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HomeMy WebLinkAboutCC 2014-07-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, July 10, 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 Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes July 10, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 of Miami Page 2 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 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 loth day of July 2014, the City Commission of the City of Miami, 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 9:04 a.m., recessed at 12:15 p.m., reconvened at 3: 05 p.m, and adjourned at 4: 47 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:04 a.m., Commissioner Suarez entered the Commission chambers at 9:07 a.m., Commissioner Hardemon entered the Commission chambers at 9:08 a.m., Commissioner Carollo entered the Commission chambers at 9:16 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning. Welcome to the July 10, 2014 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commissioners: Marc Sarnoff Frank Carollo; Francis Suarez; Vice Chairman Keon Hardemon; and myself, Wifredo "Willy" Gort. Also, we have the Assistant City -- I mean City Manager Danny Alfonso; City Attorney Victoria Mendez; and City Clerk Todd Hannon. Okay, we'll all aboard now. Can you please stand for the invocation and I have the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 14-00652 Honoree Presenter Protocol Item National Parks & Mayor Regalado Proclamation Recreation Month and Commissioners Prymus Angels All- Commissioner Salute Stara Suarez 14-00652 Protocol List.pdf PRESENTED 1. Mayor Regalado joined the national effort to promote outdoor physical activity and make outdoor space a thriving center of the City of Miami by presenting a Proclamation, proclaiming the month of July 2014 as Parks and Recreation Month; furthermore believing that opportunities for active recreation are critical to the community's health and wellness. Parks and Recreation provides resources that protect our environment, preserve wildlife habitat, strengthen our local economy, attract new businesses, contribute to the local tax base, increase property values and improve the physical and mental health of citizens of all ages. 2. Commissioner Suarez presented a Salute to Prymus Angels All -Stars which is an educational City of Miami Page 3 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 based non-profit cheerleading team at Jose Marti Gymnasium; furthermore applauding such a program that focuses on community service and promoting personal growth, self-sufficiency, leadership development while raising the aspirations and self-esteem of school girls. Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Good morning, and thank you, Mr. Chairman, Commissioners. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez MAYORAL VETOES ORDER OF THE DAY Chair Gort: Do we have any minutes to approve? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the regular meeting minutes from the June 12, 2014 Miami City Commission meeting. Chair Gort: Okay, do I have any motion, approval of the minutes? Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Protocol, we have a proclamation by the Mayor. Mayor Regalado and Commissioner Suarez; as soon as they get down we'll do that. Mr. Manager, do you have any item you want to discuss with us for a minute? Daniel J. Alfonso (City Manager): Commissioner, well, I think later on we'll -- we're going to talk about possibly changing the dates of the second hearing -- is that what --? And we also have the Chief of Police -- the Chief of Fire Department wants to make a presentation, but that will be after the consent agenda. Chair Gort: And I would like to have all the Commissioners present when we do that. Mr. Alfonso: Right, exactly. City of Miami Page 4 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Later... Chair Gort: City Clerk [sic], will you go over the procedures? Victoria Mendez (City Attorney): 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 at Miamigov.com [sic]. 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. That can be achieved at the Office of Communications. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings, and could be subject to arrest. Any person with disability requiring auxiliary aids and services for this meeting may notifir the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. Chair Gort: One meeting, please. Go ahead please. Ms. Mendez: The meeting will either end at the conclusion of deliberation of the agenda item being considered 10 p.m. or at the conclusion of the regularly scheduled agenda item, whichever occurs first. At this time the Administration will announce any items, if any, that are either being withdrawn, deferred or substituted. Mr. Alfonso: Commissioners, PZ.1 is to be continued to the September Planning & Zoning meeting. Chair Gort: PZ.1. Is that it? Mr. Alfonso: That is the only item, sir. Todd B. Hannon (City Clerk): However -- Chair Gort: Okay, Commissioners? Mr. Hannon: Commissioners. Chair Gort: Yes. Mr. Hannon: I'm sorry. Chair, just so you know, no action shall be taken on any PZ (Planning & Zoning) items until 2 p.m. Chair Gort: Right, okay. Any other items that any Commissioner would like to defer? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: This is not a deferral; this is just to table it until after lunch, and it's RE.1. If we could take it up at the first instance after lunch, I would appreciate it. That way, it'll give me some time to spend with the Administration going over a lot of the projects. Chair Gort: Okay, RE.1 is going to be tabled until this afternoon. Commissioner Suarez: Mr. Chair. City of Miami Page 5 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Yes. Commissioner Suarez: I have a similar request on one of my resolutions. It's actually -- sorry -- RE (resolution) -- hold on -- Mr. Alfonso: Two, I believe. Uber Lyft? Commissioner Suarez: Yes. Mr. Alfonso: RE.2. Commissioner Suarez: RE.2; if it can be heard at 3 p.m. Chair Gort: RE.2. What just happened? Commissioner Suarez: Three p.m. Mr. Alfonso: It's the urging of support for Uber and Lyft. Ms. Mendez: The transportation -- Chair Gort: The who? Ms. Mendez: The transportation one; the one that has to do with transportation services. Chair Gort: Okay. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: Okeydoke. City of Miami Page 6 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 CA.1 14-00533 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $130,000.00; ALLOCATING FUNDS FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE PROVISIONS OF SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 14-00533 Summary Form.pdf 14-00533 Affidavit.pdf 14-00533 Certificate of Applicant.pdf 14-00533 LETF- Funding Request.pdf 14-00533 Annual Review & Evaluation.pdf 14-00533 Survey 2013-14.pdf 14-00533 Financial Statements.pdf 14-00533 Newsletter.pdf 14-00533 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0249 CA.2 RESOLUTION 14-00528 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S SECOND OPTION TO RENEW THE CONTRACT WITH THOMAS MAINTENANCE SERVICES, INC., FOR A ONE (1) YEAR PERIOD FOR FISCAL YEAR 2014-2015, FOR THE PROJECT ENTITLED "CITY LOTS AND RIGHTS OF WAY LANDSCAPING, M-0082", IN AN ANNUAL AMOUNT NOT TO EXCEED $152,686.14; ALLOCATING FUNDS FROM ACCOUNT NOS. 00001.202000.534000 (GENERAL FUND) AND 00001.208000.534000 (STORM WATER UTILITY FUND); AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00528 Summary Form.pdf 14-00528 Pre-Legislation.pdf 14-00528 Legislation.pdf 14-00528 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 7 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 R-14-0253 Chair Gort: CA.2. Commissioner Carollo: Thank you, Mr. Chairman. CA.2 is regarding a lot clearing, and they're asking for approximately 153,000 per year. And the only thing is that I want to point out to my colleagues that as I mentioned -- I would want to say years ago -- we've had a lot of issues with cleanliness in Little Havana, and in the last I believe six months, there has not been one lot clearing in Little Havana. If you go by where all these monies have been used -- and I understand this is an additional allocation -- all the monies have been used, there has been zero for Little Havana, and I think soon we're going to see how consistently Little Havana is not getting its fair share. Now, I have been one to definitely champion one City, and we do work with one another, and identify whatever issues is in whatever district, and we do work as one City; however, this is an issue that I have brought up in the past, I have shown numerous pictures, and again, I want to point it out to my colleagues, because this cannot continue to happen, and we want to be able to use some of these monies for a lot clearing. And with that said, I will move the item. Commissioner Suarez: 171 second it for discussion. Chair Gort: Discussion. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I echo Commissioner Carollo's sentiments. I was going to pull the item also, and it's something that I've talked over with the City Manager and in both the capital planning process and also in the budget process, which is that we really need to take a hard look at how much resources -- or how little resources is probably a better way of saying it -- we're dedicating to right-of-way landscaping, and that's not just lot clearing, 'cause lot clearing is part of it, I think, but it's also right-of-way landscaping. And we both share Coral Way, the Coral Way landscape, and I don't know how you feel about it, but I could tell you that I have mixed feelings at best is a nice way of putting it, you know. And I know that now FDOT (Florida Department of Transportation) -- I know now FDOT's working on Coral Way, so I've been kind of you know, trying to be patient, because I know that they're, you know, creating crosswalks; they're redoing some of the borders. But I think we all feel that the City can be much more beautiful than what it is, that we're not dedicating sufficient resources to that end, and I will expect that to be a component of the upcoming budget. So I know that sometimes we want to compare ourselves to cities that are much wealthier than we are, and -- but I think now if everything goes according to plan, you know, what we discussed is that we will be at our financial integrity threshold, and now we have to start striving for us to become the city that we all think we can and should be. Thank you. Chair Gort: Thank you. Landscaping. I think the City should come up with a plan for the whole thing, 'cause you think if the landscaping's not doing the way it should be done on Coral Way, I can take you to a tour to the District 1, and I'm sure the other Commissioners can do the same thing in the districts. I think we got to start becoming proactive instead of reactive. I think that whoever is in charge of maintenance of the whole City, should come up with a plan of the whole City, and by the way, I'm working -- and I'm going to have a pocket item later on where I want to have a sunshine meeting with your staff. Your staff and my staff are working. If you recall; we talked about America Beautiful -- Keep America Beautiful. I'm working in that plan to keep Miami clean, and this is a plan for the whole City of Miami, and I'd like the input of your offices. So we're going to -- I'm going to have a pocket item later on where I'm going to be calling for a sunshine meeting so we can have all our staff working as a team so we can come up -- we already have a plan that we've worked with the Administration. I want to present it to you all and make sure that your district could participate at the same. Commissioner Carollo: Mr. Chairman. City of Miami Page 8 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Yes, sir. Commissioner Carollo: I definitely welcome that. And again, this is -- and I don't want to piecemeal everything, because lot clearing is just a piece of the whole beautification and the cleanliness of Miami, but I have taken numerous tours; not now, but years -- you could say years ago -- with the Administration through Little Havana, and a lot of things have not changed And again, I'm just pointing it out. And this will not -- I don't feel this is the right time for -- to have the whole long discussion, but that time is corning. And, yeah, maybe during the budget, but what I can tell you is that time is corning. And I just wanted to point this out, because, again, it's something that, again, it's not anything new. I've been saying it for years, and soon enough, we will have to address this. Chair Gort: I could tell you in my lot clearing, in a lot of my district with the private property has been taking place, and fines have been collected, so there is funds in there that's over -- I understand 200, close to $300, 000 that has been collected from that; that those funds can be utilized for that. Commissioner Suarez: Absolutely. Chair Gort: So -- Commissioner Suarez: That's what the purpose of the fund was for. Chair Gort: Thank you. There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. CA.3 RESOLUTION 14-00531 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED MAY 28, 2014, PURSUANT TO INVITATION FOR BID NO. 459333, FROM FLORIDA BULLET, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF LETHAL AND NON -LETHAL AMMUNITION, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00531 Summary Form.pdf 14-00531 Award Recommendation Form.pdf 14-00531 Bid Tabulation Sheet.pdf 14-00531 Invitation for Bid.pdf 14-00531 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0250 CA.4 RESOLUTION City of Miami Page 9 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 14-00532 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM(S), BETWEEN THE PARTICIPATING AGENCIES OF BROWARD COUNTY,THE CITY OF FORT LAUDERDALE, THE CITY OF HIALEAH, MIAMI-DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY, FOR THE DISTRIBUTION OF EQUIPMENT IN ACCORDANCE WITH THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT'S POLICIES, FOR THE UASI GRANT FISCAL YEAR ("FY") 2011, IN ACCORDANCE WITH THE UASI GRANT FY 2011, ACCEPTED PURSUANT TO RESOLUTION NO. 12-0083, ADOPTED MARCH 8, 2012, WHICH SPECIFIED RESPONSIBILITIES, USE MAINTENANCE, INVENTORY, AND DISPOSAL RESPONSIBILITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, EXTENSIONS OR MOAS, ON ALL UASI GRANT MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 14-00532 Summary Form.pdf 14-00532 Executed UASI FY11 SubgrantAgmt.pdf 14-00532 Legislation.pdf 14-00532 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0251 CA.5 RESOLUTION 14-00508 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMUNITY LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, FOR THE OPERATIONS OF THE MIAMI HOMELESS ASSISTANCE PROGRAM ON THE PREMISES LOCATED AT 450 SOUTHWEST 5TH STREET MIAMI, FLORIDA, FORATHREE (3) YEAR PERIOD IN THE AMOUNT OF $12.00 PER YEAR, WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE (1) YEAR TERMS WITH THE SAME TERMS AND CONDITIONS AS SET FORTH IN SAID LEASE AGREEMENT. 14-00508 Summary Form.pdf 14-00508 Legislation.pdf 14-00508 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0252 City of Miami Page 10 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I'd like to pull CA.2 from the consent agenda. Chair Gort: CA.2? Commissioner Carollo: Mm-hmm. Chair Gort: To here after? Okay, CA.2. Any others? Okay, do I have a motion for the -- Commissioner Sarnoff So move. Chair Gort: -- consent agenda, with the exception of CA.2? Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff. Second? Second? Commissioner Carollo: Second. I thought it was second by Commissioner Suarez. Chair Gort: Second by -- Commissioner Suarez: Yeah, yeah. Chair Gort: Commissioner Carollo. All in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 11 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 9:30 A.M. PA.1 14-00637 PERSONAL APPEARANCE PRESENTATION PRESENTATION BY REPRESENTATIVES OF THE FLAGSTONE GROUP REGARDING THE CONSTRUCTION SCHEDULE OF THE ISLAND GARDENS PROJECT. 14-00637 E-Mail - Flagstone Presentation.pdf 14-00637-Submittal-Brian May.pdf PRESENTED Chair Gort: Flagstone, you're up. Brian May: Mr. Chairman, members of the Commission, Manager, my name is Brian May; offices at 235 Catalonia Avenue in Coral Gables; here representing Flagstone, and I'm pleased today to be able to give you an update on the commencement of the marina portion of the Flagstone Project. As you know, back in May, this Commission approved a -- conditions to a State waiver and the Florida Cabinet with the Governor did so, as well, and it was that approval that allowed us to actually move forward with the project, so we appreciate that. There have unfortunately been recent reports in the media questioning whether the project actually commenced or did not commence. I want to put on the record that those reports are being fed by some intimidation tactics by a very wealthy activist on Venetia Island. I think you all know who I'm speaking of they appeared here at the last approval. And I just want to put on the record that's the source of many of the reports that you're receiving. So as -- but I'm -- regardless of that, I'm pleased to be here today to give you an update. I'm going to walk through a slide show presentation which will lay out in detail for you the commencement of the project. Just as a brief overview, I'm going to first outline the marina permits that we had to secure; then a timeline of the marina construction; take you through the stages of the marina construction and then give you any additional information. I also have with us Brit Cocos (phonetic) with Ocean Consulting who is here to answer any technical questions that you may have. Just a basic outline of our marina permits. Prior to submitting for any applications on marina permits, we had to conduct phase one and phase two environmental assessments and reports at the site; this is well before we had any go-ahead to actually, you know, begin constructing the project, and we did that well before the approvals; that took place back in May. We have four major permits. We have a marina and dredging permit from the U.S. (United States) Corps -- U.S. Army Corps of Engineers. That was issued back in November of 2005. It runs through October 18 of 2015. And in addition to general permit conditions on that permit, we have 107 special conditions that are required to follow. And I want to put that on the record, because what we are required to do with regard to mitigation, environmental mitigation at the site, because it is the Biscayne Bay Aquatic Preserve is significant. The mitigation efforts that we must take -- that take place must be detailed, they must be precise, and they must be very thorough. We also have an environmental resource permit from the South Florida Water Management District. We have a class one permit from Miami -Dade County; formerly DERM (Department of Environmental Resource Management), which is now the Department of Regulatory and Economic Resources. And we have a marine facilities annual operating permit; all of which are in place and all of which extend beyond the construction period for the marina. Next, I want to give you just a basic timeline of the construction. The mitigation portion of it, while very significant at the front end, the first portion of the mitigation that we will take place really ends next week, and I'll explain that in later detail, but it's important to note that the full mitigation for the project runs all the way through till the end of February of next year and that enables actually us putting in place another artificial reef in the bay which I'll get to later. Following that, we have the City of Miami Page 12 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 bulkhead and seawall portion which will actually begin later this month. We've already filed for permits on the bulkhead already. We have a -- the dredging portion of the project which we expect to start in early August. And then in January of 2015 is when the pier work, and pilings, and all the things that actually take place in the water itself will construct, and that, as you can see from our timeline, continues through August of 2015. It's important to tell you that and show you that, because we are shooting to finish the -- all of the pier -- all of the bulkhead work in time for the boat show in 2015, because we will be -- just with the bulkhead completed, we'll be hosting the first mega yacht portion of the Miami Boat Show, which will be at the site, so it's a significant undertaking. Obviously, when the project is built, that boat show will expand significantly, but it's the first one in South Florida. Next, I want to get into just the stages of marina construction. I walked through that for you, so let me just get right into the commencement. The mitigation stage takes place and starts on May 22. Our contractor's, Ocean Consulting, which Brit Cocos is here, and our engineer is Coastal Systems International. It takes place in three stages, and this is the reconnaissance -- basically mitigation work that takes place, and it involves removing all the sensitive habitat that's there -- sponges, corals, sea grass primarily. As you know, on May 13, the State waiver was secured. On May 14, Ocean Consulting conducted a kickoff meeting with the U.S. Army Corps of Engineers, which is required. May 15, we conducted a kickoff meeting with DERM, which is the -- now the Department of Economic Resources at the County. And on May 21, we had a kickoff meeting with the South Florida Water Management District. And upon having those kickoff meetings, on May 22, we commenced mitigation work, which constitutes the commencement of the marina project, clear as day, no question about that. And as part of that, on May 22, we conducted a survey of the bulkhead, which is required; that's 1,200 feet. We began the locations of all corals on the bulkhead, along the bulkhead; had to measure corals. These are all parts of the conditions of the permits that we have. During that bulkhead we -- survey we identified 60 specimens of hard coral species. They were attached to concrete blocks. I have the images of that work for you right here. The blocks were -- served as a weighted base so that the corals don't transport while they're being preserved before they can actually be moved to their new locations; again, all those are requirements of the permit. As part of that, we also relocated 27 coral colonies. Note that the permit only stipulated we had to remove and locate -- relocate 14, but we actually did more than we were required under the permit. We had nine coral heads that were too large to epoxy to blocks, and they were attached directly to rip -wrap boulders along the shoreline, and we relocated a number of the blocks on the -- over to the other side of the bay next to the science museum and Museum Park. What you have before you is the actual mapping that took place in the water, which began again on May 22, and it shows you all of the data was collected, all of the various marina habitats that were identified during that process. During this phase we also found 42 sponges that had to be removed and placed. They were attached again to concrete blocks. Once they were cured, they were transported to a relocation site north of the McArthur Causeway, and you have images of that work, as well. On June 30, 2000 -- of this year -- we began the sea grass mitigation which is the last stage of the reconnaissance and -- the reconnaissance mitigation work that we had to do before we can conduct anything on the bulkhead. We -- 2,000 plugs are being removed as we speak, and transported to a temporary holding site north of the Julia Tuttle Causeway, and when the dredging phase of the marina is completed and the dredge holes are filled, these plugs will be replanted in the filled dredge hole. And I'm giving you all this detail so you can have some appreciation for the detail and the work that has to take place, and the notion that this does not constitute the commencement of the construction of the marina is borderline absurd. On July 11, we -- just next week, we anticipate the completion of the mitigation -- actually tomorrow -- the mitigation work and we will be ready to begin the bulkhead stage and the dredging stage. As I said, the mitigation will continue throughout the marina project with the Brickell arteries -- artificial reef mitigation to begin in October through February of next year. And this is, you know, is also in place to offset impacts to the hard bottom habitat at the project site. We expect, as I said, later this month, around the 22nd of July to start the bulkhead stage. Our contractor is Evisary (phonetic) Foundation Company, and that will basically start on the 22nd with a demolition of the existing bulkhead caps and that begins. It's important to note that the bulkhead has to be strengthened prior to any City of Miami Page 13 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 upland construction taking place, so this is a really important part of the project. The new bulkhead is to be built behind the existing bulkhead to protect the existing seawall and strengthen the upland site. We are estimating that we will have piles delivered to the site to begin that work, as I said, on July 22. The third phase of the marina construction project is the dredging portion, and we are getting ready to file those permits as well -- file for those plans as well. We have those permits in place, but that will start around August 4, and that will continue through February of 2015, and we have Cashman Dredging and Marine Company who is actually contracted to perform that work. The dredge material will be barged and shipped to three identified locations north ofI-395, and that's for the purpose of creating a new habitat, and new and qualified sand will be purchased and placed as topsoil where the sea grass will be relocated. The pier stage work, as I mentioned earlier, starts in January of 2015. We are in negotiations with a pier work contractor at this point. The dock will begin to be delivered to the site around November, pilings will commence around the same time, and the installation of the docks will commence in January of 2015. And we expect, as I said, in October of '15 to have the completion of the marina completely done. And it's important to note that Flagstone and Mr. Bayraktar are actually funding that portion of the project themselves. Themselves. So that is a clear demonstration to their commitment to move forward. That is the presentation that we have thus far, and I'm -- we're happy to answer any questions that you may have. Chair Gort: Okeydoke. Thank you. Any questions? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. I just want to make sure from our City Attorney -- and I read the email (electronic) -- to verifir that the City's position is that they have commenced construction from the date they were supposed to. Robin Jones -Jackson (Senior Assistant City Attorney): Legally, from our standpoint, yes. And I'd also like for our -- Chair Gort: Excuse me. And you are? Ms. Jackson: I apologize, Mr. Chair and Commissioners, Mr. Mayor. Thank you. Robin Jackson, Senior Assistant City Attorney. I'd also like for our Deputy ACM (Assistant City Manager), who's a qualified engineer, for her to state her opinion, as well. Thank you. Chair Gort: Yes, ma'am, you're recognized. Alice Bravo: Good morning. Alice Bravo, Deputy City Manager. Yes, from our perspective, this is the first phase of the work, environmental mitigation. They could not have started this work before the State approved the deed restriction waiver. And also, the mitigation work is tied to the benefits of the construction of the marina, so they could not have started this environmental work not knowing that the marina could move forward. So this absolutely is the first phase of construction. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman, a follow-up question. This is to Mr. May. I understand the timeline that you presented for the marina portion, but the whole concept was much bigger than just the marina, so I haven't gone back to look at the timeline, but what is the timeline for the rest of the project? Mr. May: We expect to commence the upland portion of the project in the latter part of next City of Miami Page 14 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 year. I don't think that we will be commencing the parking structure and the -- what's called the pedestal which contains the retail, as well, until we get to a point in the marina portion of the project where it is, you know, very near completion. Chair Gort: Thank you. Anyone else? Mr. May: And I -- let me just -- I want to just put something on the record. We would not be able to actually start on the upland construction before the end of this year even if we were able to do so, and the reason is, is because the tunnel contractor is still on the site, and they've asked through the City to remain at the site and be able to be there through December of this year; really late November/December, which is fine with us; that's not a problem. We're actually talking with the contractor about being able to do certain work on our site, as well. So and as you know, the site is one that is -- it's not a huge site, so, you know, we need room to stage, we need room to actually perform the marina construction, and not all of that is done from the water; a lot of it's done from the land side. So that's the reason why, you know -- a portion of the reason of why we can't just have everything come out of the ground at one time. But I will say to you that we have commenced the project; it is on the schedule that we laid out; it is moving along nicely, and there is a full commitment to finish the project completely in the middle of 2017, and we remain committed to that date. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff I think it's also important to point out just for the audience, and I think all the Commissioners know this, but to bring it to the light at the same time as they're saying they've commenced construction. Flagstone has paid to the City of Miami, and I want to point out during the financial crisis, $3, 601,884.33 -- if you'd like to call them pre -rent, pre -lease, construction payments -- that we would not have had during the most fiscally difficult time that you've been sitting here. So I think everybody in the audience and the Commissioners should be reminded of the fact that $3, 601, 000 was paid to the City during the financial crisis. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I wasn't going to go there, but since Commissioner Sarnoff mentioned it, but how much were they supposed to pay? Commissioner Sarnoff They paid more than they were supposed to pay. Commissioner Carollo: No. They were supposed to pay 2 million a year once the project was completed So if you add how many years it's been there dormant without any use to the residents, you would say that they have paid significantly less than they were supposed to pay the City. Commissioner Sarnoff I don't think if you've read the contract and you read the entire proceedings, that's an accurate statement. Commissioner Carollo: Well, what I'm saying, Commissioner, is that what they had promised was to pay a lot more once that project was completed, and it's been -- how many years now? So, yes, they paid some -- and it was towards the latter part of these 13 years that they paid the amount. But the truth of the matter is they were supposed to pay the City a lot more than what City of Miami Page 15 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 FR.1 14-00530 Department of Information Technology they have if they would have completed the project. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. And my intention is not to re -litigate this. You know, I think we've re -litigated this project every single time that we've talked about it. But I will make one last -- since everyone's kind of chimed in on the financial components of this. Before this company came onboard, the City had received zero dollars for that property. So, I mean, there's different ways to look at it. I'm not saying -- and again, we've talked about not re -litigating this, and I don't think it serves anyone at this point to continue to re -litigate it. I think we all have our unique perspective on this, and that's reflected in our votes, and we move forward Chair Gort: Okay, thank you, sir. Commissioner Suarez: Thank you. END OF PERSONAL APPEARANCE FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ABOLISHING THE COMMUNITY TECHNOLOGY ADVISORY BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ ARTICLE XI/ DIVISION 18, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY TECHNOLOGY ADVISORY BOARD", SECTIONS 2-1271 THROUGH 2-1284, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTION 2-892(4)(J) TO DELETE SAID BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00530 Summary Form FR.pdf 14-00530 Background Information FR.pdf 14-00530 Back -Up from Law Dept FR.pdf 14-00530 Legislation FR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: PA.1. Todd B. Hannon (City Clerk): Chair, that'll be FR.1. Chair Gort: FR.1. Daniel J. Alfonso (City Manager): Commissioner, FR.1 is a request to abolish the Community Technology Advisory Board. This is a board that has not met in over two years, so we're asking City of Miami Page 16 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 the Commission to move the item for first reading. Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Suarez. Commissioner Suarez: Just brief discussion. Chair Gort: It's a public hearing. Let me open to the public first. Go ahead. Yes, sir, you are recognized. Mariano Cruz: Mariano Cruz, 1227 26th Street. I worry about all this information technology. People here have been in the City, they update it, 'cause I am a Microsoft specialist and an electrical engineer, and I know quite a few things. You know, the programs become obsolete, and you are not up to date. It doesn't make any difference you have the best people working there, and I don't care, I don't care how many degrees you got. It's what do you do with the degree you got, okay? That's what it is. It's what you do with what you get, because you learn a lot in the book, but you learn your job by doing it. Thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Anyone else? Anyone else in the public like to address? Seeing none, hearing none, close the public hearing. Yes, Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. By the way, is this our new IT (Information Technology) director? Mr. Alfonso: Yes. Kevin Burns (Director, Information Technology): Yes, sir. Mr. Alfonso: I was going to take the moment and I apologize, Commissioners. Mr. Burns is our new IT director, and I wanted to recognize him at this moment. Commissioner Suarez: 'Cause if it wasn't him, I was going to recommend Mariano, who obviously clearly has IT experience. Chair Gort: Mariano gets -- Commissioner Suarez: So my apologies, sir, because I haven't met you yet. Look, I think it's -- in a way, it's good that we're sunsetting a board that doesn't get used, but I think in another way, it's very tragic, because this is a -- one of the areas that the City of Miami needs to continue to advance on, and the fact that we can't find citizens that are willing to advise us in an area where we clearly need a lot of advice is somewhat shameful. So, I mean, I have no problem sunsetting it. I just hope that this doesn't send a message to the community that we are giving up on technology or, you know, that technology and technology -based solutions are not important to the City of Miami. Mr. Buns: Sir, we're not giving up on that at all. Chair Gort: Excuse me. City of Miami Page 17 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Mr. Burns: We have -- Chair Gort: Excuse me. Mr. Burns: Yes, sir, I' sorry. Chair Gort: Let's allow the new director to introduce himself and explain the reason why we sunset it. And my understanding, from what I read in the document -- 'cause I need for people to understand we make decisions in here, but before we come here, we got this homework that we do two weeks before to make sure when we vote, we vote for the right thing. So chief explain the changes that are going to take place and how we're going to improve the IT Department. And you know that you have an expert here you can consult with. Mr. Burns: Thank you. My name is Kevin Burns, and I am the Information Technology director for City of Miami. We are sunsetting the CTAB (Community Technology Advisory Board), but we have created the Elevate Miami Board in 2010. The reason we're sunsetting the CTAB Board is because the Elevate Miami Board is doing more or will do more for the community than the CTAB Board was going to do. We still have our community outreach program going on with the Elevate Miami Program. We're doing many educational programs in many of the parks and some of the district areas right now and have been doing that for the last four or five years with the Elevate Miami, so that board will be -- we're going to ask that board members be appointed to that, and we will move that board forward and meet and create educational opportunities for the City. Commissioner Suarez: I hope so, and I hope that -- Mr. Chair, if I may just quickly. Chair Gort: Go ahead. Commissioner Suarez: -- you stay with us for a while. Mr. Burns: That is my intention, sir. Commissioner Suarez: Because we've had a lot of turnover at your position, and I think it's a position that we really should drill down on for purposes of the expenses that we incur in the City, and the vision that we have for the future of the City, and how information technology interplays with that vision. Mr. Burns: Yes, sir. I'm a 13-year veteran of the City right now, so my intent is to stay. Commissioner Suarez: Good. Thank you. Chair Gort: Okay, welcome once again, and one of the things that I run a lot into, there's a lot of staff that would like to improve their skills in the computers and at one time, we used to be able to -- anyone that wanted to upgrade their skills in the computer could get a class. If we could establish those programs again, it'll be great. Mr. Burns: Yes, sir. With the new Office 365 program that we voted on and approved at the last Commission meeting, many of that training is coming back to the City with that program. It's all incorporated into that package. Chair Gort: Great. I think the staff and the -- we'll appreciate it. Thank you very much. Any further questions? Okay, being -- all in favor, state it by saying "aye." Mr. Hannon: Chair, Chair, I'm sorry, it's a first reading ordinance. City of Miami Page 18 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 FR.2 14-00527 Office of the City Attorney Chair Gort: It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call -- Chair Gort: Thankyou. Mr. Hannon: Sorry, sir. 