, due to the shortage, officers are -- after working 10-hour shifts, they're forcibly being detained to work another extra shift. Mind you, after you work 10 hours, the last thing that you want to do is work another additional six or seven hours till 7 o'clock in the morning, so all this is in combination. I would like to bring it to your attention so, you know, this could be corrected. Thankyou. Chair Gort: Thankyou. Anyone else? This conclude -- Commissioner Sarnoff. Couldl say something, Mr. Chair? Chair Gort: Yeah, go right ahead. Commissioner Sarnoff. You know, Mrs. Manager or Mr. Manager, it's a little disappointing that we got today a printout that it shows ten less officers -- shows ten more officers than we really do have, and you know, I'd like to think that we get the most updated information as possible so that when that discussion happens, we can at least be most apprised of that discussion, 'cause the Chiefs not here now. Alice Bravo (Assistant City Manager/Chief of Infrastructure): Right. And that memo was prepared several days in advance for distribution prior to the Commission meeting. Commissioner Sarnoff. But if I'm the Chief and if I'm the Manager, which is what you're acting as right now, I would want to inform Suarez, Carollo, Gort, and Hardemon, By the way, I generated this seven days ago or five days ago, but as of today, there are ten less." That changes the conversation. I mean, I can tell you -- I can see Suarez' head nodding, and Carollo would have said "hmm. " I just think we need to have the information available, and I'm going to say this to you now, ten less. Somebody want to do the reduction? It wouldn't be a pretty chart right now. Commissioner Suarez: No, we would be -- we'd have less officers than we started the year with. Commissioner Sarnoff. Right. Chair Gort: Yes, sir. We gonna be ready -- Anyone else? Okay, do I have a motion to adjourn? Commissioner Sarnoff. Thank you. So moved. The meeting adjourned at 6: 01 p.m. City ofMiami Page 101 Printed on 2/7/2014