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HomeMy WebLinkAboutCC 2014-07-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 1`:" '1 47,. • IN Q9P 99 1i? ▪ I1JYD Meeting Minutes Thursday, July 24, 2014 9:00 AM PLANNING AND ZONING 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 24, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BU - BUDGET 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 9/8/2014 City Commission Meeting Minutes July 24, 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 24th clay 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: 36 p.m., reconvened at 3: 09 p.m, and adjourned at 6: 52 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:09 a.m., Commissioner Hardemon entered the Commission chambers at 9:13 a.m., and Commissioner Suarez entered the Commission chambers at 9:26 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniell Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning. Welcome to the July 24, 2014 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Frank Carollo, Francis Suarez, Marc Sarnoff, and Vice Chairman Keon Hardemon, and myself, Willy Gort as Chairman. Also on the dais, you have Daniel Alfonso, City Manager; Victoria Mendez, the City Attorney; and Ted [sic] Hannon, the City Clerk. At this time we'll have the invocation by myself and the pledge of allegiance by Marc Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 14-00709 Honoree Presenter Protocol Item TREEmendous Commissioner Proclamation Miami Sarnoff Cities for Financial Mayor Certificate of Empowerment Fund Appreciation and Citi Foundation Citi Foundation Mayor Certificate of Appreciation Summer Youth Commissioner Certificates of District 5 Interns Hardemon Appreciation Employment and Financial Empowerment Program Summer Youth Mayor and Employment and Commissioners Recognition City of Miami Page 3 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Financial Empowerment Prog. Wayne L. Lindsey Mayor Certificate of Public Works Appreciation Employee De'Andre Wilcox and Mayor and Certificate of the True Rhythm Band Vice -Chair Hardemon Appreciation Plate Restaurant Mayor and Certificate of Commissioner Suarez Appreciation The Motivational Chair Gort Certificate of Edge Appreciation 14-00709 Protocol Item.pdf PRESENTED 1) Commissioner Sarnoffpresented a Certificate of Proclamation to TREEmendous Miami, a non-profit corporation established in 1999 as a result of a small group of dedicated tree lovers which is a strong voice in Miami -Dade County for tree preservation and collaborating with the City of Miami to plant more Florida friendly drought -tolerant and wind -resistant trees; furthermore applauding their support of tree planting initiative and proclaiming Friday, July 24, 2014 as TREEmendous Miami Day. 2) Mayor Regalado presented a Certificate of Appreciation to Cities for Financial Empowerment Fund, honoring a wonderful commitment to civic responsibility and communal welfare through generous support of the 2014 Summer Youth Employment and Financial Empowerment Program in the City of Miami; improving the stability of households by leveraging opportunities unique to local government in addition to identifying, developing, funding, implementing and creating pilot programs that help families build assets and make the most of their financial resources. 3) Mayor Regalado presented a Certificate of Appreciation to Citi Foundation, honoring a wonderful commitment to civic responsibility and communal welfare through generous support of the 2014 Summer Youth Employment and Financial Empowerment Program in the City of Miami, building economic knowledge and skills through financial literacy and program orientations designed to improve the quality of life in the low and moderate -income communities. 4) Vice Chair Hardemon presented Certificates of Appreciation to Landy Rojas, Tyquavia Williams and Malena S. Pendola, recognizing their distinguished work performance during the 2014 Summer Youth Employment and Financial Program in the City of Miami; furthermore thanking them for their dedication and handwork as interns within his office. 5) Mayor Regalado and the Commissioners presented Certificates of Appreciation to all of the 2014 Summer Youth Employment and Financial Program participants in the City of Miami; paying tribute to their outstanding professionalism and devoted service to the people of Miami. 6) Mayor Regalado presented a Certificate of Appreciation to Wayne L. Lindsey, recognizing his 30 years of service as a career employee; furthermore applauding his special skills and knowledge to elevate the quality of life of the people of the City of Miami through outstanding commitment to work assignments in the Public Works Department. 7) Vice Chair Hardemon presented a Certificate of Appreciation to De'Andre Wilcox and the True City of Miami Page 4 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Rhythm Band, honoring a wonderful commitment to civic responsibility and communal welfare through the generous support of the 4th of July Family Fest and Rib Cook -Off in the City of Miami. 8) Commissioner Suarez presented a Salute to Plate, a healthy and delicious alternative to fast food restaurant which offers wholesome and nutritious meals by selecting traditional favorites and giving them a healthy makeover; furthermore congratulating Plate as an outstanding economic and healthy resource on historic Coral Way. 9) Chair Gort presented a Certificate of Appreciation to The Motivational Edge for its outstanding service and honoring its very positive impact on the lives of our young people; moreover acknowledging their success by providing educational programs that build character, instill life -enhancing values and promote healthy choices. Chair Gort: Today we have beautiful young crowds, and this a lot of the young men and women that been working in the City of Miami with the different departments, so welcome you all, and we're going to have some recognition at this time. Who's going to be doing the --? Media? Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez MAYORAL VETOES Chair Gort: Do we have minutes? Todd B. Hannon (City Clerk): Chair, I have for Commission consideration and approval the Planning and Zoning meeting minutes from the June 26 Miami City Commission meeting. Commissioner Sarnoff So moved. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Daniel J. Alfonso (City Manager): Commissioners -- Chair Gort: PH 6. Mr. Alfonso: -- PH.3 -- Chair Gort: No. Mr. Alfonso: Six? City of Miami Page 5 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 ORDER OF THE DAY Todd B. Hannon (City Clerk): Sir, actually -- Commissioner Suarez -- Chair Gort: We need four -fifth. Mr. Hannon: Let's go to PH.6. Mr. Alfonso: All right. Mr. Hannon: Commissioner Suarez should be back in a moment. Mr. Alfonso: PH.6. Chair Gort: Before we go to that, do we have any Mayor's veto? Mr. Hannon: Chair, there are no mayoral vetoes. Chair Gort: Madam Attorney, will you go over the procedures? Madam Attorney, will you go over the procedures? Victoria Mendez (City Attorney): We will now begin the regular meeting, and I will read some procedures into the record. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If a proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from future meetings and may be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda [sic], whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time the Administration will announce which items, if any, are being withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you, ma'am. Mr. Manager. Daniel J. Alfonso (City Manager): Mr. Chairman, good morning, members of the Commission. We respectfully request to continue SR.2 to the second meeting on September 25, and we request to defer FR.1, RE.6, and RE.17 to the -- Chair Gort: Wait a minute, wait; slow down. FR.1. Mr. Alfonso: RE.6 -- Chair Gort: RE.6. City of Miami Page 6 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Alfonso: -- and RE.17 -- Chair Gort: RE. 17. Mr. Alfonso: -- to the September 11 Commission meeting. Todd B. Hannon (City Clerk): And Chair, just for clarification, I believe for SR.2, you meant September 29. That's the second Commission meeting in September. Mr. Alfonso: That is correct. I apologize. I forgot we changed it last week. Chair Gort: Okay. At this time, does any of the Commissioners would like to pull any of the agenda items? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: The only thing is thatl respectfully request that we listen to RE.7 or we table RE.7 after the lunch break. Everybody knows, and I think it's well documented, that I've had issues with CIP (Capital Improvements Program), and, again, I think I need to discuss with the Administration. There's information that I had requested; I still have not received. And if it doesn't pass in this Commission meeting, we're going to lose a whole month and a half, because we do not meet in August. So I respectfully request that we listen to this after our lunch break for that? Chair Gort: RE.7. Commissioner Carollo: Okay? So -- Chair Gort: I also had a request from the Mayor's Office to have this item heard right after lunch. Okay. Commissioner Carollo: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you. Yes, sir. Commissioner Suarez: I have a similar request on FR.3. It's a first reading on a squatter's ordinance. I just -- there was some last-minute information that I wanted to review. I've been kind of following this process and participating closely in this process, so I -- if you don't mind, if we could do FR.3 in the afternoon on the squatters ordinance? Chair Gort: No problem. Commissioner Suarez: Thank you. Chair Gort: Okay. Also, I have a request that certain individual in the public would like to speak on CI1 [sic], CL2 [sic], and CL3 [sic], so (UNINTELLIGIBLE). Mr. Hannon: Excuse me. Chair? Chair Gort: Yes. City of Miami Page 7 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Hannon: My apologies. Is there a motion for the items to be continued and deferred? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none -- Commissioner Carollo: Yes. Mr. Chairman? Chair Gort: Yes, sir. Commissioner Carollo: I just want to confirm. It's SR.2, RE.6, and RE.17, correct? Chair Gort: Correct. Mr. Hannon: For the record -- Vice Chair Hardemon: And FR.1. Mr. Alfonso: And FR.1. Mr. Hannon: Chair, for the record, item SR.2 is going to be continued to September 29; items FR.1, RE.6, and RE. 17 are being deferred to September 11. Is that correct, Mr. City Manager? Mr. Alfonso: Correct. Chair Gort: There's a motion; there a second. All in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Hardemon: And, Mr. Chairman, if I may? Chair Gort: Yes. Vice Chair Hardemon: On FR.2 -- I'm sorry. On FR -- SR.2 -- I apologize -- there are a number of people from my community that came out to speak. I don't want them to take up our time today to speak, since we're deferring it, and know that wouldn't be fair to the Commission, but I'd like for -- at least for them to be able to stand and have one representative from them acknowledge who they are so they're recognized in today's meeting, because I'm sure they'll be back to discuss this matter again. Of course, they're leaving from their homes to be here, so it's important that we at least take the time to recognize them, so they're a diverse group. Someone please just state to the mike who you are, what you represent. Cecilia Stewart: Good morning. Cecilia Stewart, 1899 Northwest 1st Court. I represent the Overtown Neighbors for Environmental Health and Safety. Chair Gort: Thank you. Vice Chair Hardemon: Thank you. Chair Gort: Next. City of Miami Page 8 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Renita Holmes: Good morning, Commissioners. I'm Madam Renita Holmes. I'm representing Overtown, Liberty City Women's Association Alliance Against Injustice and Violence and several other groups registered with the Clerk's Office. Thank you. Chair Gort: Thank you. Next. Alma Brown: Good morning. My name is Alma Brown, and I'm representing