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, 4-0. Chair Gort: Thank you, sir. Mr. Burns: Thank you very much. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE," TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00527 Memo - Office of the City Attorney FR.pdf 14-00527 Legislation FR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Victoria Mendez (City Attorney): Commissioners, as to -- going back to FR.2. Then, if you allow me to bring this back in September just with one line basically having that stop gap measure. Chair Gort: Make sure you talk to the other board, and talk to us, and come back to us. Ms. Mendez: Okay. Thank you. Chair Gort: Thankyou. FR.3. Todd B. Hannon (City Clerk): Excuse me, Chair. For administrative purposes, can we -- if FR.2 is not going to be acted upon, if we can -- is there going to be a -- are you --? Ms. Mendez: I guess it's a definite deferral or withdrawn; I'll withdraw it. City of Miami Page 19 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Mr. Hannon: Okay. If I can have a motion to withdraw FR.2. Commissioner Sarnoff. So move. Vice Chair Hardemon: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state -- say "aye." The Commission (Collectively): Aye. Mr. Hannon: Thank you. FR.3 ORDINANCE First Reading 14-00383 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING THE MURAL REGULATIONS BY INCORPORATING THE TERMS OF THE AGREEMENT FOR CUSTOMARY LAND USE FOR MURALS, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO INCLUDE PROCEDURES TO ENSURE EFFECTIVE CONTROL OF THE MURAL PROGRAM IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00383 Summary Form.pdf 14-00383 Pre-Legislation.pdf 14-00383 Legislation.pdf 14-00383 Exhibit.pdf 14-00383-Submittal-Peter Ehrlich.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: FR.3. Vanessa Acosta (Senior Assistant to City Manager): Vanessa Acosta, City Manager's Office. FR.3 is an amendment to Chapter 62 of the City Code in order to effectuate the changes required by the State and Federal agreement as it relates to outdoor advertising. This ordinance will implement all those changes that were agreed to as it relates to spacing with FDOT (Florida Department of Transportation) and FHWA (Federal Highway Administration), as well as have certain provisions to strengthen our ability to enforce our ordinances. Chair Gort: Okay, thank you. It's a public hearing. Yes, sir, you're recognized. Mariano Cruz: Yes. Mariano Cruz. I am chairman ofABDA, Allapattah Business Development Authority. Many people don't know what is that. We take care of business there in the neighborhood. And every time -- well, I haven't seen the backup material of this ordinance, but it is going to simplify the procedure, or people will have to hire a high paid lawyer, zoning lawyer to handle a mural or whatever, or it's going to be simplified and just at the NET City of Miami Page 20 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 (Neighborhood Enhancement Team) Office? That's the purpose of the NET. When the NET were -- Neighborhood Enhancement Team, they suppose to act as mini -City Halls in the neighborhood. We don't have to come to the MRC (Miami Riverside Center) or to any here or whatever, no. If the purpose of the ordinance is to simpl the procedure, fine. If it's going to make it more complicated and to have a mural, you will have to have a -- no -- by Mr. -- the law firm, or Brickell Place, or whatever it is, then that's bad, because that cost a lot of money, okay? Maybe it will cost a lot more money on the mural. Thank you. Chair Gort: Thank you, sir. Anyone else in the public would like to address this issue? Victoria Mendez (City Attorney): Chairman. Chair Gort: Wait. Ms. Mendez: Before you go forward, I just wanted to say a change between first and second just in case anybody wants to comment. Basically, in subsections 9, 12, 9 again and 15, and one more subsection after that, we're going to clam language that goes throughout the ordinance, which is basically saying that if anyone has displayed an illegal mural, banner, sign or any type of outdoor advertising sign in the City by receiving a notice of violation, any summons to appear, or a ticket for any illegal mural, banner, sign or any type of outdoor advertising violation of Chapter 62 that they will be either precluded from getting a relocation permit, precluded from participating in the program, and that'll just be fixed between first and second reading throughout certain sections so that it's all cohesive and clear. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: And I agree with that. I don't think that people who don't follow our laws should be permitted to relocate, but I think it has to be worked on, because, I mean, people have due process rights, and you can't preclude people from doing things without the due process -- process, for lack of a better word -- playing itself out there, because someone can give a ticket, whether it's a notice of violation or whatever the case may be, in error. Ms. Mendez: Right. And the ticket, the ticket process, when you give a ticket, there's a 10-day appeal period. So if they do appeal, then they get their due process. Commissioner Suarez: I get it. Chair Gort: Okay. Commissioner Suarez: But the -- that's not the way that you just -- Ms. Mendez: The different -- Chair Gort: Let me tell you the problem that I have. Ms. Mendez: Yes. Chair Gort: I have a lot of properties within my district, and Pm sure all throughout the districts, there been abandoned property, they've been cited, and they've been cited for the last three years, but they still there. In other words, we got to find a better way to implement our Code and make sure that people go according to the way they should, 'cause I can hear people paying -- they don't pay their fine, because they don't own the property, it's outside property, but the illegality continues to be in the neighborhood. So we got to find a faster way to get rid of City of Miami Page 21 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 these things. Ms. Mendez: And some of those special situations we take to court when it's something that's been egregious or taken more time to address than through the normal Code process, and we'll be happy to work with you on those particular properties that are problematic so that we can also use this process and a court process for Code enforcement violations. Chair Gort: Every time Igo to the supermarket or Igo somewhere within my neighborhood, I got people coming after me, "When are you going to take care of this? When are you going to do this?" So I think one of the things that I'm going to do, all those calls that I receive and complaints, I'm going to forward it to all of you so you can be aware that it's not me, it's the public that's asking for it. I'm sorry, go ahead, Commissioner Suarez. Commissioner Suarez: No, I just -- thank you, Mr. Chair. I just wanted to say that the way that you said it is if someone gets a notice of violation, so I think -- and again, we can do this between first and second reading. We don't have to do this on the floor -- I think it has to be done in a way that people have their due process rights, that's all I'm saying. Ms. Mendez: Right. Commissioner Suarez: So -- Ms. Mendez: And they will, because if they have a notice of violation, that can always go to a hearing. If they have a summons to appear, it'll definitely result in a hearing. We will make sure, though, in order to -- because this is a special project within the City of Miami, we will make sure that every notice of violation that's issued to a property gets a hearing date, so that's inherent in the process, but we'll make sure, based on your recommendation that that is done. One more revision that we wanted to address is that since there is a provision within this new mural ordinance that allows for the City to remove them in cases of safety, life safety issues; that they become special assessments if the City has to engage an exorbitant amount of resources in order to remove one of these things, like get a crane and, you know, do other types of things to remove these things. Chair Gort: Okay. Yes, sir, you're recognized. Peter Ehrlich: Thank you very much, Mr. Chairman, and good morning, Mr. Chairman and Commissioners. My name is Peter Ehrlich. My address is 770 Northeast 69th Street. I'm here to oppose this item. I hope that the four of you will vote "no," not to approve this on first reading. The item would -- is going to allow more large billboards on buildings, and there are many reasons to deny it. We don't think the City benefits from having billboards in -- that are extremely visible along our highways. It makes the City look tacky, and third world, and unattractive, both to residents and tourists, and get a lot of complaints about it through Scenic Miami. In addition, the premise for this legislation is based on customary use. There was an item in the package that's been previously approved, showing photographs of old billboards in Miami. As it turns out, billboards have been illegal in the City of Miami in 1965, and they're illegal in Miami -Dade County in 1972. And the photographs showing billboards that has -- allegedly being customary in Miami. Well, they may have been customary, they may have been up occasionally, but they were illegal. And Miami -Dade Library, Miami -Dade Public Library has files on citizen complaints and photographs of illegal billboards. I've already -- you've already gotten a letter from Bill Brenton from Jacksonville refuting every single billboard that's in the exhibit in the City's application. It is not customary use to have illegal billboards or -- excuse me -- legal billboards in Miami. They were illegal. In every single photograph that's in the exhibit, every single one is refuted. It's either illegal or it wasn't in the proper -- in time frame to pertain to this legislation. And for that and many other reasons, we hope you'll vote "no" on this. City of Miami Page 22 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Thank you, sir. Anyone else? Anyone from the public? Seeing none, hearing none, close the public hearing. Commissioner Sarnoff So move. Commissioner Suarez: Second for discussion. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Suarez. Yes, sir, you're recognized. Commissioner Suarez: Thank you. Thank you, Mr. Chair. I just -- I'm going to do what Commissioner Sarnoff would ordinarily do in this position, which is just, I think, remind the public that the mural ordinance as we have it, and the mural agreements and the billboard agreements are as a result of our attempt to ban outdoor advertising, and the settlements that followed the attempt to ban outdoor advertising. And, you know, I commend Peter and his organization for their objective, you know, which is essentially to eliminate all outdoor advertising. I think it's -- you know there are -- every city that I've gone to, every major city that I've traveled in the world has a certain amount of outdoor advertising. And I'm not saying that it's a good or bad thing, you know; it is what it is. It's just there. I never really noticed it until I got here to be honest with you. It just was part of I guess, what the experience of living in the City was for me. But, you know, I commend them. They're very consistent in their position. I just think it's important for us to frame the facts correctly. Thank you. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff And I'm not going to re -litigate as Commissioner Suarez would say, but when I came to office, there were 79 murals in the City of Miami; 20 were what was called "settlement murals." The City took in approximately $15, 000 annually. Today, the City will potentially take in $4 million a year annually from this mural ordinance. With regard to -- Commissioner Suarez: With half the murals. Commissioner Sarnoff -- comments made by -- Commissioner Suarez: With half the murals, too. Commissioner Sarnoff Sorry? Commissioner Suarez: With half the murals. Commissioner Sarnoff With less than half. Commissioner Suarez: Less than half. Commissioner Sarnoff Yeah, less than half. And with regard to comments made by a former person who actually wrote the mural ordinance, ironically, the -- you know, the suntan girl -- what was that? -- the Coppertone girl back in her day was a mural. The Coca-Cola sign was a mural. The Sunoco -- I guess it was dinosaur -- was a mural. So when somebody says there wasn't a custom there, you know, like it or not, customarily, in the 1940s and '50s -- if you went up and down Biscayne Boulevard, there were displays of advertisement -- you want to call them murals, you want to call them billboards, you want to call them images, you want to call them City of Miami Page 23 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 FR.4 14-00638 Department of Planning and Zoning facsimiles -- these large advertisements existed, and one of the two largest ones existed on 1-395 -- and this even goes before Commissioner Gort, so I'm not going to ask him to remember that. This goes before all of us. This was in the '40s, the '50s, and to some degree, in the '60s. So what this particular revision does, it affords us the opportunity to space out murals to billboards. It gives people a certain amount of time to do so. So in effect, what you're doing here is legislating fewer murals over the period of time in accordance with what our wishes are; is to keep this commodity to a minimum, and if we're going to allow it, to require it to be -- to bring in the maximum amount of money for our citizens so that they don't have to spend their tax dollars and can save money on their taxes in neighborhoods that can't afford to pay. That's all this is. You can call it whatever you want to call it. This will change as the years change, as the advertisements change, and I'm sure we'll be here to visit this -- not probably us, but others -- with regard to this type of displays in the future. But again, I don't think if it wasn't for the mural ordinance, and if it wasn't for the mural revenues, you could couple that with Flagstone, and I'd say the citizens would have paid annually about another 7 to $8 million a year in ad valorems just to make up the difference. Chair Gort: Any further discussion? Yes, ma'am. Ms. Mendez: And Chairman, I just wanted to address two points. This codifies the agreements that we also did with the Florida Department of Transportation and the Department of Transportation, and also with regard to -- it also tightens up the way that we can enforce this program in order to be able to deal properly with the agreements. Chair Gort: An ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT, MORE PARTICULARLY BY CREATING A NEW SECTION 2-213, ENTITLED "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES", CREATING AND IMPLEMENTING A PROCESS FOR RENEWING AND EXTENDING CERTAIN PREVIOUSLY APPROVED DEVELOPMENT ORDERS FORA PERIOD OF TWO (2) YEARS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00638 Summary Form SR.pdf 14-00638 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: FR.4. City of Miami Page 24 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Suarez: Mr. Chair, if I may on FR.4? Chair Gort: Beg your pardon? Commissioner Suarez: Thank you. FR.4 is an ordinance which it has a history to it, so I'll -- I'm going to -- if you will indulge me, I have to really go back and explain the history of FR (first reading) -- Chair Gort: I got a history I'm going to follow up, too. Commissioner Suarez: I'm sorry? Chair Gort: I got a history I'm going to follow up, too. Commissioner Suarez: Okay. Chair Gort: It's good. Commissioner Suarez: Well, the way it started from my perspective was that the citizens of Shenandoah were promised that a fire station that was located on Shenandoah Park would be a temporary station. Fast forward 12 years later and the temporary station is still at -- on Shenandoah. There have been at least two or three attempts since I've been Commissioner the last four years to try to find an alternate site unsuccessfully, and we had $4.6 million allocated for a fire station, which was going to be located according to the Administration, on Shenandoah Park, which would have not only made what was a temporary station permanent, but would have taken up an additional 10 to 20,000 square feet of land on Shenandoah Park. The residents of Shenandoah vehemently objected to that, and asked myself and members of the Administration to go back and reanalyze it. When the Administration, to be completely frank with you -- and I can understand why -- was kind of exhausted with this issue, because we had gone back to the drawing board at least two or three times in the four years that I have been there, and the bond money had been and Sunshine State money had been committed for a long time. So we went back to the drawing board, and we're very, very fortunate that another property in my district on 31st Avenue and Coral Way, which is in a very unsightly andl would say very dangerous condition -- Chair Gort: Which should have been filled up. Commissioner Suarez: -- which should have been filled up with -- Chair Gort: (UNINTELLIGIBLE) things that we passed two years ago. Commissioner Suarez: Yep. -- with pilings in the ground. And I know the City Attorney was working on getting them to fill that site. That was purchased in bankruptcy in the process of us going back and looking at alternate sites which would be eligible for a fire station. Parenthetically, I would say that that happens to be about a block away from where that tragic accident occurred the day that the boating accident occurred, where I believe one or two motorists were killed. And this particular site happened to fit within the possible area where a fire station could be located to service the same area that the Shenandoah station was servicing. So we reached out to the developer and found out that they were going to assert their rights through the bankruptcy code through the stay in bankruptcy to get their vested rights under 11000. So rather than get into a protracted legal battle that the City may or may not win, we entered into negotiations with them to see if there was a way that we could get them to create a public benefit in exchange for opening up the window for them to have rights that they may have already had and may have successfully gained through litigation. And the byproduct of that was an agreement, which I was hoping that you all would have today, and unfortunately, you do not. City of Miami Page 25 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 But it will be coming before the Commission in the next two weeks, which is a development agreement to build for the first time I think in the history of the City of Miami a fire station within a building. It will be built at the developer's cost. The City of Miami will put in a million dollars, which will save the City in construction cost $3.6 million. We will also be receiving a 99 -- I think three 99-year leases on the land, which is essentially 300 years' worth of you know, of a property, which could, if they convert to condominiums, end up being a fee simple, and I think that -- I'm not sure, 'cause I haven't seen the development agreement. I'm hopeful that that's in the development agreement, but again, I haven't seen it. They also would be contributing $100,000 towards furniture and equipment in the new fire station. So what it will do is it will save the City of Miami approximately $3.6 million in construction cost. It'll save the City of Miami acquisition -- land acquisition cost. It'll free up Shenandoah Park, which will be a tremendous benefit for the residents of the City of Miami, and hopefully, they'll be here on second reading with a resolution in favor and in support of this ordinance and the development agreement that accompanies it. I really -- and just so you know, Henry Torres, before leaving had done a cost analysis of what the savings would be if we had to rent out the station for 99 years, and it's a market rate savings of $61 million if we had to rent it out for 99 years. And this is a three period, 99-year period rental. So we're going to save the City of Miami theoretically $180 million in rental cost; $3.6 million in construction cost; $100,000 that the developer is chipping in for furniture and equipment. I have to say that, you know, I have to thank a lot of people. This is a significant deal for the City of Miami. And first, I'd have to thank the Shenandoah residents who would not give up on this issue, and kept urging myself and the members of the Administration to continue to look at it. I'd also like to thank all of the members of the Administration starting from the City Manager, the Fire Chief his Deputy Chiefs, the Planning Department, the City Attorneys Office; everyone who was involved in the many meetings over several weeks and months that led us to this point. I know that this particular ordinance, as crafted, is as narrowly crafted as possible to make sure that there's no unintended consequences, but I just want to thank everyone who has participated in this process; without their help and without being open-minded, this would not have been possible. There were some criteria that we set out from the beginning, one of which was that this station had to be built within the same timeline as it would have been built had it been built on Shenandoah; we accomplished that. We obviously had a tremendous amount of savings and we worked with the Planning Department to make sure that whatever building was built there was one that they could live with, and working with the legal department to get the development agreement finalized, which, unfortunately, we don't have finalized at this moment, but hopefully, we'll have in the near future. So I thank all of them. It's really one of the proudest moments that I've had as a City of Miami Commissioner in terms of dealing with the Administration and their competency in getting something like this done. I want to thank the Manager for his help; everyone who was involved. And I move the item, and I ask for the support of my colleagues. Chair Gort: This is a motion. Is there a second? Commissioner Carollo: Second, discussion. Chair Gort: Motion and second by Commissioner Carollo. Let me open it to the public. Yes, sir, you're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'd like to talk in favor of having. I have -- I happen to have Station 5 six blocks from my house. I had to use it maybe two or three times in the last few years, and that's it, that's it, no problem at all. So now I don't go to the people, the NIMBY (Not in My Back Yard) or the NIMFY (Not in My Front Yard) factor, not in my back yard or my front yard. No, I like to have them next to me, because I call them once because I fell down in the bathroom, they took me to the VA (Veterans Affairs) (INAUDIBLE) right away they came. There was a awful fire across from the house; they came right away. The fire was so intense even the pavement burned, and they stopped the fire from spreading to houses or to other people. So it pays to be close to the fire station, to be close to you, and now I see the station has City of Miami Page 26 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 been painted and fixed and all that. That's good. That's something good. Even I was -- oh, one thing I have to talk, because the 24, I won't be here. I'll be in the City of Brotherly Love, everything paid. Chair Gort: Good for you. Mr. Cruz: Everything paid, everything paid. Convention. Pennsylvania Convention Hall (UNINTELLIGIBLE), from the 20th till the 27th, so I won't be here. Okay, thank you. Chair Gort: (UNINTELLIGIBLE) for me. Thank you. Thank you, sir. Is anyone else in the public would like to address? Seeing none, hearing none, close the public hearings. Renita Holmes: I'm here, it's just my -- Chair Gort: Oh, yes, ma'am, you're recognized. Ms. Holmes: I'd like to give Mariano his time. I get him in trouble all the time. Good afternoon -- good morning. Sorry I'm late. My name is Madam Holmes. I'm a resident of City of Miami and I'd like to speak for myself, just a member of the public, and I think this is a great pilot program. I like the fact that we have this relationship not just here on the dais, because the biggest thing when it comes to public land and access is that the people that surround the public land are more accessible to other folks coming to and fro. I'm going to make a special -- ask particularly to my Commissioner, Commissioner Hardemon, that we have property, and quite often, when property is developed, particularly in communities that are gentrified out, it's for the lack of participation of those who have been a grass root and historically involved. And without going further detail, I know we've had conversations. I want to have a pro -- quota -- a quorum of folks that are residents and citizens to participate. There's a way for that to be done and I began a conversation, you know, and we want to have more impact; not just being built for us in our community, but built with community people. And we'll further define that if we have that quota of folks like me involved who have professional accreditation, who have been involved. I don't want to be an outsider. We'll talk about that some more, please, sir. And I want to thank this gentleman and his staff, because immeasurably, they have allowed public access to the process. Thank you very much. I'd like to see that continue; talk to you soon. Chair Gort: Thank you. By the way, this is not a public land, this is a private land. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to say that I really like the idea that finally, there's going to be some solution to the fire station in Shenandoah. Having shared the area of Shenandoah with Commissioner Suarez, I know that it was a contentious issues at times, and at times there seemed to be no solution, and at times there were, and it was just a difficult situation, so I'm really glad to see that it appears like there's going to be some solution to it. I think the location also is a great location. And the only thing that I'm just a little concerned about is that we're focusing on this issue, but this ordinance is citywide, so I just want to make sure what other buildings would this affect. I have no problem with the 32ndAvenue location; for argument sake, I think it's 33rd or -- Commissioner Suarez: It's 31st. Commissioner Carollo: Yeah, 31st. However, I'm just concerned about what other buildings this could affect since we're doing it citywide, and it's not just particular to that location. So I don't City of Miami Page 27 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 know if between first and second reading the Administration could have that to see what type of, you know, impact it could have citywide. Chair Gort: Thank you. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Okay, wait. Yes, sir. Commissioner Carollo: I'm sorry. I think Mr. Garcia was going to -- Chair Gort: Yeah, but I have some questions myself. I got other questions. My understanding, it says they're getting -- invested 1100 [sic], right? Commissioner Suarez: That's right. Chair Gort: In other words, they're constructing under 1100 [sic]. Commissioner Suarez: That's correct. Chair Gort: The permit they had filed before. I applaud you, and the Administration, and the individual for doing this. But you know what? I have a problem because we have a lot of this MUSP (Major Use Special Permit) (UNINTELLIGIBLE), they have come back to us, they have been given credit, and they can re-establish again. But in my neighborhood, we don't have -- and I'm going to quote you, Mariano -- we don't have the consultants, we don't have the lobbyists, we don't have the lawyers, and we have projects that were stopped because of financial crisis; people had permit to build under Miami -- not Miami 21 -- under 1100 [sic]. They came back to us and the only reason they were not able to pull the permit because the bank told them, "Look, it's not" -- "we not going to finance you because this not the time to build" So as good as you work, all of you to do this, which I think is great, and I'm for it, I'd like to see the same effort in these other neighborhoods, because in my neighborhoods, it's very difficult. We have little individuals that have their projects that have been done, they had to stop because of financial crisis, and maybe since you can find certain ordinance to be able to do this, you can find something very similar to be able to do the other ones, too, 'cause I'm sure you can all get together and come up with the right answer. Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Any further discussion? Yes, sir. Commissioner Suarez: Just very briefly. First, I'd like to -- Mr. Garcia to address the Commissioners' issue and then I want to just say one last thing based on what you said, Mr. Chair. Francisco Garcia: Thank you, Mr. Chair, Commissioners. Francisco Garcia, Planning & Zoning director for the record. I wanted to say two brief things. Clearly, the background information has been put forth for you and on the record. This is a pilot program; it is intended to last for two years. And as to Commissioner Carollo's question, we don't know at this time what the universe of properties affected by this pilot program will be. We have access to some information that can give us an idea, and we're happy to do that research. I don't know that we will ever know specifically how many properties are entitled. I will tell you this, and the reason why we're certainly behind this, and we think it's certainly a very good idea is that although it is applicable citywide, we feel that embedded in this ordinance we have regulations which, when applied will result in buildings that will very much be complying with the intent of Miami 21. So to that extent, we feel supremely comfortable that this ordinance does the right thing for the City. City of Miami Page 28 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: And -- Chair Gort: Comply with the intent. Okay, go ahead. Mr. Garcia: Yes, sir. Commissioner Carollo: And this is not, you know, my expertise subject area, but is it possible to see how many open 1100 [sic] permits are out there, and see can all those potential properties then request to continue with 1100 [sic]? Mr. Garcia: Subject to the terms of the ordinance, yes; absolutely, we can do that research. Commissioner Carollo: So is it possible then to pull all the existing ones and see --? I don't know how long the list will be, I'm not sure. I just want to get some sense, because again, I definitely see the intent of this location, and I agree, especially when, you know, it's a potential cost savings. Obviously, we haven't seen the agreement yet, but it definitely appears like it's going to be a potential cost savings. And at the same time, it's something the Shenandoah area has been wanting for a long time. And actually, if you speak to the Fire Department, they'll tell you we've been needing for a long time. So I think this is something that can be potentially very good. However, I want to see if, you know, since this is a citywide ordinance, if the potential is there for unforeseen circumstances in other locations that we may not necessarily want, and I just want, you know, to be able to do our due diligence before we pass this on second reading. Commissioner Suarez: Let me just say a few things, Mr. Chair, if I may. Chair Gort: Yes, go ahead. Commissioner Suarez: 'Cause I think I addressed both the points, and let me just take a step back and address one of the things that you said, Commissioner Carollo. You're absolutely right, the conditions under which the current firefighters are operating in the temporary station are very poor. And the Chief and I, and his deputy have -- I think one of the good byproducts of this is because we have a plan in place, and because we'll have an agreement in place, they now feel comfortable to update and upgrade the temporary station with a new temporary station, because the current temporary station is in very, very bad condition. I mean, it's not the place where you would let your daughter or my son run through without supervision and that's not what we want from our fire station. So I'm thankful that through this process, that was something that came out, and I'm thankful to the Chief and his deputy, and Robert, and Freddie, who walked it with me that that's going to be another positive byproduct of this. I was assured in the meetings multiple times that although this has citywide applicability that the universe of properties -- that this was tailored in such a narrow way so that the universe of properties would be very finite and would certainly -- the Administration felt comfortable that it would not have any sort of unintended consequences, negative consequences. So I was assured on multiple occasions, so I'm sure that between first and second, you guys can sit down and hopefully -- and I'd like to know, as well, you know. As to the Chair's issues, you know, this was a tough one for me, because I made the mapping change or I led the charge to make the mapping change to actually downzone Coral Way. So for me -- to T5 -- so for me, this was a tough one. This is next to a very, very tall building, and it's in a very, very bad condition in a very dangerous condition. Chair Gort: My doctor is right across the street. I see it all the time. City of Miami Page 29 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Suarez: Yeah. So, you know, for me, it was tough, because philosophically, I'm in one place; yet, there was a very positive benefit in combination with the fact that very possibly, they could have gotten this without having to do this. This just, I think, makes it easier and expedites the process. So, you now, I wanted to take advantage of the opportunity and try to get some major public benefit, and we were able to do that. So in a sense, we were very fortunate, you know, that from a time perspective, this all kind of happened. Again, I want to thank also -- I can't believe I didn't thank Henry, who is not here with us, and his team, and Asset Management, because they continued to look at the area that was identified by the Fire Department as an area where a station could be located, and they kept us abreast of the evolution of the status of properties in that area, because it was really difficult. There's just not that many properties that fit the criteria. And then, of course, the problem that the Chief would always remind me of is, "Commissioner, we don't have any money for land acquisition," you know, "We have four and a half million dollars to build the station, but we don't have any money to actually acquire the land to build the station." So -- and I said, "Chief have faith, we'll figure it out. I'll -- we'll come up with something and we'll find the money." And I want to thank him for sticking with me and for, you know, having his team, you know, be fully committed from a technical perspective, you know, to make sure that we have a technically up -- you know -- updated and first-rate fire station to go along with our Fire Department, and just to be patient to know that this process was going to unwind in a timely fashion, that we would get here quickly, and that the station would be built, so I really want to thank him for that. Thank you. Chair Gort: Commissioner Suarez, my congratulations to you and thanks to your developer for agreeing to create that. I think it's great. But since we're going citywide, and here, it says "foreclosure of property" -- in other words, somebody says, "The hell with it, that's it, I'm out." I have people that held their property, they didn't go in foreclosure. And now, when the things are getting better, they cannot do it. So maybe it should be foreclosure and financial crisis, 'cause we got to help the other people. In my neighborhoods, I know we have to, because they were able to keep their property, they didn't had to foreclose on them, and now, they want to develop and they can't. Okay? Commissioner Suarez: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff First off, I hope the fire station works, but I share a little -- I share a lot of what Commissioner Carollo has to say, which is the law of unintended consequences. If we're going to open the window, why don't we call it a pilot project, open the window for a year, close the window. I'm a Miami 21 fan. I don't want to see a bunch of 11000 arguments coming into District 2 and claiming that, "No, I can build in District 2 according to 11000." Even though I do trust Francisco Garcia, you shouldn't trust in the person; you should trust in the office. And I'm not in favor of anything more than a year to open this up, because I don't know what this really means to the City. Commissioner Suarez: And let me just say to that point, I didn't come up with a year or two years, or three years. I think there was at one point a draft that there was going to be three years. I think -- I left that to Francisco to determine, because he's the expert, and he can understand the scope of the legislation and the impact, so if you don't mind, Commissioner, if we could pass it on first. Commissioner Sarnoff Yeah, fine. Commissioner Suarez: And then, you know, on second, we can decide, you know, those things, 'cause those things are all valid questions, I think. And the irony of it is I think we're looking at it City of Miami Page 30 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 -- you, myself and Commissioner Carollo are looking at it from a different perspective than Commissioner Gort, so I think, you know, that also has to be kind of vetted out between first and second reading. Commissioner Sarnoff Just to let you know, there's a piece of property -- Cabi (phonetic), the Cabi property. Commissioner Suarez: Yeah, I know which one you're talking about. Commissioner Sarnoff Right. Should that build according to 11000, or should that build according to 21? Commissioner Suarez: Well, I can't answer that question, but I can tell you that Francisco was very, very careful from day one to say that we were going to incorporate requirements that -- they have to confirm with Miami 21. So -- and that was part of the discussion from day one, and I backed him up on that a thousand percent. And I think the final product that you'll see will be a product that is in, you know, conformity with those design standards. Commissioner Sarnoff And just so that the debate is clear so they can read between first and second reading, you may get a 21 designed building, which means you may get the cake, so to speak, but you get the density of an 11000, so that's why I say, you know -- and this is for Brickell, this is Brickell West. What is the density? What is the intensity? Commissioner Suarez: Yeah, and those are all valid questions. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And that was exactly my point, Commissioner Sarnoff. And I guess in a way, to a certain degree, I guess I'm a little biased, because this -- I really want to see this happen in that location, and I'll tell you why. It actually solves at least two problems that I've seen. One is the fire station for the Shenandoah area that for a very, very long time, there's been a lot of -- certain tug-o-war and certain contemplation how to do it and so forth; that's number one. And number two, I know a few years back, I was able to solve -- there was a problem in District 3, and I would imagine it was citywide, also, which was excavated sites; sites that were actually excavated, and was there was ponds, or swamps, or however you want to mention it. And depending what time of the day or night you would go by, you could hear the frogs, and actually it became a -- Chair Gort: Twenty-second Avenue and 6th Street. Commissioner Carollo: Yeah. And actually, it became a safety problem, when you see little kids walking around the area and it wasn't fenced off, or the fence was actually broken and they could go in, so it was a big issue. And I know this was one of the areas that we tried to apply that ordinance, and even though I was very successful in at least three sites that I could think of right now in District 3, in this site, I think there were pilings coming out of the ground -- Commissioner Suarez: Still is. Commissioner Carollo: -- so it made it very difficult. So this would also solve that problem that for many years, we were trying to see how to solve. So I guess I'm biased, 'cause I know the location very well, and I would like to see this happen. However, I'm not, you know, oblivious to the fact that this could have unwanted circumstances in other areas of the City, and that's why I'm bringing it up, to see if we could pass this on first reading, and maybe between first and City of Miami Page 31 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 RE.1 14-00509 second we could see how many other potential sites this could happen citywide; in District 2, in District 3 and all over the City, you know, so we can make a prudent decision -- Chair Gort: District 5, District 1, all of them. Commissioner Carollo: Exactly. So -- Chair Gort: All part of the City. Commissioner Carollo: -- and I guess what I'm saying is although we're using one location as an example, there may be other locations, too. And although I want to solve this issue in District 4, for the issues that I just mentioned, I want to make sure that we don't cause another problem somewhere else by fixing this problem. Victoria Mendez (City Attorney): If I may, with the legislation of the excavated sites that we worked on, there were about 15 excavated sites that had issues. The City Attorney's Office dealt with pretty much all of them except for those that were in bankruptcy, because we had a difficulty -- probably three of those, of the 15 that we had, so I just wanted to point that out. Thank you. Commissioner Suarez: And I think that sheds a little light on the universe, which, you know, it's a very small universe. I don't know, Commissioner Sarnoff, of the one that you -- I know the property you speak of. I don't know the -- I don't know how it would interplay with this, 'cause it never came up in our discussions. The only thing that I know that did come up was we did very much talk about the law of unintended consequences, and we -- you know, I put the onus on the Planning Department to make sure that whatever was advanced to this Commission was something that would not have those unintended consequences. In other words, that we had a very good understanding, a firm understanding of what this could affect. So we'll -- I guess we'll deal with that between first and second, but I appreciate your indulgence on first reading, and then we'll go from there. Thank you. Thank you for your concerns, too. Chair Gort: Okay. My suggestion is whenever you have a pilot program, you're going to apply it citywide, make sure you sit down with all the Commission, because they can use some additional ideas. Commissioner Suarez: Of course. Chair Gort: 'Cause remember, all the neighborhoods got different issues that we need to address. Okay, 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.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Great presentation, Lucia, like always. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION City of Miami Page 32 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Department of Capital Improvement Programs/Transportat ion A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 14-0203, ADOPTED MAY 22, 2014 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 14-00509 Summary Form.pdf 14-00509 Additional Back -Up - Bond Projects.pdf 14-00509 Legislation.pdf 14-00509 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0258 Daniel J. Alfonso (City Manager): RE.1. Commissioner Suarez: What? Commissioner Carollo: RE.1. Chair Gort: All right. Commissioner Carollo: RE.1. Chair Gort: RE.1. Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. RE.1 is our capital appropriations item for the first meeting yearend. We -- this is a continuation of our street bonds compliance. As you all know, the street bonds have a spend -down deadline in December, so we have a number of project appropriation transfers that we're proffering here today. There is afloor amendment that I'd like to proffer. Items number 19, 20, 21, 23, and 24, which are District 2 transfers, those transfers should go to project 30718, which is 1-95 side streets, not South Grove Pave Street Roadway and Drainage Improvements project. There are also four amendments for District 3 -- or additions, actually. They -- I'm going to read them as follows: should be $109, 000 to transfer from B-40686 to B-40349, Southwest 1st Street, from 28th to 29th Road; 48,000 from B-40686 to B-40350, Southwest 2nd Street, from 15th to 16th Avenue; 43, 000 from B-40686 to B-40351, Southwest 2nd Street, from 16th to 17th Avenue; and 235, 000 from B-40686 to B-40352, Southwest 16th Street, from 14th to 17th Avenue. The rest remains unchanged. Commissioner Suarez: Mr. Chair, if I can just ask a quick question? Chair Gort: Yes. Commissioner Suarez: Those are all inter -district for both the districts. Mr. Spanioli: Correct. Commissioner Suarez: (UNINTELLIGIBLE). Mr. Spanioli: Those are inter -district, correct. City of Miami Page 33 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 RE.2 14-00600 District 4- Commissioner Francis Suarez Chair Gort: Okay. Commissioner Carollo: Move it. Chair Gort: Do we have further discussion? Commissioner Suarez: Second Chair Gort: Been moved by Commissioner Carollo. Commissioner Suarez: Second. Chair Gort: Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Discussion. Being none, all in favor, state it by saying 5ye. " The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO REFORM ITS EXISTING REGULATIONS UNDER CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING DIGITAL DISPATCH PROVIDERS OF FOR -HIRE TRANSPORTATION SERVICES AND THEIR DRIVERS TO OPERATE IN MIAMI-DADE COUNTY; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 14-00600 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0259 Chair Gort: Okay, we have three now. We have quorum. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I think we have -- we don't have all five Commissioners, but we have a quorum. So I had asked if we could hear at 3 o'clock the item related to on -demand [sic] Transportation Services. And I recently came from New York City and was able to use Uber for the first time, and Uber is an on -demand transportation service, like Lyft. And as the citizens -- the City's MPO (Metropolitan Planning Organization) board member tasked with trying to find better ways and more comprehensive ways to implement transit solutions and mass transit in the City and in the County, I felt compelled to urge the County Commission to open things up and City of Miami Page 34 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 allow for these companies that utilize technology in a way that hasn't been done before for ease of payment, for accountability with the drivers, and for ease of pick-up and drop-off, and it's being done all over the world, as Mr. Talbert, from the Greater Miami Visitors & Conventions Bureau, will test to, but in my resolution I talk about some of the cities in the US (United States). The City of Seattle, the City of Detroit, the City of Jacksonville, and the City of Chicago, the City of Austin, among many, many others around the world that are enacting ordinances to implement transportation network companies, such as Uber and Lyft. I think it's important that we, as a city, do everything that we can to promote -- as we have with the wheel -based trolley system, by the way. You know, I think we would love to have the resources to have mass transit in a real way like major cities across the world have, but we're realistic and we understand that right now, the best that we can do is the trolley system that we have, which, I think, is working phenomenally well, and I think our citizens have embraced that system. But there are other systems that are exciting, that are new, that, you know, use technology; and I think we, as a city, and myself -- I see my -- my role as your MPO board member as someone who was tasked with finding solutions and bringing them to this Commission so that we can support them in a way to build our transportation infrastructure network. So I'm asking the Commission to support the City's request of the County that they allow for these very important transportation -related innovative solutions to be implemented in the County and in the City. And I would ask the City also to -- my colleagues to allow me to speak in front of the County Commission and communicate that support to the County Commissioners so that they understand that aside from the business community that'll be here supporting these items, we have other governments. And Mr. Talbert brought to my attention that the City of Miami Beach has also brought a resolution supporting these transportation mechanisms. So with that said, I'll move the item. Chair Gort: There's a motion. Is there a second? Vice Chair Hardemon: Say that -- I second for discussion. Chair Gort: (UNINTELLIGIBLE) been moved and discussion. Vice Chair Hardemon: Second. I've never, myself personally, used Uber, and that's probably the only 30 year -old person that probably ever to say that, but -- and I know that it -- just not with these types of services, right. I'll put it that way. And I know they exist in a lot of different cities. As someone who's never used it before, I do think about different safety hazards, 'cause I can think back to -- I've never purchased anything on -- what was the name of the service that people would use and they had -- someone was killing people every time he would meet up with them? Unidentified Speaker: Craig's List. Vice Chair Hardemon: Right. Commissioner Suarez: Oh, yeah. Vice Chair Hardemon: Craig's List -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- killers and stuff. So people go on Craig's List and they meet up with certain people, which, to me, is about the same type of thing. This is a service that's being provided through some company. People meet up; they take a ride in that car. But from what I understand, there's not necessarily, say, training or anything that goes into the people who will be in these -- who'll drive these vehicles, compared to like our taxicab industry, which I think is somewhat dated, but the taxicab industry where you know you have these licensed drivers, you know "X, " "Y, " and "Z" about them. You have all this information they give you upfront. So, City of Miami Page 35 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 for me, it's not necessarily about preserving the taxi industry, but more so, the safety of the people who are going to be riding in the vehicles. And we know that this is a County issue. Commissioner Suarez: Sure. Vice Chair Hardemon: And I don't know how much it means to the County to have a resolution from the City of Miami urging them to make the -- to make accommodations for them. But at the same time, I feel like where I am, not knowing much about it, it puts me in the unique situation where I would love to hear more about these services from these two groups of people. 'Cause when the County had this issue come up before them, it was the taxicab industry on one side -- Commissioner Suarez: Right. Vice Chair Hardemon: -- and these services on another. So I know this is a hot -button issue, but I would welcome you -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- being a part of the MPO and representing the City of Miami, to appear just to engage in a conversation about this, because at some point, the industry has to evolve, just like it did when jitneys entered into the situation. Commissioner Suarez: I think you're absolutely right, Commissioner. Mr. Vice Chair, I think part of this is about engaging in a certain type of transportation that maybe is a little different and pushes the envelope, and I'll give you an example. And I have used Uber. And Uber, which is different from in a taxicab, for example, you have -- right away you see the person who's picking you up, so you have that person on your cell phone. You have the person's name, their picture; you get their cell phone number, so you have direct communication, which you wouldn't normally have in a taxicab. Depending on the cab, you have also a payment, ease of payment, so you -- basically, just by virtue of being in the vehicle and then leaving the vehicle, you make your payment. The other thing that's interesting is that you cannot get another Uber car until you rate the driver. And the driver cannot get another passenger until they rate the passenger. So there is a constant rating system that's going on that will prevent -- which doesn't happen in the taxicab industry -- you know, a bad driver or someone who's not being courteous and kind, and I think that's one of the complaints about the taxi industry. From my perspective, this is not about the taxi industry at all. I know that they would disagree with that statement, but for me, it's not about that. For me, it's about having options and opening up -- you know, we're a city with a lot of challenges in the transportation front, and I think, you know, we have to strive. As elected officials, we're always talking about how are we going to think outside of the box and try to come up with solutions. And I think you're right in the last thing you said, which is this may not be necessarily a solution as much as it can be an option that maybe forces the taxi companies to become more competitive and to offer some of these same type of technologies. For example, being more point to point in terms of how you request one. Instead of having to pick up the phone, you can have an app. Being more point to point in terms of payment; rather than having to -- some taxis don't have, you know, the credit card machine; you have to have cash. I think in a city where we often worry about drunk driving, you want to make sure that if you don't have cash -- you don't have access to cash, you can get public transportation easily and get from one point to another without endangering yourself or others. So I think that's an important component in this debate. I think you're right. You know, we -- I often wonder when we pass resolutions, whether -- what's the County going to do with them? I know we just -- we did one last week for Parcel "B," you know, urging them to do something with Parcel "B," and hopefully, they're now putting on a resolution on Parcel "B" as well and they're also putting on a resolution, just so you know, from my understanding, Commissioner Bovo and others -- I think Commissioner Barreiro may be as well -- putting on a resolution on par -- I'm sorry -- on Uber and Lyft point to point. So I think it's helpful to them as County Commissioners to see that City of Miami Page 36 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 there's support on the City side, when they go out on tough issues, to know that our population supports them and supports the idea of maybe increasing competition and making sure that everyone is -- that we're exploring all the options that we have, because we're a city and a county that -- it's only -- one of its only -- in my opinion, one of its only downfalls or one of its only major challenges, aside from the crime issue that we talked about and major crime, is mass transit. I mean, I think that, for me, is one of the big issues that we do not have that other major cities -- Washington, New York, Philadelphia, London, Paris. I mean, all the major cities have a true mass transit system, and ours is kind of like a piecemeal system, and in the City, we're trying to do the best that we can with the half -cent funds that we receive per the trolley system, but I think this allows us to expand our options, and I think there are enough checks and balances in the system where riders can be considered safe and know who their driver is and have access to actual information that they wouldn't even have on a taxicab. I mean, they get to rate the driver right away, right as they finish a ride versus -- I wouldn't even know ifI had a bad experience -- by the way, I have never had a bad experience in a taxi, so I can't -- I'm not one of these -- it's not an anti -taxi thing for me at all. I have had great experiences in taxis, and I have no issues with taxis. For me, it's more about having more options. And you know, maybe the taxi system works well from the airport, but if I'm home, you know what I mean, maybe it takes longer for a taxi than for an Uber car that I can track on my phone; I can see how far it is; I can see the distance, and I could see if it's getting here or not getting here, so you know, that's my perspective. I know that there are some people that came here to speak in favor of it, and I'd love to hear their perspective as well. Chair Gort: Well, I'll open it for public hearing in a minute, but I personally would like to tell you, I need more information. I will not be able to take a vote today here, 'cause I don't know enough about this thing. I don't know how it works. I don't know the regulations and this is -- I read about it in the paper what's been going on with the County Commission, the presentations being made, where they have both sides making presentations. Let me open, if you don't mind a public hearing, and then we'll close -- Commissioner Suarez: Okay. Chair Gort: -- the public hearing; make comments among our self [sic]. Gustavo Chacon. Gustavo Chacon: Thank you. Gustavo Chacon, 1051 Northwest 18th Avenue. For the past 18 years, I've been driving limousines, and I have not been able to obtain one permit for myself. I support Uber or Lyfi or anyone that will come and give the free enterprise. The things against them, they claim, is that the insurance and the licensing. The insurance is a joke. Super Shuttle, the company that operates the Miami Airport, is unregulated. They don't have permits, licenses, driver's hack, and I do have to have it. I do have Broward and Dade County permits to operate, but I can't operate due to the County regulatory. And so to protect an industry or (UNINTELLIGIBLE), I think the free enterprise need more choices. Thank you. Chair Gort: Let me ask you a question. To run your limousine, you got to have a permit from the County, right? Mr. Chacon: In order to get the hack License, you have to put up for a permit. It's -- they'll have your background checked in the State and your driving records. If you get your license suspended, you will get that other license suspended also. It's like a big card, or what they call "tarjeton" on the buses or the school buses. And at the moment, on permits for sedans or black sedans or what they call "limos," it's only 626 regulated in the County. Out of that 626, 258 are from Broward and Palm Beach County, so it's very far apart to get one of them to come up here. That's why I'm supporting Uber or Lyfi. Chair Gort: Okay, thank you. City of Miami Page 37 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Mr. Chacon: My pleasure. Chair Gort: Gustavo -- Emilio Izquierdo. Emilio Izquierdo: Good afternoon. My name is Emilio Izquierdo, Jr., andl live at 7212 Southwest 21 st Street, Miami. Thanks for this opportunity. I'm here to support this resolution, because I believe in progress, modernization, and free enterprise. I'm a professional limo drive, independent, and the Miami -Dade County does not allow us to make a living to support our families, and they do not allow us either to work real as independent professional limo drivers. It's simple like that. And again, I'm here to support Uber and Lyft and any competition. And with all my respects, I'm asking this Commission and the Mayor of the City of Miami to vote in favor of this resolution and make another resolution to ask the Miami -Dade County Commission and the Mayor to support and respect us like law-abiding citizens. Give us the permits to operate as independent limo drivers in Miami -Dade County. If you have any question, you can call us 24/7. We believe and we support and we give the excellent service for 17 years to Miami -Dade County celebrities and big persons, but let me tell you something. I call first irregularities, but in for hires transportation in Miami, in combination for the tourists and other group of people, what they have there -- and excuse me, because this word is a mafia. My telephone number is 305-345-4927, and I'm accountable for anything that I'm saying here. Thank you so much. Chair Gort: Thank you, sir. Ms. Holmes, you're up. Renita Holmes: Thank you. In attending the Transportation Infrastructure Subcommittee meeting yesterday in my daily job at the County, many issues. It was nice to hear the debate, but the bottom line for me was that -- and I remember Magic City Cab, if we still had it. It was the Liberty City Jitney. We don't have that. We travel in and out. We depend on the infrastructure and transportations that are in line now. But still, the main thing was fairness. The cab drivers paved the way, and it wasn't really about the drivers so much as it was about and is about the medallion holders. We created a charter, and I believe it's chap -- 31 that said if you do this, do that, you would be coded and be regulated, and this would protect the consumers, whether they're consumers from abroad or the consumers here locally, because local taxis and local bus services, we really don't get in the inner city, and we have to deal with duplicate, so I understand where you're coming from. What's the fairness in it? Why do we regulate taxi drivers who have paved historical coding and regulations on what they did, based on what the County describe? And now we have people that are coming in. I resubmit, if you are going to do four square or the application on four wheels, then you need to be on four points: consumer rights to protection, drivers need to be protected, cars, Americans with Disability Act. These drivers know that law. The medallion holders and the corporations know. But does the Uber driver, who may be someone who wants to carpool with dog lovers -- they had LGBT (Lesbian, Gay, Bisexual and Transgender) folks come out from another city, much younger girls who don't know that some of these hire for taxis will drop your 15-year-old at the booty club, particularly in the Little Haiti area. I believe we had some of the homeowners that were here that would talk about that. That's another issue. So safety is the issue. Fairness is the issue. How do we grandfather in those or how do we allow people to come along who are operating now to be thugs in a system that we have none? City has none, really. But in that -- the last one, I get profiled. I get a Uber, ain't nobody in my neighborhood willing to come pick me up, so there you go. Thank you. Chair Gort: Thank you. Bill Talbert. William Talbert: Thank you very much. Bill Talbert, Greater Miami Convention & Visitors' Bureau, 701 Brickell. I'm your official destination sales and marketing company. Uber is incremental business for a driver. If you drive for any company, you can sign on with Uber. You get the computer, you put it on; you're logged on. It's incremental business. You don't want to, you want to go back to your other driving business, you take it off. It is the most accessible City of Miami Page 38 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 incremental business. And you talk to any driver. Now, as your destination sales and marketing company, in January there were 110 cities in the world on Uber. Today there are 142 cities in the world. I mean, last year, as you know in our reports, more than half of your visitors were international. You've got 78 cities in North America. You got 25 in Asian -- in Asia -Pacific; Europe, Middle East, and Africa, 32. Every one of our competitive cities has this service, trust me. Name a city, they've got it. All three cities when we were in South Africa have it. Paris, London, Madrid Chicago, Atlanta, Honolulu, New York, Philly, San Diego, L.A. (Los Angeles), Dallas, Boston. And it's not just the big cities; Indianapolis has it; Jacksonville has it. But it is the most unrestrictive of kind of -- it's incremental business. You take Uber; you ask the driver: "How long you've been? Do you like it?" They love it. It's incremental business for them. So, I think last January 29, the County Commission did a lot of great things: ambassador taxi programs, credit cards. This was the only piece left on the table. We had a five -hour hearing at the County Commission. We rejoined yesterday of -- and I can tell you, it seems to be this genie's out of the bottle. There's going to be some progress made in this, maybe some new legislation developed but we urge the urging. Thank you very much. Chair Gort: Thank you. Javier Gonzalez. Javier Gonzalez: Good afternoon. Javier Gonzalez, representing Emerge Americas. So from our perspective, the move of Uber and Lyft it's really about the perception of Miami and our community as one accepting of technology and innovation. We have started that movement. It is started organically here. There have been a lot of things that have been happening, from entrepreneurship, from big companies, like Microsoft setting up operations here. It is about accepting of innovation, and that's the way we view the move of Uber and Lyft and being able to bring in innovation into markets and into industries that have otherwise been disrupted in other areas, and we're not accepting of it. So I think that, from our perspective as an organization, I think we're very much in favor of this resolution and in allowing Uber and Lyft to operate in the County. I think from a personal perspective -- I know a couple of Commissioners mentioned they haven't used the service. I've used the service in many different areas. One of the things that I think strikes me about living and being born and raised here in Miami is that there are a lot of places where it's very difficult to find a cab or public transportation, so to Mr. Talbert's point, if you're a foreigner and you're looking for some way to get -- it's very confusing; whereas, with Uber and with Lyft, it is a service that comes to you; you see a picture of who's coming to you; you know where their car is; you know when it's going to arrive. It is a service that I think actually solves a lot of the issues, like Commissioner Suarez mentioned, of some of the makeshift things that we've done to solve mass transit. So I think from both perspectives, we're very much in favor of this resolution and hope you'll vote favorably for it. Commissioner Suarez: Mr. Chair, ifI may -- Chair Gort: Thank you. Commissioner Suarez: -- to say one thing on what Javier said, Xavier [sic] said? Chair Gort: Let me finish with the public hearings and -- Commissioner Suarez: Okay. Chair Gort: Is anyone else would like to address this issue? Is anyone else? Tim Gomez: Good afternoon, Commissioners. Tim Gomez, offices at 235 Catalonia Avenue, in Coral Gables. My firm, Floridian Partners, has helped with Uber, introducing them to the County in their regulatory structure. And we appreciate Commissioner Suarez sponsoring this resolution. And we understand the concerns and the questions that Commissioner Hardemon and Mr. Chairman, yourself, have. We'd invite you to try the product, whether it's ours or one of City of Miami Page 39 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 the other services out there. Unfortunately, you have to travel somewhere else to do it. I think we heard Mr. Talbert say 142 cities around the world are utilizing this type of product now, so the City of Miami and Miami -Dade County obviously aren't the, you know, guinea pig in this situation. I think it's -- I think the other communities have found it to be safe. And, you know, I've yet to run across somebody who has utilized the service and just says, you know, it was -- `I won't do it again." Usually, if you use it, you love it, and then you start to wonder why, you know, why it's not everywhere and when it's going to be where you want it to be. But we appreciate you taking up this resolution, and we look forward to the debate and the discussion. Thank you. Chair Gort: Thank you. Is anyone else? Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. Look, I understand, any time you talk about something with -- that involves technology, there's always a certain amount of hesitation and consternation revolving around that use. I think Uber's track record worldwide has demonstrated that it's a safe and effective way of transporting people. I think that -- I read an article actually -- I actually used it in New York. I was in New York this week, and so I did use it outside of the City of Miami, obviously, and it was very effective. And the neat thing about it is no matter where you come from, it's very easy to use, you know. You make the appointment on your phone. You never actually have to do anything other than you get a phone call from the driver confirming where you are, he picks you up, and you get to rate the driver. But one of the neat things about it, too, is that you actually -- I don't know if you ever -- I'm sure most of you have used the mapping program in your cell phones, so when you're trying to find a location from one to the other and you actually can see where you're going -- GPS (Global Positioning Satellite) located from one place to the other. Well, in this case, you see the vehicle coming towards you. You see where the vehicle is, and you can actually track the vehicle, and I think that that is another neat aspect of technology. And one of the things that I was reading and I wanted to mention when Xavier finished his presentation -- Javier -- was that I had read, I think, on the flight back from New York that Uber is now more valuable than Facebook. It is a company that actually has more value than Facebook, which is pretty hard to imagine that any company would have more value than Facebook at this point, but Facebook is certainly on the decline and Uber is on the rise, and you know, it's obviously due to its ease of use and its applicability, et cetera. But I think what Emerge is trying to do, the whole concept is that we want to continue to bring a venture capital to the City of Miami, and we want to be seen as a city that is on the forefront of technology. We want to be inviting, and I think this is an opportunity for us to do it in the transportation sector. I'd love to have the Commission's support. The reason why I think it's important to do it now versus in two weeks -- and we can do it in two weeks. It's not -- you know, it's not the end of the world, but the County Commission is taking it up, and I think there are County Commissioners that would love to see us support it as, you know, a means -- just like -- I'm sure there were County Commissioners that wanted to see us support, you know, converting Parcel `B" to a park, you know. I think it's important for them to know, particularly on controversial items, that they have the support of the City of Miami so that it's a little bit easier for them, you know, to make what would otherwise seem like a controversial vote. Chair Gort: Let me ask you a couple questions. Commissioner Suarez: Sure. Chair Gort: My understanding, this is a company -controlled business. Who control the company? Commissioner Suarez: I'm sorry? City of Miami Page 40 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: The company that controls the -- all the traffic and all that is Uber? Commissioner Suarez: Correct. Chair Gort: Okay. How do you become member of Uber? Commissioner Suarez: It's an app. You just download the app on your phone. Chair Gort: No, I understand. The people that want to be part of it, they want to be participating. Commissioner Suarez: What do you mean? Chair Gort: It's open to anyone? Vice Chair Hardemon: Any cab drivers -- Commissioner Suarez: Anyone. Vice Chair Hardemon: (UNINTELLIGIBLE) -- Commissioner Suarez: Oh, oh, you're talking about -- Chair Gort: The drivers. Commissioner Suarez: The drivers? Chair Gort: (UNINTELLIGIBLE) the private driver, how do they go select (UNINTELLIGIBLE). Commissioner Suarez: I'm sorry; maybe Mr. Gomez can answer that. I don't know. How do you as a driver participate in Uber? I'm sorry; I don't have the answer to that question. Mr. Gomez: Commissioner, first, for the purposes of your Clerk, I was trying to be as non -lobbyist as possible, but I'll make sure I run next door and do that. I'll -- I'm here to answer questions; I would love to. So a driver who wants to participate as an Uber driver would submit an application with the required identification, insurance. They would go through a background check, a background check that is as rigorous, if not more so, than what the current taxi industry goes through. As a matter of fact, in some of the cities where Uber operates, there's upwards of 10 percent of the folks who are taxi drivers who would not pass the Uber background check. Chair Gort: But taxi drivers can also become members? Mr. Gomez: Oh, yes. Oh, yes. As a matter -- Chair Gort: These individuals that are here, they can also become members? Mr. Gomez: Oh, yes. The taxi drivers, as a matter of fact, are -- it's almost like the greatest pool from which these services derive their drivers, because it's another opportunity for them, you know, when they're not in their taxi or instead of driving the taxi to, you know, do it in their own car, be their own boss, and pick up some additional income. Vice Chair Hardemon: Mr. Chair, may I ask a question? Chair Gort: Yes, sir. City of Miami Page 41 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Vice Chair Hardemon: In -- I guess in the most non -lobbying way that you could put this, right? Mr. Gomez: Well, I'll go take care of that. Vice Chair Hardemon: No. So my question is, What is the average age of a driver who utilizes the services of Uber or something of that nature? Mr. Gomez: I couldn't -- I'd be guessing if I told you. The driver or user -- Vice Chair Hardemon: Driver. Mr. Gomez: -- passenger? Vice Chair Hardemon: I meant driver. Mr. Gomez: Oh, I'd have to get that information for you. Vice Chair Hardemon: And I'm asking because -- Mr. Gomez: I'd love to (UNINTELLIGIBLE). Vice Chair Hardemon: -- I know it is an incremental business, which means, from what I understood about it, a lot of people who are drivers are doing it to make extra income, as compared to the taxi industry where most of those drivers are full-time drivers who have to actually, once they get the car or they're leasing that vehicle for that day, get themselves out of a hole to make a profit. So I'm trying to see -- 'cause I know you talked about people transitioning from becoming taxicab drivers to maybe Uber or so drivers, but you know, driving a taxicab to driving your own personal car is two totally different things. Because as I understand it, to become a member of Uber or a driver of Uber, you have to have a car that is satisfactory to the company so that you can operate and pick up passengers from different places. So I can't speak for it 'cause I do not know, but -- I can't speak for taxi drivers 'cause I don't know their personal vehicles are, because most of the taxi drivers that I've ever dealt with, I've dealt with them in a taxicab. So the vehicles are maintained by the medallion holders. So, you know, those are the types of questions also that kind of raise a concern to me. Mr. Gomez: I would answer that with this: We understand that to obtain that taxi medallion, it is a viable, tangible asset, and it has some value, and it has some rights, and it's a very expensive product. There's approximately 2,000, give or take, in Miami -Dade County. And at any time when you want to know the value of that medallion, it's fluctuating in that $300, 000 area, but the driver -- now, the medallion holder and the driver, you know that's a -- there's a line there. There are some drivers who own the medallions, but I will tell you that probably the majority of the medallion owners are not drivers; they are investors because -- So the driver -- and I'm a driver, and I want to drive for, you know, a cab company; I would lease that taxicab for 8, 10, however many hours a day; and, you know, I would probably pay in the range of 500 or $600 a week to the medallion owner who is allowing me to utilize that medallion to drive that cab. So a week (UNINTELLIGIBLE). A week. And -- Commissioner Sarnoff It's about $1,000 a day. Chair Gort: What? Commissioner Sarnoff Yeah, it's an incredible number. Mr. Gomez: It is -- City of Miami Page 42 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Sarnoff The number that that driver has to pay that medallion holder is simply incredible. I would -- not $500 a week. Mr. Gomez: I would think -- venture that a driver who does not own the medallion but is leasing it would tell you that if they're working six days a week that the first five days are to pay the medallion owner, and the sixth day is what they make themselves. So it's very difficult to be a taxi driver who does not own the medallion or that. Now, in turn, could that driver purchase a car that would meet the requirements that these companies such as Uber have? Yes. Would the lease payments or financing payments on that car be less than they were paying the medallion owner? There's a good chance of that. And then they would have the ability to, you know, be paying themselves instead of you know, the finance company or owner a lot faster than on the sixth day you work, so. Vice Chair Hardemon: And I wasn't participating with the County in any of the discussions with any private persons about whether or not -- I -- well, first of all, I put -- I know the position of the cab industry versus this service. But what was the position, if you remember, if you are aware, of the actual cab drivers, the cabbies? How did they feel, generally, about this service? Mr. Gomez: There has been a significant, significant support from the drivers for these options, whether they be Lyfi or they be Uber or they be Uber Black, which is a luxury sedan or SUV (Sports Utility Vehicle); significant, significant support from just the driver. You know, they have more options. It allows -- Vice Chair Hardemon: And Mr. Chairman. Mr. Gomez: -- them to do something else. Chair Gort: Yes. Vice Chair Hardemon: One more question, and either Commissioner Francis Suarez, you can answer this or yourself. IfI order a -- if I go onto my application and I order a driver from Uber and I see the person who's coming to get me, can I cancel that person? Mr. Gomez: Sure, sure, sure. Vice Chair Hardemon: Thank you. Commissioner Suarez: Yeah. Chair Gort: Okay, any further discussion? Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff You know, to me, first off I think this is a great discussion, Commissioner Suarez. Being a New Yorker, spending time in New York, having just spent time in New York, having just used Uber probably for the most extensive time period I've ever used it, having also used cabs, having used a cab when Uber wanted to charge $100 more than the cab, 'cause I -- guess what? I had a freedom of choice. I actually chose to go from a hotel to the airport -- it was a good distance away; it was out on Long Island -- and I was doing what I think most people should do: shop. Called three people; two of them were Ubers; 250 bucks. I was like, "Damn, my flight didn't cost this." And a cab driver agreed to do it for $110. I gave him a $25 tip. I thought, "You know what? I saved 125 bucks." But guess what I had? Freedom. City of Miami Page 43 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Freedom of choice. Now, I often wondered, as soon as you cross the Dade County Line -- Commissioner Suarez: Can I just say a story, just based on what you said? I did the exact same thing. I came in, when I flew into New York, and I took Uber from the airport to my hotel, and it cost me $70. And I took a taxi from my hotel back, and it cost me $35. So, you know, you have the -- but had the choice of saying, Well, do I -- did I want to be in a more cramped car? Because there's no doubt that the ride was more comfortable in the Uber black sedan than it was in the small taxi. Now, in my particular case, I was happy to save the 50 percent, you know, but I had that choice, you know. My wife was very happy that I drove over in the black Sedan, I could tell you that much. So, you know, like you said, it's exactly -- I had the exact same experience. Commissioner Sarnoff Yeah, it's freedom. It's freedom. And what really this comes down to is something happens to us as soon as you cross the Dade/Broward line: suddenly our DNA (Deoxyribonucleic Acid) changes, suddenly our culture is so different that protectionist legislation suddenly comes in to protect an industry that, if you know the history of the taxi industry and the medallion owners -- and I suggest you all Goggle this -- you will find a very tortured and very contorted history as to who owns those medallions, and presently, three hedge funds own a couple of those medallions. When I say "a couple," about 30 percent of the market are owned by hedge funds. So just think, if they think it's a good investment -- it's like FP& L (Florida Power & Light). Would you choose to have FP&L in your home if somebody else was 30 percent cheaper or your power never went out? Well, if you have a child, like Commissioner Carollo does, you might say, "You know what? I might pay 10 percent to know my power will never go out." Or you might be like me -- we don't have children -- and I'll say, "You know what? I'll take that 30 percent reduction; spend it on something else." But guess what you had? Choice. The power of choosing. But in Miami -Dade County we don't give ourselves those choices. People make those choices for us. And that, essentially, is, I think, part of the IT (information technology) industry, part of what they're trying to say. You know, if I go to Jacksonville, I have choice. If I go to Raleigh, North Caroline, I have choice. What's that song in New York City? `If you can make it here, you can make it anywhere?" Well, if Uber can make it in New York City, why can't Uber make it in Miami? Now, I'll tell you this. For two years of having moved downtown to the new office that I'm in, I took a cab. Here's what I would get into: 80 percent of the time I get into a Ford LTD or Crown Victoria. It'd be about 8 to 9 years old, maybe 10 years old; shocks were always shot; air conditioner barely worked; the seat felt like the spring was broken; and it became kind of a gig for me, a fun game to see if we would get home safely, and it was all of you know, Miami Center to Coconut Grove, and, candidly, every time I did make it home. And I always talked to the cab drivers. I mean, you know, they're nice people. Sixteen bucks: Was it worth it? Was it not worth it? You know, my point is, if Uber were around, would I spend $21 or would I spend $16? And would I get home in something that was two or three years old that had shocks, that air conditioner that did work, and would I be just as satisfied? The answer to that question is I'd have the freedom of choice. And if this city is ever going to be that world -class city that we up here say we're going to be -- this is a little bit like the Police conversation -- if we're ever going to be that city on the bay -- and I'm not talking about San Francisco -- but if we're ever going to be that city on the bay, you have choice. And part of this choice is this young crowd that walk around with these phones that know what they can do and know that you can, number one, pay a good thing for the Uber driver. His tip is included; 20 percent 'cross the board. He's going to get a 20 percent tip. I could tell you this: When I was in New York, the Uber driver I was driving with -- and I used him because we ended up hiring for half a day, so he had increments where he knew we weren't going to be around; he would log on Uber; he would log off Uber; and he would pick up people incrementally in between our rides, so he was busy all the time. I asked him -- 'cause he had his own limo company, Commissioner Gort. And I asked him, "What's more profitable, your limo company or Uber?" And he said -- first he says his limo company. He goes, "All right, let me not lie to you." He goes, "It's actually more profitable with Uber." He said, `I know the money gets wire transferred to my account. I get paid every, I think, bi-week" -- "bi-monthly." He said, `I don't City of Miami Page 44 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 have a qualm with Uber." He goes, "I keep my limo company simply 'cause I've had it for 16 years and it's" -- "you know, it's kind of like I have a couple of select customers that will overpay for what they do." My point is -- and I'll shut up after this -- one of these days we're going to join the rest of the world. One of these days we're going to be that city on the mountain. And part of these conversations are about what it takes to become that city, you know, right on the bay, and we won't be talking about San Francisco; we'll be talking about Miami, and this is part of it. This is part of it when somebody comes to your airport and they get in something that is comfortable, clean, and fairly modern, when they could pay with a credit card, where the whole thing could be arranged in Paris, the whole thing could have been paid for in Paris, this person's getting in, getting out; no money is exchanging hands. Think about that. Think how powerful that is. Francis Suarez sends his wife back from Paris; the whole thing is paid for in Paris. She never has to go inside her wallet. She never has to take a credit card out. She never has to take a dollar bill out. And it's all handled. Chair Gort: And she can make deposits. Commissioner Sarnoff All I'm saying is Miami should join the Twenty -First Century along with 149 other cities. Vice Chair Hardemon: Are there any -- Chair Gort: Thank you. Vice Chair Hardemon: -- rebuttals? Great closing argument. Commissioner Carollo: Thank you, Mr. Chairman. I call it something a little bit different, Commissioner Sarnoff. I call it "consumer options, " and Pm big on consumer options. I also believe that, you know, there is changing times, changing technologies, and if we truly believe that we are considered a tech hub, I think we have to have all the gadgets, so to speak, in order for us to walk the walk, not just talk the talk. So I do believe that we should have Uber and Lyft. However -- and I want to be perfectly clear -- that does not mean that I believe that they should go rogue and they should operate without the permission of -- Commissioner Suarez: I agree with that. Commissioner Carollo: -- the County Commission, which is actually who regulates it. There's a lot of good arguments on why the County Commission held back. I think there needs to be negotiations. I know they mentioned issues with regards to proper insurance. They mentioned issues with regards to public safety. I know you mentioned public safety. But at the same time, if something happens, God forbid, in that vehicle, we have another statistics, and hopefully it will be cleared and it's not just adding to crimes in our area. So that's why I just want to make sure that although I am going to be voting in favor of it, and I believe in this technology and that it should be a consumer option, I do not want to send the message that I believe that what these companies have done in going rogue and offering and operating, even though they know that right now -- I think it's proper to say -- it's illegal they should be doing that. However, I do believe that the County Commission should continue to look at the regulations and see if there's somehow to come up with the proper ordinance or regulations in order to give this consumer options to everybody and not have us fall behind, technology -wise, to all these other well-known cities. Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: Yeah, I would just -- I would completely agree with what Commissioner City of Miami Page 45 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Carollo said. I don't -- you know, I don't think that this is in any way, shape, or form any sort of sanctioning of them operating roguely, nor is it us saying we necessarily have the solution, per se, and I want to make you both feel comfortable with that. I think, similar to what we did with Parcel `B, " we're simply saying, "We as a city support this." Now, we understand that the devil's into details, and we understand that it's not a simple situation over there, and I'm not trying to, you know, oversimpl it in any way, shape, or form. I think what our colleagues on the other side of downtown look for from us at times is some expressions of "Where are you guys at?" You know what I mean? And I think, particularly, if it's -- if there's a situation where there's a tipping point, you know, a two -two situation, which I know it's been in their committee. You know, having expressions from cities like Miami Beach, from cities like Miami, the major cities that are grappling with transportation -related issues, I think could potentially tip the balance, and I think it's not -- you know, I agree; we're -- what we're doing here is not solving the problem for them. It's not that simple. And I agree that what we're simply saying is we're expressing our support of these programs and saying, "Look, we understand you have to work through the details of them, but we want you to know where we stand" And that's all I'm asking from this Commission. Chair Gort: Well, my understanding is this is the resolution requesting them to -- that we support it. Now, my question was the regulations, and that was answered by the gentleman. The process where the people can be hired, the process they have to go through; they have to make sure, and I'm sure they got to require to have certain amount of insurance. Commissioner Suarez: Sure. Chair Gort: And if an accident takes place, who's responsible? Is it a driver? Is it Uber? And all those kind of details, I imagine, that will have to come up. I personally don't have any problem with this, especially if new people can come in and use it. I use limousine all the time, because in New York, the company uses limousine all the time, and so for me, it's very good. I don't have to pay for it. But I think that what you stated before, it gives the people a choice, and this is just a resolution asking them -- that we support their approval. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: Yes. Vice Chair Hardemon: Call the vote. Chair Gort: Okay, all in favor? The Commission (Collectively): Aye. Chair Gort: Thank you. Commissioner Suarez: Thank you. RE.3 RESOLUTION 14-00450 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 391314, THAT BMG MONEY, INC., IS QUALIFIED TO PROVIDE AN EMPLOYEE VOLUNTARY LOAN PROGRAM CITYWIDE, FOR THE DEPARTMENT OF RISK MANAGEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A City of Miami Page 46 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BMG MONEY, INC., FORA PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE-YEAR PERIOD, FOR SAID PURPOSE. 14-00450 Summary Form.pdf 14-00450 Memo - Recommendation of Evaluation Committee.pdf 14-00450 Summary Evaluation Form.pdf 14-00450 Award Recommendation Form.pdf 14-00450 Request for Proposals.pdf 14-00450 Legislation.pdf 14-00450 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) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0254 Chair Gort: RE. 1. Daniel J. Alfonso (City Manager): RE.3. Todd B. Hannon (City Clerk): Chair. Chair Gort: Yeah. Mr. Hannon: That's been tabled till after lunch. Chair Gort: Okay. Mr. Alfonso: Right. So we're going to RE.3, Commissioner. Chair Gort: RE.3. Mr. Alfonso: Commissioner, RE.3 is a resolution awarding a contract to a firm, BMG Financial, so that we can give employees the benefit of borrowing money and having the payments made through payroll deduction. It is for employees who primarily would not have access to loans. These are signature loans, unsecured, and we're trying to give some of our employees who don't normally have access to credit that possibility. By the way, since we were talking about making sure that if a new director comes up, we introduce them. I know that she's been up there as an acting director before, but we're making Ms. Ann Marie Sharpe the director of our Risk Management Department on a permanent basis. Thank you. Chair Gort: Congratulations. Yes, ma'am, you're recognized. Ann Marie Sharpe: Thank you. Ann Marie Sharpe, Risk Management director. I've not said that before. Chair Gort: You go -- give us a little more information on the program itself, the reason why it's being done. My understanding, a lot of questions being asked about the interest rate and it's important to understand the options that some of the individual have so their interest, it could be higher than 100 percent interest, something like that, so could you go through the details, please? Ms. Sharpe: Certainly. If you don't mind, 171 have CFO (Chief Financial Officer) Fernando -- City of Miami Page 47 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Sure. Ms. Sharpe: -- address your questions. Fernando Casamayor: Good morning, Commissioners. Fernando Casamayor, CFO of the City of Miami. Yes, the interest that is listed in the documents here are particularly high. These are signature loans. This is not -- there is no -- nothing behind this loan at all other than just the name and signature of the employee, and the fact that they're employed by the City of Miami. It is a -- considered a high risk loan, so the interest rate is higher than your normal average loan, but these are for people that cannot qualifit for your normal average loan. These are for the folks that are -- this is intended for folks that spend $50 every two weeks to get a $500 cash advance on their paycheck, and if you multiply that $50 by certain, you know, certain amounts of times that they take this loan, they could pay up to 200 percent interest a year. The interest as stated in here is simple interest, and we do have representatives from BMG Money here to answer any specific questions regarding their process and the loan process, itself. Chair Gort: My understanding, you also going to have a education program with the individuals, they have to take a -- Mr. Alfonso: Correct, Commissioners. As part of the program, any employee of the City of Miami or full-time temporary staff member who's been with us for more than a year would have to go to a financial class to understand what is the interest that they're paying; to understand how to manage their money better, so that's part of the program. Commissioner Suarez: Move it for discussion. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second, discussion. Chair Gort: Second by Commissioner Carollo. Discussion, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. I want to make sure that everyone understands, and I want to make sure the Administration puts this on the record that we are not necessarily recommending these loans. What we're doing is just offering as another option to an employee, hopefully on an emergency basis, and, you know, we don't want the unfortunate of anyone needing to obtain a loan in an emergency basis; however, it does happen, and if there's nowhere else where they can get a loan, this could be an option for them to take. But we're not necessarily recommending for them to take these loans. It's just an option, correct? Mr. Alfonso: Correct, Commissioner. This is giving employees an option to borrow this money. We are not advocating for or against. The employee has to go through a class where they have to understand what they're getting into. You know, personally, I don't have the need, but we have employees who live paycheck to paycheck. And if their car breaks down, they have a transmission problem and they need $3, 000, they may not have it; this is one way they can get it. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Just very briefly. Yeah, first of all, the programs that are out there right now that are legal programs charge -- can charge our employees $50 a paycheck. When you annualize the interest, it's 230 percent, or something ridiculous like that. So I think this program gives our employees an opportunity, first of all, to learn about financial management. Secondly, City of Miami Page 48 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 there's a limitation on how much they can borrow, which I think is also very important. It's $5, 000, and I think it kind of dovetails perfectly into -- I think it was what you just said, Commissioner -- where if their car breaks down -- or I don't know if it was the Manager that just said that -- if the car breaks down -- and it actually happened to me when I was in law school, driving from Gainesville to Tallahassee, and my car broke down, and I had to get it towed and the tow plus what was wrong with my engine cost me about two, three thousand dollars. So at the moment, I didn't have it, and thankfully, I had a credit card that had enough of a limit, and I was able to put it on the credit card and pay it back over time. So I think this is a form of credit, you know, and of course, our employees have the right, as the Commissioner said, to use it or not use it at their -- as they see fit. It's just a tool, you know, and I don't see any problem with giving our employees another tool to borrow money responsibly. Chair Gort: Okay. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff I'm going to support this, but -- mostly because I think I'm laissez faire, caveat emptor kind of person. However, I think it's worth the employees knowing this, and that is that the State of Florida for usury is 18 percent. This is a 23.9 percent loan that is, in effect, a 24.4 percent loan on an annualized basis. However, this particular institution would be -- have an exemption which would allow them to charge under Florida law up to 30 percent per annum computed on the first 3,000 of principal; and 24 percent per annum on that part of the principal exceeding 3,000 up to 4, 000; and 18 percent on that exceeding the 4,000. You know, I looked at the loan documents. The loan documents are in one respect onerous, and in other respects, you know, standard commercial paper, as we would say. But that standard commercial paper, bear in mind to the employees, you waive all your defenses. So that means that there's no defense to taking this loan out, none. So in the world of caveat emptor, understand your rights, 'cause some of you up here had some consternation over the Ygrene program, and that was a six to seven percent loan. This is a 24 percent -- 24.1 or 2 percent loan on an annualized basis, and unless you have an emergency, and whatever that emergency is defined to be, you should not be borrowing money at this kind of rate. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Okay, I'll answer him, but go ahead. Vice Chair Hardemon: Thank you very much. And Commissioner, I'm speaking to this because you brought up the Pace Program, the Green -- Chair Gort: Yeah. Vice Chair Hardemon: I think it was called the Pace Program. And part of the reason that I can support this document as giving someone an option versus not supporting the Pace Program is that to me, the Pace Program in my district can be something that can be used a lot more predatorily than this. Here, we have people that are employed with the City of Miami; who have access to credit counseling within the City of Miami; who would have to go to some type of class with this program and have a direct need that must be met in which they would go to the market to actually get this product from someone else if they chose to go that route. Compared to the Pace Program where there is not necessarily a need. There may be a want or there may not be a want, but someone creates that desire in them by saying, "You can have this and it reduces your electricity bill," and things of that nature. So to me, this is safer. It protects -- it involves much fewer individuals. There are about 3,700 employees within the City of Miami, and I'm sure a small percentage of that are those who would be considering this type of plan. So I just urge City of Miami Page 49 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 everyone, if you have this type of need to be sure that you know what you're getting yourselves into. And I don't think if someone takes this program this would be their first time taking this program. Thankfully, I've never had to take any type of loan of this nature, and those of us who do have to, I think at least we can give them the benefit of having some type of fiscal training, financial responsibility, and I think we're doing that here, so I'm in favor of it. Chair Gort: I think most of the people that going to be applying to this program, they're individual that go to cash checks (UNINTELLIGIBLE), and like you stated, and the difference is and the green corridor on this, just look at the contract; the difference between the two contracts. And I can understand your point of view, and I agree with you, but unfortunately, within my district, I got people that'll sign documents without knowing what they signing, and they come to my office later on, says, "Look, I got this problem." Well, you signed this document. "Well, I didn't know what I was signing, " and that's what I'm afraid of. Okay, any further discussions? Commissioner Suarez: Real quick. Victoria Mendez (City Attorney): Chairman. Chair Gort: Yes. Ms. Mendez: I'm sorry. IfI may, I just wanted to add that the BMG program, they have an indemnification clause to the City that they will -- that the City shall bear no cost, liability or risk from the implementation of this program. In addition to that, I requested that the borrower, which is the employee, would sign a release of liability to the City, just so that they understand what they're signing, and that the City is not, you know, endorsing this or just providing another means of -- or opportunity for them, but other than that, that we are not liable for anything that they decide to do, so I just wanted to advise them. Chair Gort: Thank you. Yes, ma'am, you're recognized. Renita Holmes: Madam Holmes, District 5. I concur about your concern to the Chair and through the Chair to my Commissioner; that is when we talk about red -lining practices, we know that we have some glitches that have yet to be dealt with. But when we look at private partnerships whereas we -- and I speak directly to Victoria, because I know we have some issues with banks that have for elongated times had an impact on a poor African -American and persons of senior ages that have been negotiated right now between the City; am I correct, through the Chair? We have our own attorney suing some banks on our behalf in regards to red -lining mortgages and foreclosures. So when the City wipes itself clean of any responsibility and offers -- I haven't heard of an oversight yet to a private corporation to possibly continue to do the things for lack of cultural competence and significant changes in the process or oversight, I feel an injustice is being done to me. So maybe -- it's my recommendation that you don't move this too fast and that we put some preliminary things in front, or perhaps you can give us a report as to what you can do to prevent further foreclosure issues or situations where you won't have to be concerned about people like us, all right? It's a good practice, it's good partnership, but just can you tell me -- give me more data as to what assurance we have to make sure we're not red -lined again? Thank you. Ms. Mendez: This isn't -- Ms. Holmes: I mean business -- I mean long as the City employees -- some of our City employees if I'm correct live in -- within our own districts and residence. People are people. I just can't see us separating our self from a practice that has had an impact on certain people, irregardless. When I hear people say `public funds" and `public processes involved with private companies, " I still pay as a citizen and constituent, and I don't see any significant change, so that's what I'm asking. City of Miami Page 50 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: There's no public funds are going to be utilized, and I'll make sure they give you a copy of the program so you can understand the program to the benefit of everyone. There's no red -lining. Ms. Holmes: With all due respect, Commissioner Gort, in response to that, you have concerns. You just made those concerns and stated those concerns. Chair Gort: My concerns were to some other program, not on this one. Thank you. Joe Simmons, Jr.: Joe Simmons, Jr. president of Sanitation Workers Union, AFSCME (American Federation of State, County & Municipal Employees) Local 871. We fully support this item. It is an option. We have a number of our members who have credit challenges, and like you said earlier, sometimes people have vehicle problems, et cetera, and it's a nice option, because you have to evaluate -- if you have a decent credit score, maybe you can get a good interest rate. With this option, one, the City is being held harmless against any liability associated with repayment. Number two, the company also is a beneficiary. They formed this company specifically for this purpose. You know, I read through their financials, I read all of their background information, and we fully support it, because it gives another option when people don't have other choices. Payday loans could be a cycle. We have a number of people in payday loan cycles, and this is a nice option. Twenty-four percent, yes, interest rates are high, but you have to evaluate the benefit, cost versus the benefit, and we fully support it. Thank you. Chair Gort: Thank you. Okay. Ms. Mendez: Chairman. Chair Gort: Yes, ma'am. Ms. Mendez: Just to address a concern that Ms. Holmes said, I don't think that she understood that there's also an educational piece to this, and that was one of her questions and concerns, so I just wanted to reiterate that there will be an educational piece before any consumer decides to get into one of these loans. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. RE.4 RESOLUTION 14-00611 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTIES LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 11, 2014; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00611 Summary Form.pdf 14-00611 Legislation.pdf 14-00611 Exhibit.pdf City of Miami Page 51 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0255 Chair Gort: RE.4. Erica Paschal: Good morning. Erica Paschal for the Department of Solid Waste. Re. 4 is the initial assessment resolution for the annual solid waste fee at the rate of $380 per City of Miami resident with three units or less for inclusion in the tax assessment roll. Chair Gort: This is the same assessment we've had for the last four years, something like that. Ms. Paschal: Yes. Chair Gort: Okay, thank you. There's no increase? Ms. Paschal: No, no, sir. Chair Gort: Thank you. Okay, thank you. Vice Chair Hardemon: So move. Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.5 RESOLUTION 14-00537 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 439312, THAT DESIGNATES MCGLADREY, LLP ("MCGLADREY PROPOSAL") AS SUBMITTING THE FIRST AND HIGHEST RANKED PROPOSAL FOR THE PROVISION OF EXTERNAL AUDITING SERVICES ("SERVICES") FOR THE DEPARTMENT OF FINANCE; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH MCGLADREY, LLP FOR THE PROVISION OF SAID SERVICES FOR A PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL City of Miami Page 52 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED PROPOSER, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST -RANKED PROPOSER, CROWE HORWATH, LLP; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST -RANKED PROPOSER TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD HIGHEST -RANKED PROPOSER, MARCUM, LLP; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE THIRD HIGHEST -RANKED PROPOSER, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 14-00537 Summary Form.pdf 14-00537 Award Recommendation.pdf 14-00537 Request for Proposals.pdf 14-00537 Proposal - McGladrey LLC.pdf 14-00537 Proposal - Crowe Horwath LLP.pdf 14-00537 Proposal - Marcum.pdf 14-00537 Legislation.pdf 14-00537 Exhibit.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez R-14-0256 Chair Gort: RE.5. Jose M. Fernandez (Finance, Director): Good morning, Commissioners. RE.5 is a resolution of the Miami City Commission accepting the recommendation of the City Manager approving the findings and recommendation of the evaluation selection committee that designates McGladrey, LLP (Limited Liability Partnership) as submitting the first and highest ranked proposal for external auditing services; authorizing the City Manager after consultation with the City Attorney to negotiate and execute a professional services agreement with McGladrey, LLP. Chair Gort: Okay. Commissioner Carollo: Move it. Chair Gort: Been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Later... Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: RE.6. Commissioner Suarez: Mr. Chair, ifI may? City of Miami Page 53 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Vice Chair Hardemon: No. Commissioner Carollo: Now we're going to -- Commissioner Suarez: That was -- Mr. Chair, ifI may, before we go to the boards and committees? May I -- Mr. Chair, if I may? Chair Gort: Sure. Commissioner Suarez: Sorry. I went to the restroom when you guys did RE.5, and I don't know ifI asked the Clerk if we needed to -- a motion to reconsider, 'cause I had some concerns on that issue. It's the accounting services. Do I need to make a motion to reconsider or --? Todd B. Hannon (City Clerk): No, sir. Commissioner Suarez: Okay. Mr. Hannon: If you're only going to be discussing the item, it only -- depends on if you want to amend the vote that was taken on RE.5. Commissioner Suarez: Very brief discussion. I discussed it very briefly with the Administration in my briefings. The firm that was selected is -- first of all, there was only two board members of the four or five total that were part of the selection committee, and the firm selected was the firm that we decided we wanted a new RFP (Request for Proposals) for last year; not that I have anything against the firm, but, you know, I just think that we decided for a variety of reasons that we wanted to send out to an RFP. I think we were very satisfied with the firm that we selected. Obviously, they came back to us and said they wanted to charge us twice, I think, what they charged us last year, so I can understand the reason why we went to RFP again. And I think they got the CAFR (Comprehensive Annual Financial Report) done on time, and that was the first time I think we've had the CAFR done in the four years that I've been here on time. So, you know, my direction to the Administration would be that because there was only two of the five board members and they expressed themselves consternation over the fact there wasn't a full board that you negotiate with both the top firms, and if you're not able to come to an agreement with number one, then you look to number two for all the reasons that I've just mentioned. I don't know if that's acceptable to the members of the Commission that voted unanimously to approve this. Chair Gort: My understanding, you're requesting if the -- they fail to negotiate with number one, then you go to number two. Commissioner Suarez: Right. Chair Gort: That happens automatic. Victoria Mendez (City Attorney): It's in the reso. Chair Gort: It's in the reso. Ms. Mendez: That allows for that already. Commissioner Suarez: Okay. Oh, that -- to negotiate with the top two at the same time; is that Chair Gort: No. City of Miami Page 54 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Suarez: That's not doable. Ms. Mendez: No, not top two. Just if it -- Commissioner Suarez: Got it. Ms. Mendez: -- fails with one, you go to two. Commissioner Suarez: Got it, okay. Chair Gort: Okay. Commissioner Sarnoff Well, I wasn't here either, actually, and correct me -- is that all right, Mr. Chair? Well, I didn't want to just -- Chair Gort: Yes, go ahead. Commissioner Sarnoff -- so I understand number two is less expensive. Commissioner Suarez: It's the same issue we had the last time then. Commissioner Sarnoff Well, and not that you pick your lawyers, CPA (Certified Public Accountant) -- Commissioner Suarez: Right. Commissioner Sarnoff -- or your doctors based on expense. But I do share some of your concerns with regard to the ability to get the CAFR out on time, and I actually have a recollection of Commissioner Carollo and I -- I think wanting the previous firm, Ernst & Young, because we thought it would be prestigious and maybe better to have a top -- what are they now? -- top four accounting firm? Commissioner Carollo: Big four. Vice Chair Hardemon: Probably so (UNINTELLIGIBLE). Commissioner Carollo: Big four. Commissioner Sarnoff Big four. Used to be big eight, but I guess they're down to the big fours now. Mr. Alfonso: Big four. Commissioner Sarnoff And what I was going to propose had I been here for it, I was going to leave it to the Manager; just delegate our authority to the Manager. Commissioner Suarez: I have no problem with that. Commissioner Sarnoff You know, let him decide what is the best arrangement and deal since he is -- this is what he -- I don't want to say this is what you do for a living, but you do, so this is what you do for a living. Commissioner Suarez: All right. City of Miami Page 55 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 RE.6 14-00639 Department of Capital Improvement Programs/Transportat ion Chair Gort: Well, I think automatically, the -- that's the resolution; that if the -- you cannot comply with -- negotiate with number one, you go to number two. Mr. Alfonso: Right, that's correct. Chair Gort: So you don't need to re -- that's (UNINTELLIGIBLE). Okay? Commissioner Suarez: Thank you. Sorry about that. I was -- Chair Gort: No, no problem. Commissioner Suarez: -- not available when it came up; my bad. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE AGREEMENT WITH CH2M HILL CONSTRUCTORS, INC., FOR THE WAGNER CREEK AND SEYBOLD CANAL WATERWAYS PROJECT, FOR ADDITIONAL SERVICES, IN AN AMOUNT NOT TO EXCEED $2,409,588.19, THEREBY INCREASING THE AWARD VALUE FROM $1,000,000.00 TO AN AMOUNT NOT TO EXCEED $3,409,588.19; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50643; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOW THE CITY TO SUBMIT AN APPLICATION FORA STATE OF FLORIDA REVOLVING LOAN TO OBTAIN ADDITIONAL PROJECT FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO COMMENCE WITH PHASE II OF THE PROJECT AND TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00639 Summary Form.pdf 14-00639 Back -Up Documents.pdf 14-00639 Legislation.pdf 14-00639 Exhibit.pdf 14-00639-Submittal-Brett Bibeau.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0257 Chair Gort: RE. 6. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.6 is a contract amendment to CH2M Hill. This is for the construction phase services of the Wagner-Seybold Canal Dredging Project in an amount not to exceed $2,409,588. We have engaged CH2M Hill to provide design criteria package and construction inspection services for this project. I did want to give you a little background just for reference. The Wagner-Seybold Canal as you all know, hopefully, runs from Northwest 20th Street and terminates at the Miami River just adjacent to the Spring Garden Park. This waterway has a number of contaminated sediments. It -- with this dredging project will certainly improve drainage, the pollution will be removed and navigation throughout the canal will be City of Miami Page 56 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 restored. The total estimated project cost is a 23 million dollar project. This project -- the funds that we have allocated right now come from various sources. We have three FIND (Florida Inland Navigation District) grants that we received that have been appropriated to the project, as well as some storm water utility funds that are also in the project. The Administration right now is working very diligently with the State to allocate and acquire revolving loan funds to bridge the funding gap that we currently have to go into construction. Thank you. Chair Gort: Okay, is there a motion? Vice Chair Hardemon: So move. Commissioner Carollo: second. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Carollo. Yes, sir, you're recognized. Mariano Cruz: Yes, Mariano Cruz, 1227 26th Street. I live close to the Wagner Creek. It start there in Durate Park and goes around there in the back. I am glad to see that maybe finally, they will be cleaned. That was the most polluted water in the whole State. And I been going there to different charettes for years, and years, and years, and years, and maybe now they will finally clear. I seen the sign already at 12 and 14 with your name, Mr. Hardemon sign there about that. Okay. One -- another thing I want to say, that I see so many new people around. You know Delta Airlines? Delta Airlines was the most efficient company in the United States. Nobody gave to the CEO (Chief Executive Officer) of Delta that previous hasn't work in the hangars. They promote from within. Remember Eastern Airlines, Eastern here? What they dick they brought Frank Bourbon from the outside, big (UNINTELLIGIBLE) and everything, and what happened to Eastern? Do you remember Eastern? There's nothing left of Eastern, because they broke the company, because they got to promote from within. And that I tell, the moment they get the power, well I see a lot of people here that's good for the motto of the people. You stay in the company so many years, and then when they come to promote, they bring somebody from the outside. Thank you. Chair Gort: You're welcome. Anyone else? Okay, yes, sir, you're recognized. Brett Bibeau: Thank you, Mr. Chairman. Brett Bibeau, managing director of the Miami River Commission with offices located at 1407 Northwest 7th Street, here to read a letter from Chairman Aguirre into the record. This letter serves as the Miami River Commission's official statement as requested by City Resolution 00-320 in support of RE.6. The Wagner Creek and Seybold Canal is considered the most contaminated waterway in the State of Florida, and requires immediate remediation before the contamination migrates to other areas in the Miami River. Thus fore, the Miami River Commission vigorously recommends approval ofRE.6 to commence with phase two of the City's Wagner Creek and Seybold Canal Maintenance, Dredging and Environmental Cleanup Project which will improve the environment and the local business economy. Your time and continued support of the Miami River Corridor is sincerely appreciated" Thank you, gentlemen. Chair Gort: Thank you, sir. Anyone else? Renita Holmes: Madam Holmes again. Blocks away, but I just want to ask a question, because this is an increase, and I know increases come. It's a substantial increase when it comes to it. Are there any mitigation funds attached to any of these projects or any of these increases? Have we applied for any other grants, you know, improvement? It's so easy now to start talking about who's a priority, because I -- where I live at, I walk along the river, there's this big canal. I forget the name, but it's right off 4th Street, and everybody takes their dogs and the kids run up there, and you've got these rocks. One day, it's rocks there, and one day, it's this, and I see this -- City of Miami Page 57 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 construction trucks pull up, they do this and they do that, but still, on a weekly basis, when I go by, Commissioner, I got feces rising up out of there. Now, right next to it, there is a water plant right there, and so it is needed But here's my concern: When are we going to -- in my particular -- my neighborhoods where we talk about who's got a priority and who doesn't have that, I got feces being pumped up where kids play right next to Lummus Park, and I got a water treatment center there, and nobody recognizes it. It's got all these flies and stuff around it on a weekly basis, like I'm saying, so we just automatically start increasing this. But we don't utilize what I know as a professional when I learn through the City grant, another City grant -- many of us did that -- we have funds available. Most citizens don't know that, and I don't know if always staff knows that. Have we applied or have we created partnerships with environmental funding initiatives? And I say I know we can, because now we're beginning to do that on the City side. It's -- in closing, it's unusual for me to see us not maximize on the County side with that and have situations like this in this neighborhood and just this particular project automatically gets an increase. If we're going to maximize on our resources, we need to find out. Are we applying through the Chair for any -- here's another through the Chair -- any of the funding to maximize or leverage on the impact or the expenses? I mean, the grants are out there, can we be creative? Otherwise, they're using taxpayers' monies. Thank you. Chair Gort: Thank you, ma'am. Could you please go over the different grants that we have applying and all the study and analysis that has been done on this creek? And this affects the -- all three districts right here. It affects District 3, 5, and 1. Mr. Spanioli: Yes, Mr. Chairman. The City Administration has explored every viable funding option for the last number of years for this project, whether it be grants, loans, et cetera. Currently, as I mentioned during the briefing, there are three FIND grants that we received, totaling of $2.7 million. And the remaining balance of the funds that we currently have allocated come from storm water utility funds. Chair Gort: Okay, thank you, sir. Horacio Stuart Aguirre: Mr. Chairman, Horacio Stuart Aguirre, chairman of the Miami River Commission, offices at 1407 Northwest 7th Street. I don't know if the body of water that Ms. Holmes refers to is a tributary of the Miami River, but Mr. Brett Bibeau and I will go out in the next five days to inspect that particular site, determine if it is, and make a recommendation. Chair Gort: Thank you. Okay, yes, sir. Vice Chair Hardemon: Thank you very much, Mr. Chairman. One of the things when I was reading through the letter that was provided by Mr. Horacio is that I wondered where we came up with the idea that this was the most polluted waterway in the State of Florida. I mean, that's a big claim to be just in the beautiful City of Miami. So that was one thingl thought about. Related to this but not directly, I'm very happy to see that there are some improvements being made to the 14th Street Corridor, and that's something that Commissioner Gort and I share as it goes from through Overtown actually west towards the Allapattah area, and I can already see the improvements that are being made with the trees and things that are placed inside of them. It's making that area much more grand, especially when you consider that it's the Health District, you have the Public Defender's Office there, you have the prosecutor's office and hospitals. So I like that. One of the things that I'm wondering about, because I'm no engineer -- all of our smart engineers that we have around us -- when I look at the street improvements that are being made along with the trees that are being planted there, how often does the City go out to inspect the improvements that were already made on the street? I say that because between 7th Avenue and 8th Court, just about 9th Avenue, there was some street work that was done, but in my eyes -- and I'm a layman -- it appears that it is not up to par. It appears that it's not up to par because of the level of the street, the new street with the old, and also the level of the pot -- what is it called? City of Miami Page 58 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Swale? Vice Chair Hardemon: No, not the swale but -- Mr. Spanioli: The median? Vice Chair Hardemon: The manholes, the manhole covers and the new street. So I'm just trying to figure out, can we have someone check to see if that was done up to par? Because as I understand, the improvements are going to continue to be made from 7th Avenue through the rest of the avenues on 14th Street, but I just have a concern as to whether or not those improvements that have already been made, especially between 7th Avenue and 8th Court, are up to par. Mr. Spanioli: Along Northwest 14th Street, Commissioner, we've not finished there yet. There will be numerous punch list items, et cetera, that need to be rectified. I haven't driven that section as of lately, but the result will not be completed until the manhole covers are set properly to grade with the new asphalt, et cetera, but we -- our contractor has not completed that work yet, so it's likely that only the first layer of asphalt has been installed and there's still another layer to be installed. Vice Chair Hardemon: Okay, thank you very much. Mr. Spanioli: You're welcome. Chair Gort: Thank you. Any further questions? Mr. Spanioli: Commissioners, ifI could -- Chair Gort: Yes. Mr. Spanioli: -- we would love to also amend this resolution -- Chair Gort: Sure. Mr. Spanioli: -- to include a -- basically support from the Commission on this item and support to engage the State Revolving Loan Fund exercise that we're implementing right now. Chair Gort: Okay. Would the maker of the motion accept the amendment? The support. Vice Chair Hardemon: What; the State Revolving Loan Fund? Just clarify that for me so I'm sure what I'm agreeing to. Mr. Spanioli: We've been actively working with the State. There's a funding shortage still for this project roughly of about $18 million for us to engage the construction services themselves. We -- after many years at this point of exploring different funding sources, we've come to the determination our best option right now is to go with the State Revolving Loan Fund. Part of that application process requires that we get a resolution of support from the Commission to include in that package. Chair Gort: Explain the terms of that loan. At the same time, my understanding, it's about one percent and it's very small. And my understanding also is if we get some additional grants, that we applying for additional grants, it can be utilized for debt service. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Correct. The loan is sponsored through a Federal program for the Clean Water Act, so these are Federal funds that are provided to the State for this purpose. And the terms to the City would probably be a 20-year City of Miami Page 59 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 arrangement at a .6 percent interest. That's the interest rate right now that we're looking at. So we hope to be approved for that by the State in August, and then we'd start on the paperwork. And again, next year, it's supposed to be a big water project year with the legislature, so we're anticipating receiving additional funds that would help minimize the amount that we would have to use for this program. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: So this is unlike the Section 108 loan that we've been discussing previously within our meetings? Ms. Bravo: Correct. This loan, what we would -- an applicable funding source for this type of project would be our storm water utility fee, so we would look at using that as the payment source. Vice Chair Hardemon: I will accept that (UNINTELLIGIBLE). Chair Gort: Okay, does the seconder of the motion accept? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I just don't like that it's an "afore" amendment, the way about this, so -- and storm water utility fees, you know, it's a funding source citywide that we use in our districts to fix numerous issues that we have with regards to flooding and so forth, so I just feel a little uncomfortable that, you know, "by the way, let's just attach this to it." Now, I definitely agree that we need to do something to clean up Wagner Creek, and I think that even, you know, suggestions in the past with regards to litigation, but I just feel uncomfortable how it's a last-minute, you know, slip it in there that, by the way, we could also do this type of loan, and there's not enough, you know, materials behind it. I feel uncomfortable doing that. Chair Gort: Commissioner, my understanding is the loan is the process that we can go through. The funds that was pledged, there's a suggestion. It doesn't mean that this resolution would attach those same funds. They all have to come back to us. If they get an agreement, we have to agree on the loan. It will have to come to us with the whole proposal. I mean, this does not give them the right. It just gives them support to go and apply for it. If they accept it, they would have to come back for this Commission. This Commission would have to approve it; am I correct? Ms. Bravo: Yes. Daniel J. Alfonso (City Manager): That is correct, Commissioner. Ms. Bravo: In addition to going through our finance committee before coming to the Commission. Chair Gort: Okay? Commissioner Carollo: Understood. Yes. Chair Gort: All right, any further discussion? Being none, all in favor, state it by saying "aye." City of Miami Page 60 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 BC.1 14-00604 The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION END OF RESOLUTIONS BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eduardo Cantera Mayor Tomas Regalado Howard Miller Mayor Tomas Regalado Takiyah Butler Commissioner Frank Carollo 14-00604 Arts CCMemo.pdf 14-00604 Arts Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0260 Chair Gort: We have boards and appointments. Nicole N. Ewan (Assistant City Clerk): Good morning again, Commissioners. BC.1, Arts & Entertainment Council, Mayor Regalado will be reappointing Eduardo Cantera and Howard Miller. Commissioner Carollo will be appointing Takiyah Butler. Commissioner Sarnoff. So move. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Commissioner Suarez: Second -- third. Chair Gort: Any discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. BC.2 RESOLUTION 14-00302 City of Miami Page 61 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ignacio Abella Chair Wifredo (Willy) Gort 14-00302 Audit CCMemo.pdf 14-00302 Audit Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0261 A motion was made by Commissioner Sarnoff, seconded by Vice Chair Hardemon, and was passed unanimously, to appoint Ignacio Abella as a member of the Audit Advisory Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ignacio Abella as a member of the Audit Advisory Committee. Nicole N. Ewan (Assistant City Clerk): And ifI can go back to BC.2, I need a five -five for the Audit Advisory Committee. Chair Gort will be reappointing with a five -five term waiver Ignacio Abella. Commissioner Sarnoff. So move. Commissioner Suarez: One of the two guys that was able to actually -- Chair Gort: Right. Commissioner Suarez: Second. Chair Gort: You know, that's something that we need to look into. My understanding is the Administration might be recommending some changes. My understanding, we have a Finance Committee that meets constantly, meets every month, and they always have a quorum, so that's something we need to look into. Commissioner Suarez: That may not be a bad idea. Chair Gort: Okay, there's a motion and a second All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Ewan: I'm sorry, Chair, who was the seconder? Vice Chair Hardemon: I'll second it. Ms. Ewan: Thank you. BC.3 RESOLUTION 14-00605 City of Miami Page 62 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Office of the City Clerk BC.4 14-00392 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NO ACTION TAKEN RESOLUTION NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Deidria Davis (term expiring 7/10/17) Horacio Aguirre (term expiring 12/16/16) Douglas Mayer (term expiring 7/10/17) Alvaro Puente (term expiring 7/10/17) Eileen Damaso (term expiring 7/10/17) 14-00392 CIP CCMemo.pdf 14-00392 CIP Current_Board_Members.pdf NOMINATED BY: Civilian Investigative Panel (Mayor's Seat - Mayor Tomas Regalado) Civilian Investigative Panel (D1 Seat - Chair Wifredo (Willy) Gort) Civilian Investigative Panel (D1 Seat - Chair Wifredo (Willy) Gort) Civilian Investigative Panel (D2 Seat - Commissioner Marc David Sarnoff) Civilian Investigative Panel (D4 Seat - Commissioner Francis Suarez) Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff R-14-0262 Chair Gort: FR.2 we're going to -- before we can go on FR.2, I'd like to recall BC.4. Victoria Mendez (City Attorney): Yes, thank you, Chairman. Chair Gort: We have some nominations to approve. City of Miami Page 63 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. BC.4 is your Civilian Investigative Panel board appointment. A recommended memo was distributed to the Mayor and each of you Commissioners from the Civilian Investigative Panel, and I have the following appointments to be made to that board: Mayor Regalado will be appointing Deidra Davis; Chair Gort will be appointing Horacio Aguirre and Douglas Mayer; and Commissioner Sarnoff will be appointing Alvaro Puente. Chair Gort: Anyone else? Ms. Ewan: No, Commissioner, that's all of the appointments that I have as of this time. Vice Chair Hardemon: Mr. Chairman. Chair Gort: I think Commissioner Hardemon has some. Vice Chair Hardemon: Are there any other positions that are unfilled within the CIP (Civilian Investigative Panel) even with these appointments? Ms. Ewan: Yes, there is. District 4 has two that is currently vacant, and there is a reappointment by District 5. Vice Chair Hardemon: And so with those -- so then we will only be missing two if all the reappointments are successfully passed with these appointments? Ms. Ewan: That is correct. Vice Chair Hardemon: And that is enough to fill the nominating committee so that they can make whatever recommendations they need to make to us? Commissioner Carollo: I'm not sure, because I think the nominating committee needs a representative from each district; that's my understanding. But we could ask our City Attorney so she could read the rules and regulations and procedures. Ms. Ewan: We will need on the nominating committee representation from District 4. If District 4 does not make an appointment, there will be no representation from District 4 on the nominating committee. Ms. Mendez: But I believe we already have representation on the nominating committee by a District 4 representative. Commissioner Suarez: What's that? Ms. Mendez: But I believe we already have a representative on the nominating committee by District 4. Commissioner Suarez: Of course, yeah. I think we're missing an actual representative on CIP. Cristina Beamud (Director, Civilian Investigative Panel): That's correct. And we continue to need another person from District 4. Commissioner Suarez: Yeah. We -- Chair Gort: Hello, hello, excuse me. And you are? City of Miami Page 64 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Ms. Beamud: I am Cristina Beamud. I am the director of the Miami CIP. Chair Gort: Okay, thank you. Commissioner Suarez: Yeah, we have -- I'm sorry, Mr. Chair. We have a proposed one which I think has been favorably nominated from the nominating committee, but that we still have to find another one, correct? Ms. Beamud: That's right. Commissioner Suarez: Yeah. We're looking. Chair Gort: Listen, in reality, my understanding is the board got together, they're recommending these individuals to be confirmed by us and according to the procedure. If we do confirm these individuals today, we don't have to have the ordinance that was proposed before, okay? Ms. Ewan: And Chair, I've just been informed the District 4, Commissioner Suarez will be appointing the recommendation who is Eileen Demaso. Chair Gort: Okay, that's another one. Any further nomination; that's it? Commissioner Carollo: Yeah. Mr. Chairman I just -- Chair Gort: Yes, sir. Commissioner Carollo: -- want clarification, and I know we're doing the BC (Boards & Committees) item before we do the FR.2, and I just want to verifir from our City Attorney that us now appointing these individuals to the CIP, we do not need to do -- pass FR.2, or is there enough with these appointees to fill the nominating committee, or where are we with that? Ms. Mendez: The FR (First Reading) -- with the nominations that you made today, FR.2 is not as important to pass at this time; however, I would encourage if not in this draft form, which I know is offensive to some people, because it is very, very radical, because we're basically eliminating a little bit of the CIP's autonomy with regard to nominating. I suggest that it remain as it is in the books, but that there be a one -sentence fail-safe provision added that basically, if there is no nominations that take place, then the Commissioners can make nominations to the nominating committee just so that it never -- this situation of six months waiting to nominate people never happens again -- Chair Gort: My un -- Ms. Mendez: -- and we could bring that as a different -- Chair Gort: -- understanding is when we changed the ordinance where we stated that the Commissioners would be able -- because we didn't have fair representation of all the districts and we agreed to allow each Commissioner to recommend two individual to the panel so they can recommend it. The only reason we never had it before, 'cause the nomination committee could never get together, okay? So my understanding, if we approve this today that we don't have to do the ordinance. Ms. Mendez: Correct, correct, but I'm suggesting that instead of this ordinance as it's drafted that I bring in the future a provision so that this process that happened in the past, the six months that we were not able to nominate anyone that the Commission can come in and -- Chair Gort: And the Commission can get back to you. City of Miami Page 65 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Ms. Mendez: -- just a one-liner. Chair Gort: Got to be changed a little bit, okay. Any further discussion? Ms. Ewan: Chair, and before the motion is made, just so the record is clear, if I can restate the appointments. Chair Gort: Restate it, the appointments and names. Ms. Ewan: Thank you. Mayor Regalado will be appointing Deidra Davis; Chair Gort will be appointing Horacio Aguirre and Douglas Mayer; Commissioner Sarnoff will be appointing Alvaro Puente and Commissioner Suarez will be appointing Eileen Demaso. Chair Gort: Okay. Yes, Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Yeah, I just want to explain -- 'cause I'm going to vote "no" -- why I'm going to vote "no." We have arranged a committee to look into what is broken in the CIP. I've been here when Commissioners appointed people to the CIP directly. I've been here now when there's been a nominating committee. I've been through all the debate, argument for, argument against. I've not met any of these people. I've seen their resumes. I find it a little bit odd that somebody says they're chief of staff to the City of Miami Commission. Do we have that position here in the City of Miami? Chair Gort: No. Commissioner Sarnoff So, I mean, I'm -- until somebody can explain to me how somebody can represent that they were the chief of staff to the City of Miami Commission -- Chair Gort: Yeah, we have it. Commissioner Sarnoff We do have it? Chair Gort: Yeah, we have it. Commissioner Sarnoff Who's the chief of staff of the City -- Chair Gort: Yes. Commissioner Sarnoff There is? Chair Gort: Yeah, there is. Commissioner Sarnoff I've never met the chief of staff to the City of Miami Commission. Commissioner Carollo: Each Commissioner. Chair Gort: No, each Commissioner. Commissioner Sarnoff I understand that. Chair Gort: Oh, okay, I got you; chief of staff of all the Commission, okay. Commissioner Sarnoff Right. City of Miami Page 66 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Got you. Commissioner Sarnoff I'm just reading somebody's resume. City of Miami Commission chief of staff that's a person who we're about to go forward with. I have questions for that person. I suspect they were chief of staff to a Commissioner. They chose not to put that Commissioner's name there; find that equally a little bit odd. If you don't want to put the Commissioner's name there, you could put the district number; find that equally odd. So based on what -- I mean there are people I could vote for independently, and I would, but I think the better prudent thing to do right now is to allow our investigative committee to investigate and tell us what is wrong with the CIP. Vice Chair Hardemon: Mr. Chair. Chair Gort: Vice Chairman Hardemon. Vice Chair Hardemon: And ifI remember correctly, and my memory doesn't always serve me the best; that's why the minutes are always good to us. I -- the -- part of what we created the committee to do was to look into whether or not there was any misfeasance, malfeasance, or nonfeasance of the -- what is he? -- we'll call him "the attorney," but he is the -- Ms. Beamud: Independent counsel. Vice Chair Hardemon: -- independent counsel, right; the independent counsel for the CIP. So it's a little bit different than investigating the people who are a part of the Commission, but rather the independent counsel. So I'm perfectly comfortable moving forward with the appointments as we are today. Chair Gort: I don't have any problem, either, and the -- whatever -- my understanding, that committee is continuing to meet and when -- once they get together, we have a full board, they'll make their report to the board, and the board will make the decision according to the way that it should be. Any further discussion? Okay, all in favor, state it by saying -- Ms. Ewan: Chair, I need a motion. Chair Gort: We need a motion. Vice Chair Hardemon: So move. Chair Gort: It's been moved. Is there a second? Commissioner Suarez: Second. Chair Gort: Second. Further discussion? Being none, all in favor, state it by saying "aye." Chair Gort: Aye. Commissioner Carollo: Aye. Commissioner Suarez: Aye. Vice Chair Hardemon: Aye. Commissioner Sarnoff No. Chair Gort: Thank you. City of Miami Page 67 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 BC.5 14-00304 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.6 14-00305 APPOINTEES: (Alternate Member) (Alternate Member) NO ACTION TAKEN RESOLUTION NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large 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. APPOINTEES: NOMINATED BY: Lyse Cuellar -Vidal Mayor Tomas Regalado Adriana Oliva Commissioner Francis Suarez 14-00305 CRB CCMemo.pdf 14-00305 CRB Current_Board_Members.pdf 14-00305 CRB Memo and Resumes.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0263 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Vice Chair Hardemon absent, to appoint Lyse Cuellar -Vidal and Adriana Oliva as members of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 Lyse Cuellar -Vidal and Adriana Oliva as members of the Community Relations Board. Nicole N. Ewan (Assistant City Clerk): BC. 6, Community Relations Board. Mayor Regalado will be reappointing Lyse Cuellar, who requires a four -fifth attendance waiver. Commissioner Suarez will be reappointing Adriana Oliva, who also requires a four fifth attendance waiver. City of Miami Page 68 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 BC.7 14-00393 Commissioner Sarnoff. So move. Commissioner Suarez: 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 Office ofthe 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: NO ACTION TAKEN BC.8 RESOLUTION 14-00394 NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.9 14-00469 Office of the City Clerk APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) NO ACTION TAKEN RESOLUTION NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY City of Miami Page 69 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 BC.10 14-00308 Office of the City Clerk BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jordana Zarut Miriam Urra NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort 14-00469 EOAB CCMemo.pdf 14-00469 EOAB Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0264 A motion was made by Commissioner Suarez, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Hardemon absent, to appoint Jordana Zarut and Miriam Urra as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 and Miriam Urra as members of the Equal Opportunity Advisory Board. Nicole N. Ewan (Assistant City Clerk): BC.9, Equal Opportunity Advisory Board. Chair Gort will be reappointing Jordana Zarut and Miriam Urra. Both members requires a four fifth attendance waiver. Commissioner Suarez: Move it. Commissioner Sarnoff. second. Chair Gort: 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 A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose M. Fernandez City Manager Daniel J. Alfonso 14-00308 Finance CCMemo.pdf 14-00308 Finance Current_Board_Members.pdf City of Miami Page 70 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0265 Nicole N. Ewan (Assistant City Clerk): BC.10, Finance Committee. City Manager Alfonso will be reappointing Jose M. Fernandez. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.11 RESOLUTION 14-00470 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. BC.12 14-00606 APPOINTEE: NOMINATED BY: Maria Sardine Mann Mayor Tomas Regalado 14-00470 Homeland CCMemo.pdf 14-00470 Homeland Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0266 Nicole N. Ewan (Assistant City Clerk): BC.11, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Mayor Regalado will be reappointing Maria Sardina-Mann. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 71 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO RALPH ROSADO AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. 