the Buena Vista West Neighborhood Association. Chair Gort: Thank you, ma'am. Next. Adrian Madriz: Good morning. My name is Adrian Madriz, and I'm a resident of Overtown, living at 1841 Northwest 1st Court. Thank you. Chair Gort: Thank you. Schiller Jerome: Good morning. My name is Schiller Jerome. I'm here on behalf of the Greater Buena Vista Coalition, representing the Little Haiti community. Thank you. Chair Gort: Thank you. Bennet Pumo: Good morning, Commission. I'm Bennet Pumo, representing the Ben Pumo Properties throughout the City. Thank you. Chair Gort: Thank you. Andrew Bernhard: Good morning, Commissioners. Andrew Bernhard, on behalf of the individuals at the Roads. Quick question: Why do we keep on deferring the decision on SR.2? I apologize. Chair Gort: My understanding is the Administration is changing the -- because a lot of questions been asked and those -- in order to answer all the questions they've been asked and make sure we take care of all the residents and the complaints that we have received, and we can go ahead and have it on the record. Yes, sir. Mark Goldstein: Good morning. My name is Mark Goldstein. I represent Jerica Properties, located at 1085 Northwest 36th Street. Chair Gort: Thank you. Ralph Curtis: Good morning, Commissioner. My name is Ralph Curtis, with the University of Miami. We're in support of the application once it moves forward with the ordinance change. Thank you. Chair Gort: Okay, thank you. Okay, thank you. Vice Chair Hardemon: Thank you very much, Mr. Chairman. Chair Gort: My understanding, you said you have people that would like to speak on items CA.1, CA.2, and CA.3? Mr. Hannon: Yes, sir, so they will need to be pulled from the consent agenda. Chair Gort: Okay. So those items are being pulled from the consent agenda. Any other items any of the Commissioners that would like to pull? You want to put your name on the record City of Miami Page 9 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 also? Addy Vidaurrazaga: Yes. Chair Gort: Yes, ma'am, you're welcome to. Ms. Vidaurrazaga: Yes. My name is Addy Vidaurrazaga, 2221 Southwest 12th Street and 2222 Southwest 12th Street. I'm in district -- Francis Suarez' district. It's in reference to the alley closings. I was here for that. Chair Gort: Thank you, ma'am. Ms. Vidaurrazaga: I just wanted to put my name on the record. Thank you. Vice Chair Hardemon: Thank you. Chair Gort: Thank you. Okay. Later... Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I believe that was the last item other than the park issue. Can I request a -- Mr. Hannon: We -- I'm sorry, Chair and Commissioners. We do have item PH.9, which I believe is time certain for 6 o'clock; PH.9. Commissioner Carollo: Okay. Mr. Hannon: Brownfields. Ms. Mendez: We do, and ifI could just do two procedural things for a moment. Chair Gort: Go ahead. Ms. Mendez: Mr. Chairman, for RE.9, which was the Camillus House item, the mats, that should be as modified since I read into the record the change of the signatory. RE.11, also, the Charter language, that should be as modified since we read into the record the changes. And PH.8, which was the plat that Commissioner Hardemon discussed about the bay walk, that should also be as modified to make sure that we have compliance with Section 21 -- Miami 21 Code for the bay walk,- notwithstanding any exceptions, and we read that into the record, but I wanted to make sure it's stated as modified, because I have to make those changes. And then the last one, RE.16, which was the one with bonds counsel, we read into the record the name of the bond counsel, and the fact that they represented P&C Bank, so that little waiver clause needs to be also edited, so that is as modified. I just wanted you to know the things that I read into the record, but when we read the resos, we didn't say, "as modified, as modified," and then if not, it cannot be changed, so thank you. Chair Gort: Do we need to reconsider it and revote on it? Ms. Mendez: No, you don't need to reconsider it, because those things were all mentioned in the record before you voted on it, but it was just for clarification, because then the Clerk's Office City of Miami Page 10 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 can't open up the legislation. It's more semantics with our legislation. Mr. Hannon: We'll work with the City Attorney to make sure all the items she listed are reflected appropriately. Chair Gort: Okay. Ms. Mendez: Thank you. Chair Gort: Thank you. City of Miami Page 11 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 CONSENT AGENDA CA.1 RESOLUTION 14-00570 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Waste ASSIGNMENT OF BID CONTRACT NO. 274253 FOR EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES, FROM BYRD BROTHERS EMERGENCY SERVICES, LLC, TO CERES ENVIRONMENTAL SERVICES, INC., UNDER THE SAME TERMS AND CONDITIONS, SPECIFICATIONS AND SCOPE OF WORK. 14-00570 Summary Form.pdf 14-00570 Letter - Byrd Brothers.pdf 14-00570 Letter - Ceres Environmental.pdf 14-00570 Back-up - Ceres Environmental.pdf 14-00570 Pre-Legislation.pdf 14-00570 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0274 Chair Gort: CA.1. CA.1. Yes, sir. Mario Nunez: Good morning. I'm Mario Nunez, the new Solid Waste director, by the way, so in case you never see me. This is in regard to the assignment of the contract that -- that big contract that we have with Byrd Emergency Services, to Ceres Environmental Services for emergency services and the removal in case of any potential disaster that can happen in this area. Chair Gort: Okay, thank you. Is anyone in the public wanted to address this? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Sarnoff. So moved. Chair Gort: Is there a second? Vice Chair Hardemon: Second. Chair Gort: Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Daniel J. Alfonso (City Manager): Mr. Chairman. Chair Gort: Yes. Mr. Alfonso: I'm sorry. I was -- Commissioner Sarnoff. Yeah. I didn't catch his name either, by the way. City of Miami Page 12 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Alfonso: Mario Nunez is our new director of Solid Waste. I was -- somebody was talking to me. The Mayor was talking to me -- I'm sorry -- and I didn't see him come up. He's our new director of Solid Waste. He comes to us from California. And maybe, Mr. Nunez, if you want to talk a little bit about your experience in the solid waste industry. We're very happy to have him here, and we look forward to what he can do with our Department. Mr. Nunez: Thank you. Sorry; I have a sore throat, so I'm going to speak a little bit louder. Yes, I spent basically my whole career in the solid waste recycling/conversion technology in anything related to solid waste management in different levels; at the municipal level for about 20 years, both in the state of Colorado initially; in the state of California, exactly in the cities of Pasadena and Glendale; and briefly as an international consultant with the World Bank and the World Health Organization, as well. I'm fortunate to being here to provide the best service levels that the City expects, to enhance the existing services and make this operation more streamlined to the level of the residents and constituents and business expect from a person in this position under the leadership of the City Manager, Mr. Alfonso. Vice Chair Gort: Thank you. Commissioner Sarnoff What brings you to Miami? I mean, relatives? Are you from here, or background? Mr. Nunez: Well, initially, you know, I'm an immigrant. I'm a former Fulbright scholar, so I did get a, you know, degree here. Actually, I did get two master's degrees; one from Harvard University and one from Colorado State University. I'm a civil engineer by profession. To be honest with you, I returned to my homeland back in the early '80s. I'm working for the World Health Organization. They reassigned me back to the United States. My goal when I was a teenager was actually to settle in this part of the country, but sometimes the winds blow westward; I ended up in California, believe it or not. I never really thought in my life I would do that later in my life. I'm happy to be here with my family. I do have family here. I have a lot of friends, and I love Florida overall. I've been here as a tourist. I really enjoy it. I'm happy to be here. And again, you know, I'm 24/7, seven -days -a -week manager. Anything that I can help with, I'm available to share my experience from the way that Southern California does business in the solid waste management, which is quite different from what I have experienced here in the last few weeks. Commissioner Sarnoff Welcome aboard. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Solid Waste director, right? Good morning. Mr. Nunez: Good morning. Vice Chair Hardemon: You know, the Solid Waste Department is a department that's, I would say, near and dear to my heart. And it's near and dear to my heart because it's one of those departments that we have that give people in our community second chances. So in that department, people who are convicted felons have an opportunity to still earn a decent salary, earn a -- retirement benefits, and things of that nature. It gives people one of those -- it's part of what I -- you can kind of look at it as an antipoverty initiative, right? Because if not for those jobs, what would those people be doing in our community? So I applaud what goes on in the Solid Waste Department. I just hope that you're friendly to the issues that the Solid Waste Department is having and what the people in the community need from our Solid Waste. That City of Miami Page 13 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 department is definitely about services. It's definitely about turning over a profit. But the treatment of the people, and I think by far, that is what led to the demise of the former Solid Waste director; it was the treatment of the people. So if there was anything that could stress more to you than anything is just remember who it is that we're serving, who it is that is making that service available to them, and try to address the issues that they're facing. Fair? Mr. Nunez: I will take your advice, Commissioner Hardemon, to the heart. I do understand what you're saying. It's -- yes; completely been in this business for so long. In the public sector, I understand that besides being public servants, we have also an obligation to the constituents that also, as you said, this is a source of local employment to many of the residents of the City, and we'll do the best we can to continue that trend that I have observed already, you know, in my duties as the Solid Waste director. Vice Chair Hardemon: Thank you. Chair Gort: Thankyou. Where were you? I mean, we (UNINTELLIGIBLE). Joe Simmons: I was here watching all the time. Chair Gort: Yeah, but we closed the public hearing and everything. You guys didn't come up. Mr. Simmons: Yes. Chair Gort: Go ahead. Mr. Simmons: What I want to do is welcome the new Solid Waste director. We've had nothing but accolades from him from day one. He's more of an inclusion. We had our first e-mail (electronic) a few days ago, and he said, Joe, I'm having this issue. Let's see how could we work together to solve it. "And I think that's through the spirit of cooperation, 'cause that, in turn, means better service to our residents. You know, I'm not here to discuss what happened to the former director. The past is the past. We look forward to the future. And we welcome him with open arms. Thank you. Chair Gort: Thankyou. Let me tell you, one of the biggest problem we have today are these things. We don't talk to each other anymore. We send e-mails and they get back and forth and people don't look at each other in the face and talk to each other, which is so important. Okay, that's been -- we thank you, sir. Appreciate it. Mr. Nunez: Thank you. CA.2 RESOLUTION 14-00581 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM FROM MAY 28, 2014 THROUGH DECEMBER 31, 2014, IN AN AMOUNT NOT TO EXCEED $347,369.35; ALLOCATING FUNDS FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001, AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. City of Miami Page 14 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00581 Summary Form.pdf 14-00581 Memo - L.E.F.T. Donation.pdf 14-00581 PAL Operational Budget.pdf 14-00581 PAL Certification ofApplicant.pdf 14-00581 PAL Corporate Detail.pdf 14-00581 PAL Annual Review & Evaluation.pdf 14-00581 PAL Financial Statements.pdf 14-00581 Legislation.pdf Motion by Vice Chair Hardemon, 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-14-0275 Chair Gort: CA.2. By the way, I'd like to inform, I have to leave today at 6:30. Want to make you aware of that. CA.2. Renita Holmes: Public hearing or -- Chair Gort: No. That's a public hearings -- Chief. Manuel Orosa (Chief of Police): This is -- CA.2 is our yearly allocated funds from our Law Enforcement Trust Funds to run the PAL (Police Athletic League) program. The PAL program is run in a lots of -- a lot of parks in the City, and we help out a numerous amount of kids. For all the details, I have Major Delrish Moss; that I want him to come up and explain a little bit of the -- of all the services we provide. Chair Gort: I think it's important. Delrish Moss: Major Delrish Moss, president of the Police Athletic League. The Police Athletic League was incorporated in 1995, and what we do are a number of things. One, we have -- we're right in the middle of starting our football program over at -- back -- and we're happy to say we're back at Curtis Park, and that's running well. But we also run a summer program. We run aftercare and a number of other things -- baseball, basketball. You name it, we do it. And one of the things we're looking to do this year is a lot more character -building as well and -- I don't know. Any questions? Chair Gort: Can you give us an idea how many kids are being served for the last three or four years? Mr. Moss: For the last three or four years, we've probably serviced something close to 600 kids a year. Chair Gort: Okay, thank you. Yes, ma'am, you're recognized. Renita Holmes: Madam Renita Holmes, Women's Association. Now you're talking to my friends that have always extended a hand to me. You know, I love it when we have budgets, and we have programs, and we have trust funds, but in God do we trust. And I love my friends. However, as a women's advocate and as a woman that lives in a neighborhood that is quite disparate as opposed to other neighborhoods, and I see -- I like nine to one actually are the statistics and, you know, I'm persistent and consistent on statistics. However, there's other data that's important. There's other populations within those neighborhoods that are still in need of some support, and that's the women and girls. Gender -specific programs have always been a best practice in community -oriented policing, so I believe in equitable responsibility. Every year for the last 20 City of Miami Page 15 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 years that I've been marching up and down, you've always been there. But there are other organizations in my district and in your district, Mr. Gort, where I grew up, Moore Park, 32nd Street and loth Avenue, up -- "Yo vivo alli, much anos alli, " okay? Chair Gort: "Que bueno. " Ms. Holmes: Gracias. Listen, we need more girls to access that PAL program. I was a bailer at Robert E. Lee. You see I got good scream now. I need women and girls to participate more and access that trust fund with equity, because our girls are still susceptible, and you know your statistics are a lot higher now, and I don't see that, Mr. Manager, as we spoke for before. I would like to know through the Chair and through my Commissioner how many women and girls are participating in sports and athletic league functions and activities. Thank you very much for what you do, Delrish, and the way that you do it. You multiply strong women like me and girls, but when it comes to physical health and wellness and public safety, we need you to do more of that. We need Mr. Cabrera to listen to us a lot more often in the Mayor's Office with that filnding for policing. Thank you. Chair Gort: Thank you, ma'am. Do I have a motion? This is CA.2. It's been moved by Vice Chairman Hardemon. Commissioner Sarnoff. Second. Chair Gort: Is there a second? Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.3 RESOLUTION 14-00562 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT REIMBURSEMENT FOR PRE -APPROVED OVERTIME COSTS AND OTHER EXPENSES INCURRED BY MEMBERS OF THE CITY OF MIAMI'S POLICE DEPARTMENT SPECIAL INVESTIGATIONS SECTION, ASSIGNED TO ASSIST THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, EFFECTIVE UNTIL SEPTEMBER 30, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT OF FUNDS. 14-00562 Summary Form.pdf 14-00562 Legislation.pdf 14-00562 Exhibit - MOA.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0276 Chair Gort: CA.3. City of Miami Page 16 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Manuel Orosa (Chief of Police): Commissioners, CA.3 is our renewal of a MOU (Memorandum of Understanding) we have with ATE (Alcohol Tobacco Firearms) in which they train our officers. We work with them, and they provide overtime funding and vehicles, et cetera, to us. And this is a renewal. Chair Gort: And this is on reimbursement basis, right? Chief Orosa: Excuse me? Chair Gort: We get reimbursed for that? Chief Orosa: Yes, sir. Chair Gort: Okay. Chief Orosa: We get reimbursed for the overtime, and they provide vehicles for us and training and equipment. Chair Gort: Thank you, sir. I understand someone in the public asked to be a public hearing for this, and that's the reason why we pulled this CA (consent agenda) items. Todd B. Hannon (City Clerk): That person walked out, sir. Chair Gort: Okay. Commissioner Sarnoff. So moved. Chair Gort: Thank you. Commissioner Sarnoff. So moved. 