14-00606 Homeland CCMemo.pdf 14-00606 Homeland Current_Board_Members.pdf 14-00606 Homeland Employment Restriction Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0267 Nicole N. Ewan (Assistant City Clerk): BC. 12, Homeless [sic] Defense/Neighborhood Improvement Bond Program Oversight Board. Just a little background on this. Ralph Rosado was appointed by Commissioner Suarez on May 8, 2014. Mr. Rosado is a City resident; however, he's a full-time employee for a municipality other than the City of Miami, and he requires a four -fifth waiver of employment as required by Code Section 2-884(e). Commissioner Sarnoff. What municipality? Ms. Ewan: City of North Miami Beach. Commissioner Suarez: North Miami. Victoria Mendez (City Attorney): He's the new Deputy City Manager for North Miami. Commissioner Sarnoff. Very good for Ralph. Chair Gort: Okay, do I have a motion? Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Commissioner Carollo: Second. Chair Gort: It's been moved, second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 14-00471 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon City of Miami Page 72 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Vice Chair Keon Hardemon Vice Chair Keon Hardemon Vice Chair Keon Hardemon City Manager Daniel J. Alfonso NO ACTION TAKEN BC.14 RESOLUTION 14-00310 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ryan Dooley Chair Wifredo (Willy) Gort 14-00310 MIC CCMemo.pdf 14-00310 MIC Current_Board_Members.pdf 14-00310 MIC Resume.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0268 Nicole N. Ewan (Assistant City Clerk): BC.14, Mayor's International Council. Chair Gort will be appointing Ryan Dooley. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. BC.15 RESOLUTION 14-00396 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff City of Miami Page 73 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo NO ACTION TAKEN BC.16 RESOLUTION 14-00313 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NO ACTION TAKEN BC.17 RESOLUTION 14-00398 NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Gene Tinnie (term expiring 7/10/15) Maud Newbold (term expiring 7/10/15) Richard Townsend (unexpired term ending 4/10/16) Mayor Tomas Regalado Chair Wifredo (Willy) Gort Commissioner Francis Suarez 14-00398 VKBPT CCMemo.pdf 14-00398 VKBPT Current_Board_Members.pdf City of Miami Page 74 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 BC.18 14-00315 Office of the City Clerk Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0269 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Gene Tinnie and Maud Newbold as members of the Virginia Key Beach Park Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Gene Tinnie and Maud Newbold as members of the Virginia Key Beach Park Trust. A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Richard Townsend as a member of the Virginia Key Beach Park Trust, further waiving the residency requirements of Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the frill City Commission, as it relates to Richard Townsend as a member of the Virginia Key Beach Park Trust. Nicole N. Ewan (Assistant City Clerk): BC. 17, Virginia Key Beach Park Trust. Mayor Regalado will be reappointing Gene Tinnie, who requires a five five term waiver. Chair Gort will be reappointing Maud Newbold, who also requires a five five term waiver. And Commissioner Suarez will be appointing Richard Townsend, who requires a four -fifth residency waiver. Commissioner Suarez: Move it. 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 WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Fuentes (term expiring 7/10/15) Stuart Sorg (term expiring 7/10/15) Carol Colette (term expiring 3/13/15) 14-00315 WAB CCMemo.pdf 14-00315 WAB Current_Board_Members.pdf Mayor Tomas Regalado Chair Wifredo (Willy) Gort Commissioner Francis Suarez City of Miami Page 75 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 DI.1 14-00378 City Commission Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0270 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to appoint Jose Fuentes and Stuart Sorg as members of the Waterfront Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 Jose Fuentes and Stuart Sorg as members of the Waterfront Advisory Board. Nicole N. Ewan (Assistant City Clerk): BC.18, Waterfront Advisory Board. Mayor Regalado will be reappointing Jose Fuentes, who requires a four -fifth attendance waiver. Chair Gort will be reappointing Stuart Sorg, who requires a four -fifth attendance waiver. And Commissioner Suarez will be appointing Carol Coletta. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it "aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you, Commissioners. That concludes the board and committees. Commissioner Suarez: Hey, she's better than you are. She's better than you are at it, I'm telling you. I'm not saying anything but -- Todd B. Hannon (City Clerk): No complaints. Commissioner Suarez: -- she's better. That was quick. Thank you for figuring out a way to streamline that, by the way. That used to drive me crazy when I was the Chairman. Appreciate that. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00378 Cover Page.pdf 14-00378-Submittal-City Manager -Memo -Police Department Hiring and Staffing Update.pdf DISCUSSED Chair Gort: We have discussion items. Commissioner Suarez: Yep. City of Miami Page 76 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Vice Chair Hardemon: Moving on to discussion items, DII, status of hiring police officers. Commissioner Suarez: Mr. Chair, ifI may? Vice Chair Hardemon: You're recognized. Commissioner Suarez: I'd like to have the discussion of the next -- selection of the next Police Chief in combination with that item just so that -- I had asked for a time certain last time of 11 a couple times and just want to -- I think the two items are intertwined, so if we can have that discussion. Vice Chair Hardemon: This is for DI 1 along with what? Commissioner Suarez: It's my discussion item, which is discussion of the selection of the next Police Chief. Vice Chair Hardemon: Oh, I see it. That's fine, D4.1. Commissioner Suarez: Thank you, Mr. Chair. Look, I think Commissioner Sarnoff has been the leader on this Commission in trying to get the Administration to heed the call of our citizens, which is for there to be a greater police presence in our community, period. And I've struggled, and I'm sure he's struggled with how to be an effective Commissioner and play the most effective role that you can play in this drama, if you will, and we, unfortunately, have limitations on our powers and our limitations on our abilities to get things done. And the reason why I want to combine the two is because I think they're intertwined, and I'll go a step further. And I have to say that I am -- I've been here long enough to know that I can say that I'm a fan of our current City Manager, 'cause I know you always have to be careful when you say things like that, because it -- sometimes it seems like you say something good about somebody and then, all of a sudden, the wheels fall off. But I'm very happy so far with the Manager's performance on a multitude of different levels, but I'm going to issue him a challenge. I'm going to issue a challenge, Mr. Manager, if you can look up at me, 'cause this is a challenge. You have done marvelous things in a lot of areas that are areas of importance to this Commission, particularly in the area of finance. I think you've built a very strong financial team behind you, you've backfilled and -- you've begun the process of backfilling a department that we were all very, very worried about where that would go, and I think you, you know, you have people that are strong in that area, and it shows. It shows when we talk about the budget. It shows when we get to the end of the year. And I think we're -- when we get to our financial integrity threshold, which we hopefully will get to this year, I think that will be a tremendous feather in your cap, because you, as Budget director and then so on and so forth, really helped get us there. But the challenge that I'm issuing you today is a different challenge. As City Manager, you don't only supervise the finances of the City; you also are entrusted with the public safety of all of its residents, and I know you take that very seriously. I know you do. And when -- we don't have the ability as Commissioners to hire and fire police chiefs. We just don't have that. But we evaluate you as a Manager on your handling of all the departments, not just some. So I think we have been focusing a lot, Commissioner -- we focused on human resources. We've focused on the Department of Justice. We've focused on the Police Chief. We've focused on his subordinates. We've focused on other departments. We've focused on pay. We've done everything that we can. And now I think the time has come to focus on you, and to say this is your subordinate, this is your department, and the only power that we have is the power to judge your performance, really, and so we have to -- the only person we can hold accountable is you. And we can budget whatever we want to budget in this year's budget, which we're going to fight over it in the next few months, but ultimately, the implementation of that is going to be up to you, and the statistics that we care about -- the murder rate in our City, the crime rate in our City -- those are statistics that we're all responsible for, okay, and I don't want to hear -- and I don't think any Commissioners here want to hear excuses anymore. Excuses are easy. Anyone can make an City of Miami Page 77 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 excuse. We want results. We want to see the number of officers that we budget hired. We want it to be done in a careful fashion so it doesn't create problems in the future. And we want to see some of our drastic crime numbers start to go in the direction that we believe that it should, and we should have lofty goals in that regard. It should not just be like, "Oh. Well, that's 69 murders. You know, we went up 30 percent since 2009, and, you know, that's just part of the larger economy." Or if you look at the State of Florida or if you look at -- whatever you look at that justifies the increase. No, that's not acceptable. Our goal, just like with homeless -- just like the homelessness issue, our goal is to have zero homelessness on the street. Our goal should be as in -- as a -- as difficult as it may seem to imagine, our goal should be zero murders. That should be our goal. Maybe that sounds impossible to some. Maybe that sounds lofty. But that should be our goal; and we should not stop -- whether it's hiring officers, whether it's coming up with innovative ways to police our streets -- until we reach that goal. You know, I'm on my wit's end. I don't know where the Commissioner's at. I don't know where my colleagues are at. But this is the only remedy that we have left, which is to make the CEO (Chief Executive Officer) of our City responsible for what happens under his leadership, and that doesn't just stop at the finances, which I think you've done a phenomenal job. I think now is the time for you to get involved in this issue and make sure that, beginning with our Chiefs departure in January when he -- when his DROP (Deferred Retirement Option Plan) has ended, that the process be a clean and transparent process. I don't know how much I can talk about it, Madam City Attorney, other than to say that it be a clean and transparent process. Can I say that it's -- it could be a clean and transparent process? Victoria Mendez (City Attorney): Yes. And then -- Commissioner Suarez: And leave it at that? Ms. Mendez: -- we'll leave it at that. Commissioner Suarez: And that -- and can I say that since we do supervise the City Manager, is it fair for me to say that he -- his decision will be influential in our judgment of his job performance? Chair Gort: Of course. Ms. Mendez: Of course, but -- You can ask questions, definitely. It's just -- Commissioner Suarez: I'll let him make whatever statements he wants to make on how he's going to go through on his process. I just really believe that the most important position after his in our government is the Police Chief. And I think we are on the cusp of being the financially solvent city that we all worked very hard to get to, but that doesn't mean that we should pat ourselves on the back when we have this very, very glaring problem in our City that I think we all have been struggling for years to solve to no end. And I think, you know, the time has come to really focus the attention on the only thing that we can do as a Commission, which is to supervise our City Manager. So I'm issuing you that challenge. I know you're up for it, you know. We wouldn't have selected you if we didn't think you were. And I know you to be a man of integrity. And I know that that's the -- what has guided your decisions in other departments. I just, you know, want to feel comfortable that we're going to be headed in the right direction there. Thank you, Mr. Chairman. Chair Gort: Go ahead. I'll be last. Go ahead. Vice Chair Hardemon: We always save the best for last, Mr. Chairman. You know, one thing I would like to say is that growing up in a household where my mother was a law enforcement officer, where I got uncles that have served the City of Miami distinctively and retired, with Corrections officers within my family that still serve this community, I know that police officers City of Miami Page 78 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 putting just more bodies in our law enforcement is not simply the answer. It is a part of the answer. But one thing I want this City to be cognizant of is that it takes a holistic response to deter and solve the issues that we're having within the City of Miami, particularly within my district. I think that this problem that we're having is a citywide problem, and that's why we're discussing it in the manner that we are discussing it. But one of the things that we have to do as a City is put our money where our problems are, and some of our problems that bring about the discussion about police officers are economic development and the need for economic development in poverty-stricken areas, of which I know that I serve a great deal of them. And so the discussion about hiring more police officers is important, andl think the discussion about economic development is even greater. Because if we can solve many of the ills that we have and we will continue to face within our communities through jobs, through development, through improving the business infrastructure, I think that we'll be able to tackle, along with hiring new police officers, some of the problems that we're having that are bringing about international attention now. So I just want to keep us in -- reminded that the issues that we have are not just with the officers, but with using our fund dollars to truly solve the growing concerns that we have within this community. Crime has always been that. And when I say "crime, " I don't mean breaking into someone's car, I don't mean car thefts, I don't mean an assault, I don't mean a battery, which can be a simple touching. I'm talking about what I wrote about in the Miami Herald.: domestic terrorism. And if you don't know what "terror" means in a community, sleep a night in a home in Liberty City. So these are issues that we have to solve. And so I support this Commission in trying to find the answers in improving our police force, but I sincerely hope that, in the future, when we start discussing this budget that this Commission supports me in finding resources to pump into a community that if we do not help, it will be to the detriment to the City of Miami as a whole. Thank you. Chair Gort: Let me tell you how I feel about this. From the first moment and the reason I voted for him and confirm him as Manager, from the first moment that he came here, he showed he was a professional, and he proved it in different department. At the same time, the one thing I tell everyone here, the Administration: "Be professional; don't be a politician. Let us be the politics [sic]." A lot of people here know how to count to three, so if they got three, "Hey, wait a minute. I can do this and I can do that." I want my professional, when he sits there and he tells us, "This is the way that should be done," Well, you know, you shouldn't be doing that way. "Commissioner, you can change it if you want to, but this is the way it should be done and this is the result. If you change it, this is what's going to happen." And that's what we want in here. So I have faith that a Manager -- I think he's demonstrated in the short time that he's been as a Manager that he wants to do that. He's the first Manager that I seen that goes and get together with his people. He change his office to being with the employees, being with Administration. He's working a lot with the Administration. I have a lot of faith in him. I'm sure he's going to select what he believe is the best. And the one thing you need to understand he's a gentleman who is intelligent. He has proven it. But also, he has six years of service in the military; that helps. Commissioner Suarez: Agreed. Chair Gort: Anything else? Yes, sir. Commissioner Sarnoff Since -- Chief I want to give you the opportunity -- I'm not going to get into "the this, the that, the how, the why, the which" When will you be at 1,179 police officers, the allocation this Commissioner gave -- this Commission gave to you October 1, 2014? I just want the date. Chief Manual Orosa (Police -Chief & Administration): I can give you an approximation, because a few things can happen that can speed up the process or deter the process. First of all, we contacted DOJ (Department of Justice). They gave us the approval so that we can go out and try to hire, if the County does release police officers, to go over there. I have meetings scheduled City of Miami Page 79 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 with their director and their union president to discuss it so that they can help us out in trying to pinpoint the people that are going to be laid off, if they do, so that we can attract them and bring them over here, so -- and that can speed up the process. If not 1,179, I'm looking for the latter part of this year, sometime probably in September or so. We are 43 shy. Commissioner Sarnoff Okay. So to put this in perspective -- and this is something I would caution all of us to mandate or suggest to any Chief whether it's this Chief or the next Chief -- that everybody needs to go on patrol or nobody needs to go on patrol; that's the Chiefs job, not our job. Who needs to be in SIS? Who needs to be in gang? Who needs to be -- it's just not for us to do. There's only one Commissioner up here that even has a semblance of an idea of what needs to be done, and it happens to be Carollo, 'cause he was a cop for over a decade. The rest of us are veritable amateurs at this. So our Chief of Police is extremely important. I'm going to quote Joe Biden again. We can all talk about anything we'd like to talk about up here. `I'm for this. I'm for that. I'm a cop. I wear the lapel pin, 'cause until we get the hundred cops, I'm going to wear the lapel pin." But I will say it to you as clearly as we can: The limited power that we have -- and we have extremely limited power -- is our power to budget and appropriate. And I'm going to budget and appropriate that this next cycle, Mr. Manager, for 100 new police officers, whether Commissioner Gort convinces me or something that, "Sure, that's going to be a savings, Commissioner, 'cause they're not going to be able to hire those cops on this and that date" -- let me just finish. You know what? I'm going to do what's in my power. I'm going to do what I can do. And to Commissioner Carollo, I'll tell you a funny story. So I've been on this hedge fund initiative. We have brought four hedge funds that we're allowed to publicly address; six that we're not allowed to tell you about. So about 10 hedge funds have come to Miami since we started this initiative: One, the Brazilian [sic] XP Securities was intending on only bringing two employees; they're bringing 100 employees to the City of Miami. And you, of course, have heard Carl Icahn son is opening up a hedge fund. Rutledge has announced last week that they're coming. We brought Universa. So these are well, well paid jobs. So as a result of this initiative, I was invited to go to Montauk Point, Long Island, about two weeks ago and to debate New York, Connecticut, and Bermuda as to why Miami is the best place to have a hedge fund I had my canned speech. I pretty much know what I'm going to say; you know, taxes. But I'll tell you something New York was able to do. Unfortunately, Commissioner Hardemon, it was the day of the Liberty City shootings, and all they did was say, "Are y'all comfortable in Miami? You think it's safe down there?" And he brings up the CNN (Cable News Network) article on it. And it was effective. It was effective. So here's a paradigm I suggest to this Commission: If Miami became a top-10 city for safety, how much economic development dollars would you really need to put into it? Or could you more effectively put those economic development dollars into the City? So I suggest that we shouldn't be looking at -- Chicago had a horrible Fourth of July. Eighty-two people kill -- 82 people shot; 14 killed; horrible day. And somebody could say, "At least we're not Chicago." But is that who you want to compare yourself to? 'Cause 171 tell you the city I want to compare us to. I want to compare us, Mr. Manager, to Raleigh, North Carolina. And you're going to go, "Come on, Commissioner, that's a southern city. Those people are civilized there." But you know what? That's where we need to get to. We need to become a top-10 city in terms of safety. And I think the paradigm shift will be everyone will want to move to Miami that can do business in Miami. So -- I know Commissioner Suarez wants to speak, and I don't intend on speaking a long time. I'm going to present this to you all. I'm going to do what I can do as a Commissioner. My powers are extremely limited here. I feel like an emasculated man sometimes when I'm up here, 'cause I'd like to say more than I can. All I ask is that you join me in the powers that you have: budget and appropriate for those 100 officers. And I'll close with this -- and I'll close, I promise. Commissioner Suarez: You know, I'm chomping at the bit. Commissioner Sarnoff I've been -- I know. I'm a long-winded guy. I've been here now for -- going on seven or eight years. I have been through Pete Hernandez, Tony Crapp, Johnny Martinez, Danny Alfonso -- probably left one out. City of Miami Page 80 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Suarez: Carlos Migoya. Commissioner Sarnoff I've been -- Carlos Migoy -- there you go, Carlos Migoya. I've been here with CFOs (Chief Financial Officers) Larry Spring -- I don't remember the others. I would tell you this: Somebody asked me this question yesterday in my law office: "What do you think of this Administration?" And I said it without even thinking long and hard about it. Danny, this is the best Administration I have ever served as a Commissioner. Easily said, "You're the best Manager I've ever served with." And I was pretty well prepared not to like you. I really was. But you're also the Chief Safety Officer, the best I can read in the Charter, unless you want to divest yourself of that someday. You're the Chief Safety Officer. I know you have a former military background. You know what it is to serve and protect. I ask you to start thinking about the latter: protecting. You have a 15 percent clearance rate. That is the number of crimes that have been cleared in the City of Miami. You have to do better, because even if we put -- let's say Suarez is saying, "I just want them on patrol," okay. That person has an 85 percent chance of every time he gets arrested of statistically not being cleared from that crime. You have to look at this thing from a holistic standpoint. You have to change the paradigm and never, ever consider comparing us to Chicago. Commissioner Suarez: Mr. Chair. Chair Gort: I have Vice Chairman Hardemon, then you. Vice Chair Hardemon: And quickly, I want to say this: Chicago has about 2.7 million residents; so 82 in one weekend, when you have 10 shot in Miami with about 450,000 residents, unfortunately, we are comparable to Chicago, and this is a discussion that I intend on having along with other national city leaders, especially in Chicago. And I sincerely mean it when I say, it's about time that we have a national initiative to make our community safer, and I'm prepared to lead the charge for that for the City of Miami and especially for my district. So ladies and -- well, ladies and gentlemen -- Commissioner Suarez: Mr. Chair. Vice Chair Hardemon: -- I look forward to having that discussion with all of you. Commissioner Suarez: And I look forward to participating in it with you. I'm going to support you in the allocation of the hundred officers, as I have vowed to do in years past, because I believe in that allocation. I just don't want you to sell yourself short in thinking that your powers are limited to allocating those hundred officers. I think your -- our powers -- all our powers, as I continue to think about it, you know, they are limited, certainly, but we have the power to supervise our Manager, who we all believe is doing a good job. But we also believe that this is the number one challenge right now in the City of Miami, and so his performance has to be based on how he meets that challenge. And I agree with you that -- and I agree with the Vice Chair that there has to be a holistic approach, certainly, and I'm not an expert in policing, policing tactics, but I think I bought into the argument that we're understaffed as a department, number one. I think you're making another compelling argument that we may be understaffed in investigations, if we have such a poor clearance rate. I had heard -- I don't know if it was at an earlier Commission meeting -- that our murder clearance rate was -- what is it? Commissioner Sarnoff I believe 30 percent. Commissioner Suarez: Is that correct? Chief Orosa: Bit high. City of Miami Page 81 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Suarez: I'm sorry? Chief Orosa: It's a bit higher. Commissioner Suarez: It's -- what is the number? Chief Orosa: It's around -- Chair Gort: Speak in the mike, please. Chief Orosa: Chief Manny Orosa, Miami Police Department. It usually fluctuates between the 40s and the 70s. Right now we're in the higher 40s, lower 50s. Chair Gort: Now, let me ask a question. My understanding, clearance is -- because we have this problem in downtown Miami when I was -- Commissioner Sarnoff I'll give you the definition of "clearance." Chair Gort: -- (UNINTELLIGIBLE). Commissioner Sarnoff So -- Chair Gort: We had a lot of robberies that took place. When it comes to the time to go to the -- to court, the people didn't show up. Commissioner Sarnoff No. Chair Gort: Is that a clearance or not? Commissioner Sarnoff No. Chief Orosa: No. A clearance is -- Commissioner Suarez: No. Chief Orosa: -- when an arrest is made or when you can make an arrest and the individual cannot be located, such as the individual's dead. Commissioner Sarnoff Well, I think the way -- and I don't mean to dis -- I think the best way for this Commission to understand "clearance," it's the ratio of how many crimes the police believe they have solved. Commissioner Suarez: Right. That's what I thought it was. Commissioner Sarnoff Right. It has nothing to do with -- Commissioner Suarez: Right. Commissioner Sarnoff Commissioner Gort, I want to dispel you of this. It's not a really good lawyer being hired and getting somebody off. That is a cleared crime to the City of Miami. They brought the man to trial. Commissioner Suarez: Right. Commissioner Sarnoff They cleared that crime. City of Miami Page 82 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Suarez: Right. Right. And so, what I'm saying is that I don't -- it's not acceptable to me that we have a clearance rate in the 40 to 50 percent range. That's unacceptable for a murder, okay. It's not acceptable for me that we have a clearance rate for crime 15 percent. It's not acceptable for me that we have 69 murders in the City of Miami in a given year. None of those things are acceptable for me. I don't think they're acceptable for anyone here, okay? The question is what are we going to do about it, okay? And what tools do we have as a Commission that continues to, you know, scream about the problem and now hopefully will allocate some more resources than what's being proposed to solve it? But if that allocation goes on deaf ears, for example, what are we going to do about it? If that allocation is filled, and yet, the problem doesn't get better, what are we going to do about it? So, you know, I think the question now is understanding what our powers are and not limiting ourselves to saying, "Oh, all we can do is allocate." We can allocate, but we also can hold people accountable. And I think right now we've been -- we have -- in the two years that I've been here, we've talked to the Chief we've talked about Human Resources and their director, we've talked about the Department of Justice, we've talked about everybody but the City Manager. And I think, you know, we're very lucky -- as the Chairman said, we're very lucky to have a Manager that has a military background. We're very lucky to have someone that we all respect, whose judgment we respect. And all I'm doing is issuing the challenge and making it very clear that his job performance will be rated not only on how well the finances of the City are but on how well the City is policed and these major statistics that we need to see improved immediately. Thank you, Mr. Chair. Chair Gort: Yeah, I agree with you. But at the same time, I think the City Manager make certain decisions, we got to support him. If we don't think he's doing the right thing, then we fire him. But if he's doing the right thing, he needs to be supported by this Commission also. Commissioner Suarez: Agreed. Chair Gort: 'Cause, let's face it, a lot of times decisions are made at the Administration, then somehow it comes back to us, and we change it. And let's face it, the problem of crime, I understand you want more police and all that, but is that the answer? It's a complex problem that we have to work on. There are certain neighborhood where you have more violence and crimes than other neighborhoods. What is the atmosphere that creates that in those neighborhoods? Why is that happen in those neighborhoods? And it's not an easy problem. And I agree with you; I think it's a comprehensive problem that we have to work as a team. We have to work with the County, the other cities, and bringing people together. Commissioner Sarnoff Well Mr. Chair -- Chair Gort: Okay? Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff I mean, every one of us, I suspect, up here have what I call the `Miami callus." The `Miami callus" is that Suarez, I bet, will have -- has had a bike stolen or, I bet, has had his car windows smashed, or has had a lawn mower stolen, or has had somebody come onto their premises, and you all develop what I call a "Miami callus: Oh, I live in the City ofMiami,- that's just the way it is." I got to tell you, I mean, I have a Miami callus. I've had bikes stolen, and I fault myself for leaving it in a place where they [sic] could be stolen. And all I'm saying is change that paradigm. We shouldn't have Miami calluses. Commissioner Suarez: Agreed. City of Miami Page 83 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: I agree with you. And let me tell you, I've had bullet going through my window. I had one of my daughters taking the purse away, and I don't go for it. I call the police, and I ask for action, and we came out with some ideas, and we implemented those ideas. But we all have to work as a team on solution for the whole thing. Economic development needs to be done. I mean, we need to educate our community. We need to -- a lot of violations that taking place constantly and nothing happen, because that's a way of life. I mean, you can violate the codes in the City of Miami; you're not going to have any problem. It's going to be fine. You're going to continue to violate it, and there's no problem. Commissioner Sarnoff Well, I would say to you, Mr. Chair, on that that if this Manager or the others in the Administration were more proactive on Code enforcement, then he wouldn't have -- and I'm pointing at the Chief of Police -- so many broken windows to deal with. And the broken window theory is allow enough broken windows and you'll attract the crime. So I think one of the bows in the quiver should be Code enforcement. Commissioner Suarez: Sure, sure. Chair Gort: Well, what I'm saying is, let's go -- if the Manager makes decision that we believe is a benefit, we need to support him, okay. Any -- It's 12:03. Let's go to lunch. Chief Orosa: Mr. Chair, can I clarifir a couple comments, please? Chair Gort: Sure. Chief Orosa: You are absolutely right; the clearance rate, especially on murders, it depends on neighborhoods. For example, in District 5, there's a challenge in trying to get some clearance rates there, because the community's afraid, the community is lacking the ability to come forward and give us information. So that's why we have a lot of community groups going out and trying to seek the information for us. That's number one. Number two is there's other areas where clearance rate are at a hundred percent when it happens to homicides, which is the Flagami area, Coral Way area. When we have murders there, we usually solve them, and that is much higher. And lastly, it was -- there was a dark picture painted here about crime in Miami. Crime in Miami has been stable for -- since 2009. Since I took over in my years here, crime has gone down every single year to the point that last year we were at 1966 levels; and if you add the increased population, we're down to 1963 levels. So it's not that dark picture that has been portrayed today, but can we improve? Of course. The goal, like Commissioner Suarez says, to have zero crime. And by adding more technology, by adding more police officers, and by smarter policing, we can try one day to reach that goal of zero crimes. Is it going to happen? Like utopia, I doubt it. We're always going to have someone walk into our community and commit a crime. But I don't want the viewers to think that Miami's this out -of -control dangerous situation. Chair Gort: Okay. Renita Holmes: I'm sorry. Mr. Chair, I'm just asking the privilege, through my Commissioner, if I could just be recognized (UNINTELLIGIBLE), please? Thank you. My name is Madam Renita "Biggy Mama" Holmes. I'm the executive director and community liaison for the Women's Association Alliance Against Injustice (UNINTELLIGIBLE) Empowerment. I am over decades, half a century, and I just wanted -- it is not as dark as it seems, but when it comes to the decrease, that may be general, but the increase is here. And in my heart, I am looking this way, and I -- and by no means, you and I have a good conversation, but I'm more than a talker and I'm more than a victim. These are -- it's the black community. This is disparately black children and black mothers. I'm the police. I'm a first responder. I have to call the police officer. I have to call the fire -rescue. I have to be trained on gangs. I have been doing this for a while, but yet, when it comes to being an expert on being a survivor, I have no power, particularly as a mother. City of Miami Page 84 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 That's why I know God is working in His own way with it's good, orderly direction, whether it's through Yum Yum Kim Yo (phonetic). He's a -- he has an alternative in holistic practices to recognize the power that the people have to protect themselves. But, please, I could care less what anyone else thinks about Miami. I live in Miami, and I'm a taxpayer. So everything, Chief was totally devoid of my perception and my reality. I am a mother who's walking around people carrying pistols, about people who are coming in shooting pistols, and people behind them with pistols. Now, this is the reality of it. There's a roundtable on Friday, 12 to 2. I am sick and tired of having to talk to one law enforcement agency and another, so the partnership is needed And the only thing that crossed the line, I am beckoning you: stop sitting here insulting me as a black mother and a victim's advocate, telling me that it's not so bad I'm going to start packing up my stuff with the rest of the women and moving into everybody else's neighborhood, and then the guns come with me or they go without me. But stop telling me a lie that I'm not in trouble. And lastly, I got a problem, Mr. Chair, when the police got to be the police, the property developers, the eviction people, the community policing, which is different from community -oriented policing, so hurry up. Because you see how pissed offl am right now? You want me walking around shoot off more than my mouth? But I am not going to tell this false image and this false lie that it's not as dark as it is. These are black people. These are my children. This is my neighborhood. And we are in a state of emergency. So even if you don't hire more police, the more police cameras, property owners, security people we get, still it increases in the rates of death and homicide in our area. Oh, hell, no, it ain't that easy. It's very dark right now, and we need to have a change. I think you need to call an emergency meeting. It's my recommendation that you get with us, and us mothers want to see it. Lastly, I don't even see the Mayor sitting his self down here right now, so you better pay attention to this. 