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. Chief Orosa: CA.4, Mr. -- Mr. Hannon: Oh, that's already been taken care of. Daniel J. Alfonso (City Manager): That was taken care of. CA.4 RESOLUTION 14-00662 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "E-CITATION PROJECT," AND APPROPRIATING FUNDS, CONSISTING OFAGRANTAWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT OF $72,000.00, TO EQUIP THE TRAFFIC ENFORCEMENT UNIT WITH MOBILE TICKETING DEVICES, KNOWN AS E-CITATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. City of Miami Page 17 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00662 Summary Form.pdf 14-00662 FDOT GrantAward.pdf 14-00662 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0272 CA.5 RESOLUTION 14-00576 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED JUNE 6, 2014, PURSUANT TO INVITATION FOR BID NO. 448313, FROM PHILIPS HEALTHCARE, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE LEASE OR RENTAL OF PHILIPS AUTOMATIC EXTERNAL DEFIBRILLATORS, FOR THE DEPARTMENT OF FIRE -RESCUE, FORA CONTRACT PERIOD OF TWO (2) YEARS, WITH NO OPTIONS TO RENEW; 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. 14-00576 Summary Form.pdf 14-00576 Award Recommendation Form.pdf 14-00576 Bid Tabulation Sheet.pdf 14-00576 Invitation for Bid.pdf 14-00576 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0273 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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 Todd B. Hannon (City Clerk): So, Chair, if you would like, you can vote on the remaining items on the consent agenda -- Chair Gort: Yeah. Mr. Hannon: -- which is CA.4 and CA.5. Chair Gort: Do I have a motion for the --? Commissioner Suarez: So moved. City of Miami Page 18 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PA.1 14-00648 (PA.1) 14-00648a Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PERSONAL APPEARANCE PRESENTATION MR. FERNAND AMANDI, COCONUT GROVE RESIDENT, TO ADDRESS THE CITY COMMISSION REGARDING THE HIRING OF POLICE OFFICERS BY THE CITY OF MIAMI POLICE DEPARTMENT SINCE LAST YEAR'S SEPTEMBER 26, 2013 BUDGET HEARING. 14-00648 E-Mail - Personal Appearance.pdf 14-00648-Submittal-Commissioner Sarnoff.pdf PRESENTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PROPOSE A FISCAL YEAR 2014-2015 BUDGET THAT INCLUDES FUNDING FOR THE HIRING OF AN ADDITIONAL 100 CITY OF MIAMI POLICE OFFICERS; FURTHER DIRECTING THE CITY MANAGER TO ALLOCATE FUNDING IN THE AMOUNT OF $2 MILLION FOR THE ANTI -POVERTY INITIATIVE. 14-00648a-Submittal-Commissioner Sarnoff.pdf Motion by Commissioner Sarnoff, 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-14-0296 Chair Gort: My understanding, Commissioner Sarnoff, you had a personal appearance? Commissioner Sarnoff. I believe Fernand Amandi. Chair Gort: You're recognized, sir. Fernand Amandi: Good morning, members of the Commission, Mr. Manager, City staff. Ten months ago I appeared before you as a resident of Coconut Grove in response to what was an intolerable situation; yet another in what was the third year in my own personal experience of a crime spike, as the victim of a home burglary myself I had asked the City over the years what was the issue; why couldn't we adequately lower the crime rate? And one of their responses we got over and over again was that we didn't have a sufficient amount of police officers with which we can deploy and correct the situation. As a result, we mobilized, as you all remember, several hundred residents last year to come in and ask for additional officers. All of the members of the Commission voted in unanimous favor to increase those officers, and the Manager was able to City of Miami Page 19 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 find some. And with the cooperation of the Commission, the Manager, the City, and the Police Department, an incredible thing happened. We had more officers from my part of the City of Miami, which is Coconut Grove; more officers were put on the streets, more off cers were put on patrol, and guess what happened in Coconut Grove? Commissioner Suarez: Crime went down. Mr. Amandi: The crime rate is now at a five-year historic low, thanks in no small part to the work of Commander Manny Morales and the support of Chief Orosa. In addition to that, the residents banded together and asked for and were able to get a police presence, an anchoring presence with a substation, which many of you were also present at as well. So I think the point is very clear: When you have more officers, you can expect crime to goes [sic] down, as we lived that. Today I'm not just here on behalf of Coconut Grove; I'm here on behalf of the entire City of Miami, because the City of Miami is part of Coconut Grove and the Coconut Grove is part of the City of Miami, and it would be very selfish for those of us who want public safety prioritized in one community not have it extend to the rest of the community. We all benefit. The City of Miami benefits; every neighborhood, every department from a higher police presence. The problem is, and the reason I'm again here today, we are still operating at a woefully short deficit of police officers. When you look at comparable cities, Mr. Manager, around the country, cities like New Orleans, Tampa, cities like Atlanta, cities like Cleveland -- We all asked, "Why did LeBron leave?" Well, maybe one of the reasons he left was because Cleveland has more police officers per 1,000 residents than the City of Miami does, and he wouldn't have to have a police officer dedicated to his front house. So the question is: What are we going to do to increase the number of officers so that we're not only where we need to be as a city, but we can be comparable and shift the paradigm here in this community? So, to and behold, we look at the Mayor's proposal for this year's amount of new -- net new officers, and we see that there's 20 net new officers. Now, 20 is a step in the right direction. It is nowhere near, members of the Commission, Mr. Manager, Mr. Mayor, where this community needs to be. You've seen the case example of Coconut Grove. You've seen what happens when the Police Department has the necessary resources to deploy the patrols to adequately enforce the crime. So