'Cause if it was anybody else's neighborhood, if it was a bunch of police officers dying like my children dying, 10 a week or being shot 10 a week or 12 a week, it would be a true picture of light. Don't play with me no more. I'm very upset now. Don't play with me. Who do we have on the Community Relations Board? What are they doing? We're here talking about international global crimes where everybody else's child is dying, but you ain't saying nothing about mine? Yes, because I'm black. Yes, because we don't have a voice. Yes, because everybody so busy talking about economic development, they talk about building up people. Build me up. Just give me 10 more women like me that have endured, and give me 10 more citizens on patrol. Vice Chair Hardemon: Madam -- Ms. Holmes: Stop erasing me. I'm just making recommendations about hiring and elaborating. But I'm sick and tired of y'all telling this lie and we dying -- like we dying. Vice Chair Hardemon: Madam Holmes? Chair Gort: Thank you. Appreciate it. Ms. Holmes: Is there any response to what I'm saying about the darkness? Chair Gort: Ma'am, I cannot respond to you at this time right now. I'll let your Commissioner direct -- Ms. Holmes: Don't play with me no more. Commissioner, I'm sick -- Vice Chair Hardemon: Madam Holmes -- Ms. Holmes: -- we're sick of it. Chair Gort: Excuse me? Vice Chair Hardemon: Madam Holmes -- City of Miami Page 85 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Ms. Holmes: And thank you, Chief Orosa, for being open. Note for the Record: The Chairman turned off microphone; therefore, speaker's comments were not transcribed. Vice Chair Hardemon: Madam Holmes? Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: Madam Holmes? Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: Madam Holmes, Madam Holmes, Madam Holmes. Ms. Holmes: Come on, man. Vice Chair Hardemon: You know we have to respect our process. Ms. Holmes: Absolutely. And you have to respect life -- Vice Chair Hardemon: No, no, no. Ms. Holmes: -- (UNINTELLIGIBLE). Vice Chair Hardemon: Hear what I'm saying to you, Madam Holmes. Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: Madam Holmes, Madam Holmes, please. Ms. Holmes: (UNINTELLIGIBLE) call me Mother Holmes. Vice Chair Hardemon: I'm asking you. I'm -- Mother Holmes -- Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: -- protect our process. Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: Madam Holmes. Ms. Holmes: That's our children. That's our children. Vice Chair Hardemon: Madam Holmes, everything you said was duly noted. I feel the same frustration that you feel. If you walk out on me, Madam Holmes -- Ms. Holmes: (UNINTELLIGIBLE). Vice Chair Hardemon: You know you can't stop me -- no. Ms. Holmes: (UNINTELLIGIBLE). City of Miami Page 86 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Vice Chair Hardemon: How you stop me in Overtown, but you walk out on me today? I apologize, brothers. So, let's move on. Commissioner Suarez: Mr. Chair, if may? Chair Gort: Okay. I -- Yes. Commissioner Suarez: Just before we break, I just -- I think she encapsulated a lot of the anger that people in our community feel. I think I have to take some exception with some of the things that the Chief said I do believe that crime has gone up in some of the years between 2009. I know our murder rate has gone up from 2009. I think it was either from 2009 or 2010 or 2008/2009. And the fact of the matter is my discussion was about the next Chief And my hope is that the next Chief comes up here and says, "Commissioners, I agree that crime is a major issue in the City of Miami; that we are a major metropolitan area, but these are my innovative ways to start combatting this very, very serious issue, and not sweep it under the rug and not say, you know, "This is the best year since 1966," 'cause we can always find a base year that we can compare something to. You know statistics for me -- the only statistics I care about are the ones that matter. And I think, you know, this is not about blaming people. This is about solving the problem. And I want a Chief that's going to come up here and talk about the solutions. That's what I want, okay? Chair Gort: Okay, thank you. We'll come back at 3. Yes, Mr. Manager. Daniel J. Alfonso (City Manager): Yes. Mr. Chairman and Commissioners, if I may just for a minute. I know that we want to go to lunch, but I would like to say a couple of words. First, I want to thank all of you for the support that you've shown me as the Manager. I almost started thinking I should ask for a pay raise. We could talk about that, if you like. No, but on a serious note, I do realize that the decision of the next Police Chief is probably the most important decision I'll be making in the next six months. We have a lot of labor negotiations, budget issues, whatever, but that is clearly the most important decision that we'll make. I want to say something about the crime. You know, in the 1980s, the City of Miami murders exceeded 200 per year, and I know that we're around 70, 60-something right now, and that's 60-something too many. And I agree that when we have a mass shooting in parts of our community, it is a problem. So it is definitely something that weighs heavily on my mind. Chief Orosa has done a good job on maintaining crime. And in certain areas, crime has gone down, and it has fluctuated I know. If you look at different crimes and -- you're right; you can look at statistics, and some has gone up; some has gone down. Overall, it's down, but certain things are up, so we can quibble about that. What I commit to you is that knowing that this is a very important decision, I will have a process, because I -- you know, I do know my limitations. And while I do know I have certain skills, I do know that I don't know everything. So there will be a process. It will be inclusive. We will advertise. We will review applications. And we'll select the best person for the job to replace the Chief of Police. And just the way it is, is not acceptable to me. No, I don't have the callus. I know. It's not acceptable. We are elevating expectations. Commissioner Suarez: Thank you. Mr. Alfonso: Thank you. Chair Gort: Thank you. Back at 3. DI.2 DISCUSSION ITEM 14-00438 City Commission DISCUSSION REGARDING FLORIDA POWER & LIGHT (FPL) EASEMENTS. City of Miami Page 87 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 14-00438 Cover Page.pdf 14-00438 Back -Up From Law Dept.pdf DISCUSSED Daniel J. Alfonso (City Manager): You have discussion items. There's a DI (discussion items) -- Chair Gort: (UNINTELLIGIBLE) item. I have a pocket item, 'cause I need the information here. Discussion, go ahead. (UNINTELLIGIBLE). Mr. Alfonso: DI.2, which is the FPL (Florida Power Light) easements. Victoria Mendez (City Attorney): We had talked about in past meetings about reaching out to Florida Power & Light to see if they would lessen any of their easement documents or change them with some of the recommendations we had. We reached out to FPL's attorneys in their real estate division, and they're not amenable at this time to changing any of their standard documents. We will try and see if we could change their mind for the future, but for now, they'll remain the status quo. So that was just a briefing on that information, so. Chair Gort: Question. Correct me if I'm wrong. I read somewhere that this had to be approved before 2016. Ms. Mendez: They --what FPL is saying with regard to their easements is that they're standard documents that are approved by the PSC (Public Service Commission), so that's why they really can't change them and that that's their standard easement language. Chair Gort: No. My understanding -- and I don't recall correctly, but I believe that the -- they will not be allowed to commence construction or -- Ms. Mendez: Oh, okay. Chair Gort: -- (UNINTELLIGIBLE), and today I have permission in -- and they cannot get the permission for the power plant, the nuclear power plant till 2016. Ms. Mendez: That's a different issue. What I was reporting on was on easement documents. With regard to the FPL case that I've been handling, that they will not be able to build the transmission lines that run Davis to Miami, which includes South Miami, Coral Gables, Pine Crest, and the City of Miami. They will not be able to build any of those transmission lines down US 1 until the Nuclear Regulatory Commission makes a decision on the power plant, and that's probably going to be in 2016. And so, in the meantime, we're moving forward with an appeal, and I'm trying to get concessions from them, because we have definitely put a monkey wrench in their plans. They were supposed to start building now, and now they can't build based on that concession, so we're working on that. Commissioner Carollo: Mister -- Chair Gort: Yes, sir. Commissioner Carollo: When in 2016? Ms. Mendez: When in 2016? The Nuclear Regulatory Commission just said no earlier than mid-2016 that they were to start reviewing whether the power plant was going to be allowed. Commissioner Carollo: And they need their -- and FPL needs their approval in order --? Ms. Mendez: To build the power plant. City of Miami Page 88 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Right. Ms. Mendez: Yes. And then the power -- until that approval is given, they cannot build the transmission lines. So, in essence, we're also working with the regu -- Nuclear Regulatory Commission, because if they do not get approval for the power plant, they technically will not be able to build their transmission lines on this part of -- that affects the City of Miami. So it's a huge concession that we got based on the trial. But we're still moving forward to try and resolve it outright, because we don't want to leave anything to chance. Chair Gort: Thank you. Ms. Mendez: Thank you. DI.3 DISCUSSION ITEM 14-00647 City Commission STATUS ON THE REMEDIATION OF CONTAMINATED PARKS. 14-00647 Cover Page.pdf 14-00647 Park Status Inventory.pdf DISCUSSED Chair Gort: DI. 3. Daniel J. Alfonso (City Manager): D13, status on the park remediation. Mark Spanioli: Good afternoon again, Commissioners. Mark Spanioli, director of Capital Improvements/Transportation. This item is a discussion related to the environmental remediation at various City parks. I'm not sure if you had any specific questions or you'd like me to go over any park in particular, but I'm happy to do so. Chair Gort: I had a question. When we're going to open our parks? I mean, it's summer and we got kids in the streets. Mr. Spanioli: Well, various parks will be open at various times, Commissioner. At Curtis Park, for an example, as you know, we made some -- we took some action that we could. We opened up the football field, the running track, three of the basketball courts, and I think a portion of the tennis courts, and we're working on our remediation plan for that park. We've already submitted a site assessment report to DERM (Department of Environmental Resource Management). It's under review now, so we're working through that process. Don't want to give you an exact day of when the entire park will be open, but like I said, we have a portion of the park open now at this time. Chair Gort: Any questions? Commissioner Carollo: I do, Mr. Chairman, but we'll be here, I think, a long time. So I'm just going to have the meeting with the Administration and -- outside of the dais and then bring it back. Even some of the estimated clean-up costs, I'm not sure how they're coming up with that amount, so that's just for starters. But again, I won't bore everybody else. I will have this conversation with the Administration. Chair Gort: Let me tell you, one of the things I did within my district is I had the problem with Curtis Park. It's the most used parks within the Allapattah area. I set up a meeting with the County Commissioner for the -- that represents that area, with DERM, and so on. We all sit down together and we come up with some ideas, some -- for mediation. That's why we're able to open up part of the Curtis Park, which is so important for that area. City of Miami Page 89 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: And my suggestions -- Yes. Commissioner Carollo: Yeah, and I have that pending, so that's why -- Chair Gort: Okay. Commissioner Carollo: I also have that pending, so I -- that's why I kind of want to -- Chair Gort: That helps. Commissioner Carollo: -- defer and make sure I have that meeting beforehand, because these estimates and the time frame and so forth, I just -- I'm not too open the way it's being done. Commissioner Sarnoff Well, let me -- Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff Can I speak to the Deputy? Should I be doing anything different than I am doing with regard to Douglas Park? Should I be meeting with my County Commissioners? Should I be attending more than the four DERM sessions I've already attended? Should I be calling the President of the United States? Should I be --? What should I be doing? Alice Bravo (Deputy City Manager/Chief of Infrastructure): At this time it's -- we're following the process on each one of these properties that DERM (UNINTELLIGIBLE) for us. We provide the testing. We submit those reports. Oftentimes, more testing is requested, and we submit that again. And at that point, we propose a remediation plan for the park. And we spend a lot of time going back and forth with DERM to find the most cost-effective solution, given the fact that we have limited resources, and it seems that, at this point, if we are going to reopen these parks in the short term, it's going to have to be through funding available through our City Capital Improvement funds or the Section 108 Loan potentially for Douglas Park. So some of the time frames in developing the remediation plans is from that, trying to find a cost-effective solution. Commissioner Sarnoff So I have some Golden Pine folks out here. Should I be dancing a different dance? Should I be finding a different dance partner? Should I be looking in Palm Beach County? Should I be looking in California? What should I be doing differently? Ms. Bravo: I think we're following the best process that we can. Commissioner Sarnoff And Commissioner Gort got part of his park opened. What could I do to get part of my park opened? Ms. Bravo: Well, the opening of Curtis Park was a result of environmental testing, narrowing down the areas that were a problem; focusing on the areas that could be dealt with through asphalt or some type of barrier to open up those areas of the park, and that was in work for many months before that meeting. We were -- through a similar process, we are able to open up the eastern half of Merry Christmas Park. In the case of Douglas Park, that has a different history than some of these other parks, and the issues there are extensive and located everywhere in the park, so it's on a case -by -case basis. Commissioner Sarnoff So it's not possible to open up any part of Douglas Park? Ms. Bravo: At this time, we had explored the possibility of opening up the tennis courts, for City of Miami Page 90 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 example, and -- but at that point, the Parks Department had moved the tennis program to another facility, and there was an issue of staffing since the staff that was associated with that went to the other facility. Commissioner Sarnoff And I'd ask you to look into even opening up the exercise equipment, putting a fence around the exterior of the exercise equipment. Ms. Bravo: And that's something we're working with DERM on (UNINTELLIGIBLE). Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Just as a friendly suggestion to my District 2 Commissioner, I would suggest the basketball courts, which are greatly used in Douglas Park and it's cemented. And I'm only saying that because before you came to Miami from New York, I used to play in that park and play basketball. And if you go there at any given time, you're going to see the basketball courts are filled and, realistically, that's all cement. So you were thinking contamination is way underground, and I think that part should be open. And again, I'm not speaking from an expert, 'cause we have our own issues with parks. And like I said before, I could be here an -- easily a couple of hours explaining a lot of this, but again, as a -- just as a suggestion to a colleague. Commissioner Sarnoff So as the suggestion dictates or militates, have we considered opening up the basketball court? Ms. Bravo: That's something that's been evaluated with the Parks Department. Commissioner Sarnoff Sorry? Ms. Bravo: We have evaluated that with the Parks Department. Commissioner Sarnoff And what's the evaluation say? Ms. Bravo: The issue is regarding personnel for the parks. Commissioner Sarnoff So we're not opening up the basketball park because of personnel? This is the first time I'm hearing this. Ms. Bravo: Okay. Commissioner Sarnoff I was told it was impractical to allow people onto that park at all, and I know the distinction. The difference is that was a Miami -- well, let me not say that was a Miami. That apparently was an ash -filled quarry, so to speak. But the first time I'm hearing right now that there's a personnel issue that we can't open up the basketball courts is right now. Commissioner Carollo: Mr. Chairman. Mr. Spanioli: Commissioner, I think part of the issue there at Douglas is that if you look at the courts -- and I know they are concrete, but we have had settlement below the courts. In fact, throughout. The solid waste that was -- that's been found throughout the park has been so substantial at that park that there's a lot of issues there. Even the community building has started to settle. Commissioner Sarnoff No, no, I know that. City of Miami Page 91 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Mr. Spanioli: So we had -- courts themselves aren't in the best shape, and we know that we're going to have to get underneath them. It wasn't some of the ones like at -- at the basketball courts at Curtis. We're not going to do anything about that concrete. Commissioner Sarnoff So let me add -- Mr. Spanioli: Those we're going to end up having to figure out and redo ultimately and maybe that we need to look at a very interim thing where we can do that, but right now we know that those courts are not going to be able to remain as is. It's part of the remediation (UNINTELLIGIBLE) -- Commissioner Sarnoff So -- Commissioner Carollo: (UNINTELLIGIBLE) concrete. Mr. Spanioli: -- (UNINTELLIGIBLE) and they're not settling, so. Commissioner Sarnoff When we put the money into Douglas Park probably about two years ago, we were also injecting the voids under the -- I know the tennis court and I thought the basketball court, correct? We were injecting -- Mr. Spanioli: Prior (UNINTELLIGIBLE) project? Chair Gort: Yeah. Commissioner Sarnoff Yes. Okay, then how did the cat issue come up? Remember the famous cat issue? Does anybody --? Am I the only one here that remembers this? We had a bunch of cat -- Lara. Lara De Souza (Deputy Director, Parks & Recreation): At that time it was the tennis courts that we were injecting -- Chair Gort: Excuse me. Ms. De Souza: Sorry. Lara De Souza. Chair Gort: Speak into the mike, please, Lara. Thank you. Ms. De Souza: Lara De Souza, Parks and Recreation. At that time it was the tennis courts that we were injecting the concrete underneath. Commissioner Sarnoff Right. Ms. De Souza: Yes. Commissioner Sarnoff And so they're stable now or not stable? Mr. Spanioli: We don't believe they're stable. We've seen additional voids there in our testing, and we know we're going to have to pick them up. That was an interim measure, I think -- Commissioner Sarnoff That's all right. Mr. Spanioli: -- niaybe at that time. City of Miami Page 92 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Sarnoff So there are people behind me that want to hear this. So I now need to walk away from a public hearing knowing the tennis courts and the basketball courts are not safe to be on? Stanley Motley (Director, Parks & Recreation): And the restrooms are not serviceable. We have no restrooms at the park at this time. They're being renovated. Commissioner Sarnoff They're renovating restrooms in a park that is completely contaminated right now? Mr. Motley: We hope that someday it won't be contaminated and we can go ahead using it. That's -- Commissioner Sarnoff I mean, just for the heck of it. I know where the community center is. Where are the restrooms? Ms. De Souza: The bathrooms are right adja -- are -- Commissioner Sarnoff Are a part of the community center. Ms. De Souza: You have to put the -- right. No, they're not in the community center. They're a separate building behind the community center. Commissioner Sarnoff And so that the other Commissioners know, the community center is sinking and there's no point trying to save that community center. We're going to build a new community center. Ms. De Souza: Correct. Commissioner Sarnoff So this new -- I got to tell you, I thought the new building included new bathrooms. Ms. De Souza: That will be the plan. That -- and that is -- Commissioner Sarnoff So -- whoa, whoa -- so if that is the plan, then why would you renovate what you anticipate taking down? Ms. De Souza: Well now Mark is -- go ahead. Mr. Spanioli: Commissioners, I -- and I don't mean to put words in Stan's mouth. I think he's relatively new and he doesn't know all the details. (UNINTELLIGIBLE) -- Commissioner Sarnoff I'm okay with that. I (UNINTELLIGIBLE). Mr. Spanioli: We're not renovating the bathrooms. Commissioner Sarnoff Stanley knows where the bathroom key is. That's all Stanley needs to know right now. Mr. Spanioli: We're not renovating the bathrooms. We're looking forward to doing -- Commissioner Sarnoff We're not renovating the bathrooms. Mr. Spanioli: -- forward to the new project -- City of Miami Page 93 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Sarnoff Okay. Mr. Spanioli: -- of replacing the community building with new bathrooms. Commissioner Sarnoff Okay, 'cause I don't like learning things up here that I think I'm pretty well up to speed on, so I'm okay with that, and I'm okay with you telling me that the tennis courts and the basketball courts may not be structurally sound, because we kind of knew that. We've known that for about six months. And if there is a study or there is some expert in the City of Miami that's saying it's not structurally sound, I don't want to open them up either. So just to get my head around this whole thing, pretty much, this entire, other than the parking lot -- maybe we are talking about the parking lot -- everything is going to -- no? Mr. Spanioli: Even the parking lot has had some severe settlement. It's been there for some time. It has the exact same issues as the rest of the park. Commissioner Sarnoff So from drip line to drip line, street to street, this whole thing is going to get dug up? Mr. Spanioli: Pretty much for the most part, yes. Commissioner Sarnoff Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I just want to ver. So as far as the basketball courts, it's not a personnel issue? Because as soon as I heard that, it actually -- it made me want to step in and start discussing, even though I'm waiting for an appropriate time to discuss, because out of a proposed $35 million budget, I want to see, okay, if now we are closing a park, where is the funding for those personnel going to? And you're discussing a district that has the least amount of parks and, therefore, has the least amount of that funding going towards his district. So I want some accurate information. The reason why the basketball courts are not open is not because of personnel. Ms. De Souza: Okay. Commissioner Carollo: Or is it? Ms. De Souza: When talking about Douglas and the potential to reopen the courts, what we were looking at is since we know we have some contamination concerns there, you obviously are going to want staffing to supervise the use. At the time that we were discussing -- and I was unaware that the bathrooms did not proceed -- we were concerned that the staff would not have access to bathrooms, so how can you place staff at a location that they don't have the basic necessities and also, the users not have access to basic necessities, so -- Commissioner Carollo: Where did the staff from Douglas Park go to? Ms. De Souza: Well, when we closed Douglas Park down, we transferred -- or we offered the opportunity for the parents to go to Coral Gate and to other neighboring parks, so the staff were assigned to the parks that took on the increase in enrollment. Commissioner Carollo: What about Southside Park, where did that staff go to? Ms. De Souza: They went to Jose Marti. City of Miami Page 94 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Carollo: Okay, that's all I have for right now. Commissioner Sarnoff So -- just so that the Golden Pine folks know to come at the next Commission meeting, Deputy, the 103 Loan will come up at the next Commission meeting? Ms. Bravo: At the July 24 meeting, there will be a discussion item about the Section 108 Loan that would encompass remediation of Douglas Park and the replacement of the community center building. Commissioner Sarnoff Okay. So -- Commissioner Carollo: What about the other parks? Ms. Bravo: The other parks are going to be addressed through the City's Capital Improvement Program that'll be adopted in September, along with the City budget, but the magnitude of the Douglas Park project requires a different funding source. Commissioner Carollo: Okay, so I guess we are going to get a little bit more into that conversation. For Southside Park, which clearly says it's closed right now, you have $650,000 allocated. When I asked what that money was for, it was for artificial field, an artificial turf. Ms. Bravo: Correct. And -- Commissioner Carollo: Does that mean that every park that's going to be contaminated is going to have an artificial turf? Ms. Bravo: Well, artificial turf is one solution. Commissioner Carollo: One solution, but not the only solution. Ms. Bravo: Correct. Commissioner Carollo: And if you ask the County, they're going to tell you that they're not a fan of artificial turf. Ms. Bravo: DERM has not expressed any deference to one solution or the other. They just want an engineering control that prevents contact with the contaminated soil. Commissioner Carollo: Okay. So in all fairness, Commissioner Sarnoff, I would tell you just brief into the capital project, I think you did very, very well, so I don't know who have you to thank. I could imagine who you have to thank, but the bottom line is that here, Southside Park, which has been closed for quite some time now, I haven't seen any plan for the opening of it. And that capital plan that Ms. Bravo just stated that the other parks will be addressed with that, it will not be addressed. All they said was, when I asked, that it was going to be for an artificial field. And I wondered, gee, a park that is closed and they're allocating $650, 000 for an artificial turf by the way, with no comments or no conversation whatsoever from the District 3 Commissioner or from my office. So I think it's going to be a healthy discussion, because I think if we are considering a Section 108 Loan, I think we should address all the parks. Ms. Bravo: And -- Commissioner Carollo: And -- Ms. Bravo: -- that's -- City of Miami Page 95 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Carollo: -- that's not -- Ms. Bravo: -- also an option. Commissioner Carollo: That's not -- yeah, but that's not what you said, so. Ms. Bravo: But the Section 108 process is -- Chair Gort: Excuse me. Ms. Bravo: -- lengthier. Chair Gort: Excuse me. Let him finish. Commissioner Carollo: So that's not what you said, so I want to make sure that, you know, if we're going to treat this as one whole city, we do treat it as one whole city. And if we're going to address the potential use in a Section 108 Loan for Douglas Park, I think it should be for the other parks also. Ms. Bravo: And if I may -- Chair Gort: Yes, go ahead. Ms. Bravo: -- clam what I said in advance. The magnitude of the funding needed for Douglas Park is substantial, compared to what's needed at the other parks. The Section 108 process is lengthier, and perhaps, Mr. Mensah could talk about the time frames for that. By incorporating projects that introduce artificial turf at the other parks, we can get them opened sooner. But if the preference is to go through the Section 108 process, then we can pursue that for other parks as well. Commissioner Carollo: Well, the problem is that we haven't had the different options. Mr. Alfonso: Well, Commissioner, we haven't had the budget discussion either. I think we have two months from the time it was proposed to the time we get to -- Commissioner Carollo: Oh, I know. Mr. Alfonso: -- discuss. Commissioner Carollo: You and I had that conversation. And like I said, I was going to hold off, but -- You know, it's that we're talking about this, then all of a sudden, it's said that in the next Commission meeting, we're going to have the Section 108 Loan conversation, then I thought it's time that we start discussing the budget, since it was mentioned by Ms. Bravo that Southside Park would be addressed in that capital budget and, in all fairness, it's not. Because right here you said that your estimated -- that's why I'm not even sure how you're getting these estimates -- but the estimated cost for a cleanup will be approximately a million dollars, and you only estimate 650,000 for artificial turf. Therefore, without being a CPA (Certified Public Accountant), you could tell that the math is off, and we're going to be in a discrepancy. Ms. Bravo: Well, ifI may, at this time, for Southside, last week the second assessment report was submitted to DERM with the additional sampling that they requested, and as a result of that -- based on whatever comments we get on that report, then we'll submit a remediation plan for the park, and again, that involves a negotiation back and forth with DERM. So what you're seeing there are merely conceptual estimates to start earmarking some funds in the capital plan. City of Miami Page 96 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Carollo: So how do you cone up with a million dollars? And that's where I questioned the estimates from the very beginning. How are you coming up with this one million dollars? Mr. Spanioli: Commissioner, all of these estimates are exactly what they are, estimates. We have to make the best guesses we can until we have the site assessment reports done, all the soil sampling done. Some of these estimates, like the one for Southside, was done before we had completed all of our soil testing, so in a lot of cases, we had to make educated guesses. I'll be frank with you -- and that goes for all of them -- until we had a site assessment report and a corrective action plan completed where we can determine exactly what kind of activities we were going to be doing there, we had no way of coming up with a perfect estimate. So everything takes time and it -- you know, it does take some methodology, and we have to -- in essence, we really have to wait for the corrective action plan, which is actually our construction plans, to come up with a final estimate. A lot of these numbers are still very preliminary in nature. Regarding your comments related to how much money in capital is appropriated or plan to be appropriated for Southside, that was a preliminary spreadsheet that I think you're looking at. We Commissioner Carollo: No, no. The capital plan is out. The capital plan is out, and that's in the capital plan. So the capital plan is out; it's not preliminary. Mr. Spanioli: I believe the number you mentioned is lower than the number we have proposed (UNINTELLIGIBLE) -- Commissioner Carollo: It was proposed (UNINTELLIGIBLE) we're going to vote on it, but it's not a preliminary number. The capital plan is out. This is what the Administration and the Mayor suggest that we should spend. Mr. Spanioli: Okay. Mr. Alfonso: Commissioner, when we met with you, it was prior to the book coming out. And as you recall, I explained to you that there would possibly be changes, and I'm being told by the Budget director confirming that that number changed to $1.5 million. If you look at the capital book that was delivered to your office, it should have the 1.5 million dollar number. Christopher Rose (Director, Office of Management & Budget): Yes. Commissioner Carollo: Okay. Well, that message was not related to my office. At the same time, I think we met possibly Thursday or Friday of last week, so I mean, there hasn't been a large amount of time. And, yes, I haven't run through the 8, 900 pages, whatever pages it is of all the books, but I can assure you the time will come, the time will come, and we will have a healthy discussion, a healthy debate on it. Mr. Alfonso: We look forward to it, sir. Chair Gort: Any further questions? Thank you. Mr. Alfonso: Okay. Mr. Spanioli: Thank you. DI.4 DISCUSSION ITEM 14-00534 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED STRATEGIC City of Miami Page 97 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 PLAN FOR FY 2015 - FY 2017. 14-00534 Summary Form.pdf 14-00534 Strategic Plan Presentation.pdf DISCUSSED Chair Gort: Mr. Chairman -- I mean -- Daniel J. Alfonso (City Manager): Yes, we have one last discussion item. We have been working on a City of Miami strategic plan, and we've met with department directors, community members; we've come to you, Commissioners, individually, and met with you. And we wanted Jelani Newton, who's been heading up that task, to make a presentation on where we are with the City's strategic plan. Jelani Newton (Office of Management & Budget): Good afternoon, Commissioners. Jelani Newton, Strategic Planning and Performance Manager. The purpose of this discussion item, as the Manager has said, is to provide an update on the status of our strategic planning initiative. I have a quick presentation I'm going to make. I'll pull it up right now. All right, we started this initiative in July of last year, about a year ago, and at that point, our goal was to have a citywide strategic plan approved as of this coming October with the final adopted budget. Right now we're doing well on that timeline. We're pretty much right on track. At this point, what we'd like to do is share with you the draft of our strategic plan and get from you any feedback that you might have on the priorities that have been identified. We'd also like to give a quick overview of the process that we've undertaken in this initiative. When we started working on this about a year ago, we kept three high-level goals in mind. One was to first develop this document. We wanted to have a document that identified and articulated the strategic goals for the City for the next three years, especially as we're seeing the City's financial situations start to turn around; we wanted -- we felt that now was an important time to have a roadmap in place so that our resource allocation and other decisions are made within the framework of the priorities that we set today. The second major objective was performance management. We're hoping that this plan can serve as really a tool to help promote performance management organization -wide. Also associated with the plan, we want to make sure that as we set the goals, we're setting targets, and we're measuring our progress toward reaching those targets as the plan is executed. Finally, we've kept a pretty strong focus on public engagement. We want to make sure that there's ongoing communication with our stakeholders and with the members of the community. We also want to make sure that -- well, that that communication is going in two ways. We're getting input from the community to guide our prioritization and strategy development, and we're also using the plan as a tool to communicate back to the public what it is that we plan to do and how we plan to do it. The initiative has been really headed up by the Office of the City Manager and the Office of Management & Budget, but it is involved participation across the entire organization and really across the community. We -- starting in March of this year, we hosted a number of strategy development sessions around six broad strategy areas. Those included public safety, clean and beautiful neighborhoods, education and economic access, growth and development, culture and recreation, and efficient and effective government. Each team was comprised of -- or each team consisted of interdepartmental participants. So, for public safety, we had folks from our Police Department, our Fire Department, and our Emergency Management Center. Our clean and beautiful neighborhoods team included folks from Solid Waste, Public Works, CIP (Capital Improvements Program), Parks and Recreation, et cetera. In these sessions, all of the internal stakeholders sat together and brainstormed on what the highest priority should be going forward for the next three years, and their input was really the substance that creates the strategic plan you have in front of you. The full plan is included in the agenda packet. What we want to do today is just give a quick overview of some of the highest priorities in each area. In addition to the strategy development sessions we had with our internal teams, we invited external stakeholders to also participate in this process and give us their input. We had representatives from over 35 organizations representing the public sector, the private sector, academia, arts and cultural institutions, not -for -profits, et cetera. And the input that we got from them was very helpful in making sure that the goals that we put together City of Miami Page 98 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 also reflects what the community wants to see coming from the City. Finally, we implemented in February a citizens' survey. We contracted with the National Research Center to send a mail survey to a random sample of Miami households. The survey asked respondents to rate the quality of life in the City of Miami and various aspects of quality of life and also to ident the issues that they consider to be most important. This information again was very important both in setting our priorities, and also we're going to continue to survey to make sure that we're achieving improvements as we go forward. The responses to the surveys suggested that public safety and the economy were the most important issues among respondents. As such, we put those as the highlights for the strategic plan. In the area of public safety, what you see here represents the highest priority goals that were identified by our strategy team: providing first-class public safety service, fostering a sense of safety in the communities, and achieving lower per capita crime rates rose to the top. The bullets on this slide show a sample of the strategies, but in the full plan, you'll see a list of strategies that goes with each goal. You'll also see a list of performance measures in the area of first-class service; we have our accreditation standards and our ISO (Insurance Service Office) ratings in the Fire Department as the metric there. Of course, we have crime rates, and the responses to the citizens' survey give us a sense of how the community feels about safety in Miami. Going to the clean and beautiful neighborhoods, the highest priority objectives included promoting livable and sustainable communities, maintaining public spaces to a high standard, invigorating economically challenged neighborhoods within the City, really focusing on issues of abandoned houses and blight, and increasing awareness of and compliance with City codes. Again, we have in the full plan all the measures that support these goals. In growth and development, transportation was a very big issue both from the stakeholder focus groups and from the responses to the survey. Transportation and mobility rose to the top; developing a strong and diversified local economy also was a very high priority, and improving the City's infrastructure made the top three. Some of the strategies, as you can see here, included developing a transportation and parking master planning, looking for alternative financing sources for infrastructure improvements, and promoting local hiring in the City. The area of education and economic access really drew heavily on the support that we got from our outside stakeholders. In this group, we had the United Way come in, the Miami -Dade Public Schools, Miami -Dade Community College, and they give us a lot of insight as to what they'd like to see the City doing and how they can see us partnering with them to achieve some common goals that we share. The goals that rose to the top included supporting local workforce development, increasing homeownership and access to affordable housing, and supporting residents in achieving educational success. Again, a lot of those strategies focused on partnerships with these different entities to achieve the outcomes we're looking for. In culture and recreation, we talked a lot about developing and maintaining arts and cultural assets to a high standard, increasing access to cultural and recreational events, as well as awareness about these events, and leveraging outside funding to enhance service delivery. And finally, as it pertains to government effectiveness and efficiency, we talked about customer service, we talked about improving operational efficiency, fostering a positive work environment for City employees, ensuring financial sustainability, and improving our credit rating, and improving community access to City services. If there's any questions about the process or about the priorities that are listed here, I'd be happy to answer them. If there's any feedback, we'd be happy to have that, too. Again, what we're trying to do is put together this plan and have it approved in October with the final budget, so we'd be happy to take any input that you have any time between now and then so that when we bring the final plan to the Commission, we know that it reflects the will of our elected body. Chair Gort: Thank you. Any questions? Mr. Newton: Thank you very much. Chair Gort: Let me tell you, one of the things I think we need to do is -- There's a lot of programs throughout the Miami -Dade County with the State, with the County, with the school system, with the colleges, universities. Somehow all this has got to come together and work as a City of Miami Page 99 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 team, because whatever we do in the City is for the benefit of the whole County, Miami -Dade. And the teamwork is something that needs to be put together, because a lot of the programs that you have here, you need from outside sources to work with us. We need the County, the State, and that's very important. Mr. Newton: Absolutely. We're hoping again to have continued engagement with these stakeholders as we move into the execution phase of this plan, as well. Chair Gort: The education is a very important part. That's -- Mr. Alfonso: We agree, Mr. Chairman. And that's why we invited folks from our Miami -Dade College and other institutions that are influential. Obviously, we can -- we in the City of Miami are not going to be the educators, but we can partner and we can assist and we can bring people together to help the education process. Chair Gort: And we're not in the social work -- I mean, in social service business, but still, we help with social services -- Mr. Alfonso: Exactly, exactly. Chair Gort: -- and this has got to be brought together. Okay. Mr. Newton: Thank you. Chair Gort: Thank you. Do I have --? Todd B. Hannon (City Clerk): Chair, you can just simply adjourn. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 14-00054zc 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 "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-36A-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1435 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00054zc Fact Sheet.pdf 14-00054zcAnalysis & Maps.pdf 14-00054zc Application & Supporting Docs.pdf 14-00054zc Legislation (v.2).pdf 14-00054zc ExhibitA.pdf LOCATION: Approximately 1410, 1420, 1424, and 1432 NE Miami Place; 1415, 1421, 1425, 1433, and 1435 NE Miami Court; and 47, 55, and 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] City of Miami Page 100 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 APPLICANT(S): Iris Escarra, Esquire, on behalf of 14th Plaza Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions, which failed, constituting a denial to City Commission on March 5, 2014 by a vote of 3-5. PURPOSE: This will change the above properties from "T6-24-0" to "T6-36A-O". Item does not include a covenant. Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item PZ.1 was deferred to the September 29, 2014 Planning and Zoning Commission Meeting. Daniel J. Alfonso (City Manager): And then -- so now we would move to continue the PZ item -- PZ.1 to the September 29 Commission meeting. Commissioner Carollo: So moved. Chair Gort: There's a motion. It's been moved. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Been moved and second. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Gort: Thank you END OF PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF City of Miami Page 101 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 D4.1 14-00277 NA.1 14-00684 END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING SELECTION OF NEXT POLICE CHIEF. 14-00277 E-mail - Discussion Item.pdf DISCUSSED Note for the Record: Please refer to item 131.1 for minutes referencing this item. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 DISCUSSION ITEM FIRE CHIEF KEMP PRESENTED A BRIEF SYNOPSIS OF THE RESPONSE TO THE INCIDENT THAT OCCURED ON JULY 4TH, 2014, ATRAGIC BOATING ACCIDENT THAT CLAIMED THE LIVES OF FOUR (4) INDIVIDUALS FROM OUR COMMUNITY AND INJURED MANY OTHERS; FURTHERMORE OFFERING PRAYERS TO THOSE FIGHTING TO RECOVER AND EXPRESSED HEARTFELT CONDOLENCES TO THE FAMILIES OF THOSE THAT LOST THEIR LIVES. DISCUSSED Chair Gort: Okay, we have a presentation. Let's have the Chief first. Let me have the Chief first. Brian May: Okay, no sweat. Chair Gort: The Chief asked me. Maybe you would like to hear a report on the incident that took place the other day. Maurice Kemp (Chief of Fire, Fire -Rescue Administration): Good morning. City of Miami Page 102 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: Morning. Chief Kemp: Maurice Kemp, Fire Chief. I would like to thank the Mayor, the Chairman, the City Commission and the Manager for allowing me a few minutes to give you a brief synopsis of our response to the incident that occurred on July 4, 2014. On Friday, July 4, 2014, just before 11 p.m., a tragic boating accident took place in the waters near Dinner Key Marina. This accident claimed the lives of four individuals from our community and injured many others. We would like to offer our prayers to those fighting to recover and express our heartfelt condolences to the families of those that lost their lives. It's never easy to lose a loved one, but an unexpected tragic accident only makes it more difficult. It's not easy for me to convey the danger and challenges of navigating Biscayne Bay at night on one of the busiest boating nights of the year. Imagine for a moment being a recreational boater in the water in pitch black of night with hundreds of boats attempting to navigate through scores of anchored vessels, and others traveling at various rates of speeds; obviously with no clear delineation of direction as we have on our roadways. Then all of a sudden, we have impact, and we have victims in the water. I would like to give you a brief glimpse into that fateful night. This audio has been edited for time purposes. Note for the Record: At this time an audio -video presentation was made. Chief Kemp: This catastrophic event brought together an incredible emergency response. We had emergency response personnel, hospital personnel, and normal everyday citizens from the marine community. The City of Miami Fireboat 1, with four paramedic firefighters with advanced life support equipment was actively patrolling the area and arrived on the scene within seven minutes of being notified. Upon arrival -- upon our arrival -- units from the Coastguard, Sea Tow, Atlantis Towing, amongst others were already on the scene providing aid and searching for victims. Shortly thereafter, City of Miami Fireboat 2 responded with eight additional paramedics equipped with advanced life support equipment, placing two fireboats on the scene with a total of 12 paramedic firefighters. In total, approximately 70 land, water and airborne assets responded to this incident with over 100 emergency responding personnel rendering assistance; 19 of these units and approximately 54 personnel were committed by the City of Miami Department ofFire-Rescue. This does not include the invaluable assistance rendered from our civilian maritime community and medical professionals on the scene. The Department of Fire -Rescue with the assistance of multiple agencies facilitated the treatment and transport of nine patients to Ryder Trauma Center, Kendall Regional and Mercy Hospital. Police officers, off -duty nurses and others performed CPR (cardio-pulmonary resuscitation), controlled bleeding and administered first aid. I would like to acknowledge and thank the following: Florida Fish & Wildlife Conservation Commission; the City of Coral Gables; the Village of Key Biscayne; Miami -Dade County; United States Coastguard; Atlantis Towing; Sea Tow; Towboat USA and all the other agencies that rendered assistance, as well as all of the civilian watercraft operators who assisted in the search and rescue efforts under extremely difficult conditions. I wanted to take this opportunity to publicly thank all of these people for their dedication and their service. The response to an event of this magnitude and its chaotic nature exemplifies the professionalism, the dedication and teamwork displayed by all of those responding to this tragic event. The City of Miami Department of Fire -Rescue has a marine services unit which consists of Fireboat 1, Fireboat 2, and the dive team, for a total of 18 on -duly personnel. We keep these resources at the ready to respond to those in need. The City of Miami Department of Fire -Rescue and our partner agencies are committed to respond when called upon, but I would like to remind the community that prevention and education is where we save the most lives. Thank you. Chair Gort: Thank you, Chief. Let me ask you a question. My understanding is the Homeland Security, you all work as a team; you put a plan together in case of a -- do we have that type of team for places like -- I know we do it on the Columbus Day Regatta. I understand we all get together and come up with a plan on how to patrol the whole bay. Do -- now we can see that the 4th of July fire -- I mean I was out there and I could see how many boats were out there, and then City of Miami Page 103 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 as soon as the fireworks was over, "toom." Everybody took off, so. Chief Kemp: Yeah, we all operate nationally, interstate and locally under the incident command system. It's a unified command system. We all practice the system and when an incident rolls in scale, this system is used, and it was utilized this night. Chair Gort: Okay. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Suarez: I'd just like to say very quickly that we want to thank you and your department, because not only did that incident occur, but within minutes of that incident, there was a major incident in -- on 32ndAvenue and Coral Way where there was, I believe, one or two fatalities in a car accident within minutes of that incident, and you had -- your department had to respond to both of those very chaotic situations in a very short period of time. So we want to thank you and your department for your professionalism in handling those things. Chief Kemp: Thank you, sir. Chair Gort: So especially that -- you stated you were there within seven minutes which is -- whenever you're out there in the sea, dark, it's very difficult to locate when you cannot give a street address, and it's very dcult, so. Chief Kemp: Yeah. Our boat was responding, was patrolling the area. In fact, they were where the biggest congregation of boats were, which is at the fireworks display, and they were headed south when they got the call, so they were fortunately in the area when they got the call. Chair Gort: Thank you very much; appreciate it. Chief Kemp: Thank you. NA.2 DISCUSSION ITEM 14-00685 CITY ATTORNEY MENDEZ MADE A BRIEF STATEMENT AS REQUIRED BY FLORIDA STATUTES THAT AN ANNOUNCEMENT BE MADE AT A COMMISSION MEETING PRECEDING THE MEETING WHERE THE COMMISSION WILL OR MAY CONSIDER THE DESIGNATION OF BROWNFIELDS; AND AT THE JULY 24, 2014 COMMISSION MEETING, THE COMMISSION WILL CONSIDER A RESOLUTION DESIGNATING BLANCHE PARK, DOUGLAS PARK, BILLY ROLLE PARK, REGATTA PARK, MERRIE CHRISTMAS PARK, AND SOUTHSIDE PARK AS BROWNFIELD SITES WITHIN THE CITY OF MIAMI, FLORIDA. DISCUSSED Victoria Mendez (City Attorney): Chairman. Chair Gort: Yes. Ms. Mendez: Could I make a brief statement on something unrelated, just so that it -- it needs to be done, per Florida Statute. Florida Statute 376.81(c)(4)(b) requires that an announcement be made at a Commission meeting preceding the meeting where the Commission may or will consider the designation of brownfields. At the July 24, 2014 City Commission meeting, the City of Miami Page 104 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 NA.3 14-00677 City Manager's Office Commission will consider, may consider a resolution designating the properties located at 3045 Shipping Avenue, 2795 Southwest 37th Avenue, 3400 Grand Avenue, 3349 Pan American Drive, 4340 -- 4355 Southwest 42ndAvenue, and 140-142 Southwest llth Street as possible brownfield sites within the City of Miami for the purpose of environmental rehabilitation and pursuant to Florida Statute 376.80. So obviously, that'll be a discussion that we'll have and everything, but I just need to provide this notice just in case we decide to do something now. Chair Gort: Thank you. Could have taken any time today, right? Ms. Mendez: This? Chair Gort: Had to be before lunch. Ms. Mendez: Well, I just wanted to make sure when it -- you know, everybody was in active session. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE PLANNING AND ZONING CITY COMMISSION MEETING SCHEDULED FOR SEPTEMBER 25, 2014, TO SEPTEMBER 29, 2014. Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0271 A motion was made by Vice Chair Hardemon, seconded by Commissioner Carollo and was passed unanimously, with Commissioner Suarez absent, to set the dates of the First Budget Hearing for September 9, 2014 and the Second Budget Hearing for September 23, 2014, commencing at 5: 05 p.m. Daniel J. Alfonso (City Manager): Commissioner, before we go on to DL4, can we go ahead and take care of the PZ.1 that had to be continued to September -- Commissioner Sarnoff So moved. Mr. Alfonso: -- 12? Barnaby Min (Deputy City Attorney): Commissioner, I would suggest, before you move PZ.1, the Manager wanted to reschedule the City Commission meeting in September, the second meeting. Chair Gort: We got a couple of pocket items. Mr. Alfonso: Yeah, we got a couple -- we've got a couple of items. Chair Gort: Let's get this done. Mr. Min: It needs to be rescheduled. Mr. Alfonso: Oh. He's making a point that we have to reschedule the meeting before we move the -- City of Miami Page 105 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: I got it. I got it. Okay. Mr. Alfonso: Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: I just saw the pocket item today with regards to moving the Commission meeting, and it appears like we're going to move it from a Thursday to a Tuesday. I would anticipate that that movement is because we're going to have the second budget hearing on that Tuesday, correct? It's going from the 25th to the 23rd of September? Mr. Alfonso: Well, we're moving the date because of the importance of the 25th as a Jewish holiday. Commissioner Carollo: Okay. Mr. Alfonso: So we're moving it to the Tuesday. Obviously, we're not going to have the budget meeting on the Thursday. So when we set the millage next Commission meeting is the date when we'll set the dates for the budget hearings. I'm assuming that we'll set the same date of that meeting for the budget discussion. Commissioner Carollo: Okay. So right here -- I'm looking at my calendar -- the second meeting of September, second Commission meeting is scheduled for the 25th of September, and you're saying that's a Jewish holiday? Mr. Alfonso: Yes. Chair Gort: Yom Kippur. Mr. Alfonso: Rosh Hashanah, I think. Chair Gort: Rosh Hashanah. Commissioner Carollo: And so you want to move it to the 23rd, which is a Tuesday. The only thing is that I -- I'm -- what I'm trying to avoid is that -- and we've done this in the past -- that we have -- the same day that we have a budget -- the second budget hearing at 5 p.m., earlier that day we have the whole Commission meeting, which doesn't give you too much time to prep regarding the budget, so it makes it a little bit harder because we're spending the whole day dealing with Commission meeting items. So I would prefer that, especially during the second budget hearing, it's not the same day as Commission meeting. Mr. Alfonso: Commissioners, if it's the will of the Commission to set the budget hearing date on a different date, that's -- I have no problem with that. I think we were going to address that when we do the millage item next Commission meeting. Commissioner Carollo: And do we -- if memory serves me right, do we yield to the County's budget hearing? Mr. Alfonso: No. We just -- we cannot have it on the same day as the County or the School Board. But the County is having their second budget hearing on the week of the 16th, so it's the week before. City of Miami Page 106 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: And the School Board? Mr. Alfonso: And the School Board finishes in the first week of September, so it's not a conflict there. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Is there anything stopping us, Mr. Manager, from having to decide the days for the budget meetings today? Mr. Alfonso: We can do it today, Commissioners. I don't have a problem. Todd B. Hannon (City Clerk): Excuse me, Chair and Mr. Manager. You can certainly state on the record what you would like to -- what your preference is for this first and second budget hearing, and then that will be incorporated into the proposed millage rate resolution that will be on the agenda for July 24. Mr. Alfonso: You lost me. Commissioner Carollo: I was under the impression that on the 23rd is when we were going to have the budget hearing, the second budget hearing. Remember, there's two. Chair Gort: Right. Mr. Alfonso: Right. Commissioner Carollo: And I just prefer to have it on a separate day, because the budget hearing usually starts at 5 p.m., memory serves me right? Mr. Alfonso: That's correct, starts at 5 p.m. And you have the outside groups usually present theirs first, so you'll have the DDA (Downtown Development Authority), the MPA (Miami Parking Authority), the Liberty City Trust, Virginia Be Keach -- Virginia Beach -- Commissioner Carollo: Understood. Mr. Alfonso: Yeah, et cetera, et cetera. Commissioner Carollo: Understood And if we have the Commission meeting on that same day, I mean, it doesn't give you much time to do any last-minute calculations during the -- for the budget, not to mention it's going to be a long day, a long night, so that's why I'm trying to prevent -- to have the Commission meeting on the same day as the budget hearing. Mr. Alfonso: Okay. Chair Gort: Well, let me ask a question. Budget hearings have to be after 5 p.m. Am I correct? Mr. Alfonso: They have to be after 5 p.m. Vice Chair Hardemon: So I'd like to say for myself, and as far as the way I have a preference, the second budget hearing, which is the week of the 22nd, where we were talking about having it on the 23rd, I have no objection to having it on the 23rd. I think that would be most beneficial regarding my schedule, and I hope other Commissioners will see it that way. If you do a Commission meeting on the -- on that Monday or that Tuesday or we flip-flop, however you want City of Miami Page 107 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 to do it, it doesn't matter to me. However, on the week of the first budget hearing, which is the week of the 8th, currently, the budget meeting is scheduled for that Thursday, the 11 th. What I would like to see is if we have the budget hearing on, say, a Tuesday, the 23rd, to move that first budget hearing -- Commissioner Carollo: To the 9th. Vice Chair Hardemon: -- to the 9th, exactly. Commissioner Carollo: Exactly. Vice Chair Hardemon: To give us some equal spacing in there. Commissioner Carollo: I have no problem with that. I honestly thought that it would probably be on the 9th and on the 23rd. The only thing is, then, the Commission meeting on the 25th, can we have it on the 24th, which is a Wednesday, as opposed to the Tuesday? Mr. Hannon: Sorry, Chair, Commissioners. If I'm not mis -- Chair Gort: (UNINTELLIGIBLE). My understanding is we're being told by the Clerk that we can adjust those date next Commission meeting. Mr. Hannon: Correct. I just think -- Rosh Hashanah starts at sundown on the 24th, if I'm not mistaken. Commissioner Sarnoff It does. Vice Chair Hardemon: 'Cause I would love -- what I would love to see today is us setting a budget hearing schedule today and not waiting two weeks. And so in the same fashion that Commissioner Carollo presented, the 9th and the 23rd, at least we'd schedule those days as the budget hearing days. Chair Gort: I got to check my schedule. I don't have it here. Commissioner Carollo: Commissioner Hardemon, obviously, it's the will of this Commission. I like the 9th and the 23rd for the two budget hearings. The issue becomes then Commission meeting on the 25th. Chair Gort: Mike, mike. You need to speak in the mike. Vice Chair Hardemon: Seeing that I at least have one other Commissioner's support as far as those two days, and I'm sure the Commissioner to the left of me, he's technologically savvy; he's checking his days right now, clearing his schedule. So what I would request -- and I would do it through a motion so we can have some consensus on this -- I move that we have our budget hearing days on September 9 for the first hearing and September 23 for the second hearing of 2014. Mr. Hannon: And, Commissioner, that will be at 5: 05 p.m.? Chair Gort: It has to. Vice Chair Hardemon: That's correct, yes. Mr. Hannon: Just for clarification. Thank you. City of Miami Page 108 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Commissioner Carollo: Commissioner Hardemon, like I said, I don't have a problem with those dates. I actually anticipated those will probably be the dates. My only issue then, what day do we have the Commission meeting? Do we make it the Monday before, which is --? Vice Chair Hardemon: Well, I think, I think -- let's tackle this first and then maybe we can tackle that piece versus trying to do both of them at the same time. We can at least get the most -- this is the most important thing that we do. Commissioner Carollo: No, I agree. Vice Chair Hardemon: Right. So let's at least -- Commissioner Carollo: I agree. Vice Chair Hardemon: -- set this in stone. Commissioner Carollo: That's why I want to make sure we have ample enough -- ample amount of time for us to go over those slim budget books. Make a motion. Vice Chair Hardemon: I did. I moved it. Commissioner Carollo: Second. And that is for the first budget hearing to be September the 9th and the second budget hearing to be September the 23rd. Chair Gort: There's a motion. There's a second. Any further discussion? Commissioner Carollo: You okay, Commissioner Sarnoff? You okay with those two dates, Commissioner Sarnoff? Commissioner Sarnoff Yeah, yeah. Commissioner Carollo: Okay. Commissioner Sarnoff I'm sorry, yeah. Chair Gort: Okay, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Commissioner Carollo: Do you want to tackle September 25 then in the next Commission meeting? Commissioner Sarnoff I think you still have the same problem with the holiday. Commissioner Carollo: Yeah. Unless we do it the Monday before, which I prefer not to, or we do it the following week. Mr. Alfonso: You'd have Monday the 29th and Tuesday the 30th. Commissioner Carollo: We have Monday the 29th, which I have here that we have a CRA (Community Redevelopment Agency) meeting. Vice Chair Hardemon: Actually -- Commissioner Carollo: Can we --? City of Miami Page 109 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Vice Chair Hardemon: Well, I'm sorry. Go ahead. Commissioner Carollo: We have Monday the 29th, which we have a CRA meeting. Can we just Vice Chair Hardemon: I'm actually -- I'm going to be -- and I'm asking -- that's September. I'm looking at the wrong schedule. Go ahead. I'm sorry to interrupt. Commissioner Carollo: Can we actually have Commission meeting that day then on the 29th? Vice Chair Hardemon: We can -- I will make -- I can make accommodations for us in a Commission -- if you choose to do that. Commissioner Carollo: Okay. And then we could also do the CRA meeting, so okay. I make a motion to move the -- and give me a second. I just lost my calendar. I make a motion to move the September 25 Commission meeting to September the 29, 2014. Commissioner Sarnoff Second. Chair Gort: There's a motion, second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: And again, for the record, that'll be at 9 a.m. Commissioner Carollo: At 9 a.m. Chair Gort: Nine a.m., regular meeting. So my understanding is, on the 9th, we're going to have the Commission and the budget on the same day on the 9th. Commissioner Carollo: No. Mr. Alfonso: No. Chair Gort: No? Mr. Alfonso: I understood that the budget would be on the 9th at 5: 05 p.m., and the regular Commission meeting would be on the 11 th at 9 a.m. Commissioner Carollo: Yes. Commissioner Sarnoff Right. Commissioner Carollo: Yes. Commissioner Sarnoff Right. Chair Gort: Okay. Mr. Alfonso: Okay. NA.4 DISCUSSION ITEM 14-00686 City of Miami Page 110 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 DIRECTION BY CHAIR GORT TO THE ADMINISTRATION AND CITY ATTORNEY TO SCHEDULE AND PROPERLY NOTICE AN OPERATIONAL MEETING WITH THE MAYORS OFFICE, COMMISSIONERS' OFFICES, ADMINISTRATION AND DEPARTMENT DIRECTORS REGARDING A CITY WIDE CLEAN-UP CAMPAIGN ADDRESSING THE FOLLOWING: EDUCATIONAL CAMPAIGN, ENFORCEMENT, ADMINISTRATIVE PLAN OF ACTION, "CITY PRIDE - LET'S KEEP OUR CITY CLEAN" CLEAN-UP DAY (ANNUAL EVENT), AND "KEEP AMERICA BEAUTIFUL" AFFILIATION. 14-00686-Submittal-Chair Gort-Citywide Clean -Up Campaign.pdf DISCUSSED Chair Gort: Anything else? I got a pocket item. I've been working with Administration. If you recall, about two month ago, we talked about the Keep America Beautiful, and we talked about the City of Miami citywide cleanup campaign. I've been working with the staff, the Administration, and my staff and coming up with a program to implement. One day was going to be a cleanup for the whole City of Miami, getting the people together. And at this time, in order not to break the Sunshine Law, I'd like to request a meeting, and I'll leave it up to the Attorney, the procedure, to have the staff from your -- your staff to meet with the Administration and our staff to be part of this cleanup. Not only is it going to be one day; we're going to do the major cleanup date, but at the same time, we're going to keep this year-round. We want to make sure that we can clean our city and maintain it clean. So you have, more or less, a copy of the items that we have discussed, the educational campaign, enforcement, administrative panel of action, City pride: let's keep our city clean, Keep America Beautiful affiliation and schedule operating meeting with you all -- office. You're recognized. Nzeribe Ihekwaba (Chief of Operations): Good afternoon. Zerry Ihekwaba, Assistant City Manager. The Administration has actually commenced the discussions with various departments in terms of developing a comprehensive action plan for this. I must reiterate that this is what we considered a reinvigorated and refocused campaign that we've done in the past through the Mayor's Office that we have called it `I Clean Miami" campaign. We've decided that this is going to come in two phases. Phase one will involve community outreach, and it will involve us getting together with the Office of NET (Neighborhood Enhancement Team), Public Works, Code Enforcement, Communications, and Solid Waste, as well as the Office of Sustainability, to develop comprehensive program to reach out to the homeowner associations, the business improvement districts and businesses in order to sensitize them for the knowledge of what exist in the City Code as of today. Currently, I believe the Office of Communications have commenced some infomercials on Chapter 70 -- Channel 77 already. If you go on the web, you could see "Clean Miami," "Keep Miami Green, and Recycle in Blue," as one of the media campaign strategies. In addition to having a community outreach, we will also have an educational campaign working with Miami -Dade County Public Schools, as well as other departmental brochures and media outlets. We may, as time goes on, look into having corporate sponsorship of some of these events. And again, phase two will involve enforcement action, which will come at a later stage, especially for those that dump trash and debris on the public right-of-way, as well as in some of the allies. And also phase two will involve looking into membership of Keep America Beautiful. That's something that we are looking into and I'm studying. As of today, with the direction of the City Manager, we've been looking into how -- developing an action committee involving those respective departments, as well as the Mayor's Office, and the elected officials in various districts. Chair Gort: Correct. We would like to set up a meeting with the -- either Commissioners or the employees can be part of the -- of that meeting, because I want to take an active role in this plan. Barnaby Min (Deputy City Attorney): Whatever date is set, we'll work with the Clerk's Office to properly notice it. Do you want to pick a date now or would you like the Administration to work with the various offices? City of Miami Page 111 Printed on 8/6/2014 City Commission Meeting Minutes July 10, 2014 Chair Gort: You need a specific time to advertise or no? Mr. Min: No. Chair Gort: No, okay. Mr. Min: But once we get the date, we'll properly notice it to comply with the law. Chair Gort: Well, let the Administration do it. Mr. Min: Thank you. Chair Gort: Okay. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Well, I'll yield to the City Manager. Mr. Alfonso: No. I was (UNINTELLIGIBLE) say we have one more discussion item. Commissioner Carollo: Oh, no, if we're still on this topic. Mr. Chairman, I mean, you have my full support. I could tell you this is nothing new. Maybe the names changed a little bit here and there, but I've tried it. I've gone out and, honestly, if we go back to the same locations that I pretty much have driven with everyone who is going to be part of this campaign and some that have not been part of this campaign, I will probably tell you that some of the locations are even worse than they were two years ago when we drove by there. So you have my full support, and let's continue to work together and see if there's some improvements. And by the way, there are a whole bunch of pieces to this, like the lot clearing, the -- what's it called when they're throwing trash --? Mr. Ihekwaba: Illegal dumping? Commissioner Carollo: Illegal dumping. And there's a whole bunch of pieces to this. And unfortunately, I have tackled it and tackled it and -- Unfortunate, in Little Havana, we still have a lot of issues with it. Chair Gort: You're not the only one. We have them all through the City of Miami. And unfortunate, people are getting used to get rid of the trash in the City of Miami, 'cause we got good pickup and so on. But part of this program is a year-round program, and it's educating community and let the people know, through the school kids, how important it is to maintain your city clean. What harms it can come with all this waste going into the -- our system and how it affects the quality of life in our neighborhood. It's important to people understand; it's not just throwing the piece of paper. It's what does it cost and -- that happens when you do that, especially all the illegal dumping? I mean, we had -- fortunate, we had one of my staff the other day, there was a -- someone, they did construction somewhere outside of the City of Miami. All of a sudden, they come to the City and they was dumping, a whole trailer, that they were pulling by the car. They were dumping it right in the middle of the street. Finally, we call. The police got there. They took him to jail. They took the equipments and the cars and -- people just got to learn. Unfortunate, that's the only way they learn. Thank you all, and I appreciate it. This is something we need everybody to work on it. The meeting adjourned at 4: 47 p.m City of Miami Page 112 Printed on 8/6/2014