what are we asking for? Very simple: One hundred net new officers for this budget cycle. Not 100 officers to be hired; 100 net new officers. And for your education -- of course, mostly the folks watching at home -- because I know all of you know this and the Manager, of course, is very familiar with this, as is the Mayor. What is a net new officer? A net new officer is not a new officer that's hired. A net new officer is an officer that is hired in addition to taking into consideration the other officers that leave the force for a variety of different reasons. Commissioner Suarez, you know whether it's the DROP (Deferred Retirement Option Plan), whether they are forced to leave for maybe nefarious reasons or they just choose to leave on their volition. We need 100 net new officers, and that's only the beginning. Candidly, you all can see what's coming down the pike here. Over the next four to five years, just through the DROP program, we are going to lose 400 officers. That's a conservative estimate. Four hundred officers. We're asking for a hundred. You should be telling us -- the City Administration, the Mayor and the Commission should be saying, "A hundred net new officers if not sufficient. We need 200 net new officers this year and the following year and the year after." You guys are asking for 20 -- or the Mayor is proposing 20. We're asking for an additional hundred as a minimum. And again, I am not here today on my own. I brought with me a coalition of other community residents and folks that work in this community who, of course, on their own have their own voices, but they're not just here on their own, and they're not just here on behalf of themselves and their family; they represent hundreds, if not thousands of other residents and stakeholders in this community who feel it is important to have 100 additional new officers. Now, one last point. You all might say to me, "Well, how are we going to pay for this, Fernand? " Well, fundamentally, it's going to be your decision. You all have to determine what is the City priority based on the resources and funds? We know for a fact that there are going to be $17 million in surplus this year at the bottom. If certain ballot items pass in the August election, that could be as high as $30 million; already having a great amount of reserves. Now, I want to first acknowledge and applaud the efforts of the Manager and the City of Miami Page 20 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commission and the Mayor. I think it is wonderful to be fiscally prudent and responsible. I think that's an important step for this City, but I think it's a false choice to suggest that we cannot be fiscally prudent and responsible and not prioritize public safety and make that the number -one priority for this community. Just in the 17 million alone in the surplus there is enough to put $7 million in reserves and put $10 million to hire a hundred new officers, and arm them, and give them the necessary equipment that they need, and hopefully, at the same time, address the issue of benefits, 'cause we know how important it is for the officers to stay here and feel motivated and honor them for the hard work that they do for this community. So, as I said what is the request? Very simple: One hundred net new officers, net new officers -- so that there's no confusion -- for this coming budget year, and hopefully, over the future, we can continue to get closer and closer to that magic number where we make the City of Miami comparable to the other cities that we compare ourselves to and aspire to be and make public safety the number -one priority. One last point before I turn it over to the other folks here to speak today. I am a pollster by profession. One of the things I do is to measure public opinion. Might not surprise you to know that in the last year before I've appeared with you, I've polled the City of Miami residents many, many, many times. You know what the number -one issue is? Commissioner Suarez: Crime. Mr. Amandi: It's not making sure that property taxes are increased. That is not the number -one issue. It is not making sure that there is no tax increase period. It is addressing crime and public safety, by far, the number -one issue in this community. So think about that when you make your decisions today. They're not saying -- nobody wants to be taxed. I don't want to be taxed. But given a choice between public safety and finding the resources for public safety, public safety wins every single time. With that, I want to turn it over to the folks that are here with me today, and let me just quickly introduce them, and then they'll have a chance to share with you why they think that this is an important issue as well. We have Thom Mozloon, who is a resident and business owner in the City of Miami. We have Schiller Jerome, who is the president of the East Buena Vista Homeowners Association. We have Marcia Anderson, who runs a nonprofit in Overtown. And all of them, I'm going to give you an opportunity to hear from them why they think that this is important for this community as well, 100 net new olcers in this year's budget. Mr. Mozloon. Thom Mozloon: Thank you for hearing us. We really appreciate it. I am, as Fernand said, a business owner here in town. My business is located at 7400 Northeast 4th Court in Little River. I live four blocks from there in Belle Meade at 725 Northeast 75th Street. Commissioner Sarnoff, we have had long conversations about safety. In fact, my neighborhood went so far as to build a gate around it. I think that's a sad statement. In the time that I have had my business in Little River and lived in Belle Meade, my car has been stolen from my driveway twice; my house has been broken into multiple times; vehicles in front of my office have been vandalized. In fact, just recently, my vehicle has been vandalized. Crime in this area is an issue and it is predictable. It goes in cycles. It is also predictable as how to solve it. Each time we have spoken and the police presence shows up, crime goes down. Gentlemen, I am committed to the City of Miami. I've been here for quite a while. Some of you know me. I'm committed to raising my family in the City of Miami. I am committed to building a business in the City of Miami. I am committed to employing people in the City of Miami. In order to do that, we need your help. We need the protection, the basic protection to know that when I hire someone, their car is going to be there when they leave work. I am tired of hearing every year that a couple of my neighbors have been held at gunpoint while their houses have been ransacked. This should not happen in our city, and the one thing that has proven it is more police presence. Gentlemen, I am committed to this City. I'm asking you to join me in that commitment in providing the protection that we need to build families and businesses. Thank you. Chair Gort: Thank you. City of Miami Page 21 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Schiller Jerome: Good morning, Commission. My name is Schiller Jerome. I'm president of the Buena Vista East Homeowners (UNINTELLIGIBLE) Association which represents 300 households. I'm also the founder and organizer of Buena Vista Coalition, which represents 2,500 households. First, I want to speak in behalf of Little Haiti. I'm going to talk about the whole entire District 5. Right now I speak on Little Haiti. Per shift has police -- five police officers. Again, five police officers per shift in an area that big, in an area known to have some crime issues, some blight issues, and some slum issues, some blight issues, and to me that is way underneath the number it needs to be. Secondly, Little Haiti NET (Neighborhood Enhancement Team) area is the only NET area without beat -- two beat officers. Currently, there is no beat officers in the Little Haiti NET area. Again, did we have a shortage? And the shortage should be in the areas in which there are of most needs. Overall right now -- ten years ago I moved here. To this day, my mom begs me. She say, "Honey, please move to Broward; it's safer." My friends come visit me, and the first they say, "Is it safe over there?" Why can we live in a city so big and the first perception is not our beaches, it's not our restaurants; it's the crime. We cannot address crime without officers, and they must be placed in certain areas. Again, I applaud the Coconut Grove for what's being done there in the last year, and I applaud Mr. Amandi for what he's doing, but I want to take that same example, bring it to Little Haiti, bring it to Liberty City. What happened in Liberty Square shouldn't happen. We should not be okay with this type of actions in our neighborhoods; that that is unacceptable as residents for us to have to do with that. Thank you. Chair Gort: Thank you. Next. Marcia Anderson: Yes. Good morning, Commission. My name is Marcia Anderson. I am the cofounder of the South Florida Cares Mentoring Movement, and what we do is we provide mentoring for over 400 youth throughout South Florida, but predominantly in Overtown. We decided four years ago when we started this organization that we wanted to make a true impact and a difference in our communities, and so what we were looking for is a neighborhood where we saw the potential of our kids and not the negative of the neighborhood. We saw that Overtown has so much to strive for, and so much potential, and so much goodness in it with its history and its culture, so we wanted our kids to have mentors that are coming from the neighborhood and from without -- with -- around the neighborhood and to be settled in Overtown. So we chose the UM (University of Miami) Life Science Park as our foundation and home and office. And so with that, we also formed the Overtown Youth Coalition with other nonprofits, about ten other nonprofits in Overtown. What we want to do is for our kids to see that the police there care about the neighborhood; it's not only for protection, for safety, but they provide a model of civic engagement, which is something we want our kids to strive for in Miami, to actually participate in growing their own neighborhood, and making sure their neighborhood is prosperous, and making sure their neighborhood is safe and someone cares about the neighborhood. But for that to happen, we want our City and we want our Commission and we want our police to understand that these kids want to have an example of goodness around them, and that to me is the police force. The police force is a safe harbor, it's for protection, but it's also as a good citizenry. So, please, I want to ask you guys and really support this initiative that we want more police in our neighborhoods so our kids feel safe, but they also feel that there's people out there that are caring for them, and there are people out there that want to see them grow and prosper within their own neighborhood. So thank you. Chair Gort: Thank you. Renita Holmes: Good morning. My name is Madam Renita Holmes; again, from Women's Association. I'm representing myself my neighborhood, Overtown, Liberty City, Brown Sub, you know, and the adjacent, even Biscayne, but mostly those in the street, those most vulnerable, the victims, the mothers who have recently had a 300 percent increase in domestic violence, because they have warrants or restraining orders that the City can't serve, because Miami -Dade County is taking part of its budget. That lack of insight in the 30 years that I've been serving and living City of Miami Page 22 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 there and empowering mothers who now, 300 to 400 percent increase in the number of women and children that are dying in their bed to gun violence, have seen and worked very well with Chief Orosa and the rest. They don't ostracize us, realizing that we have a communication problem even within our own families, whether it's the brotherhood or the motherhood. It's an old saying that they say in a rap song, although this rap song and son is quite insightful about those who are mostly blamed for implementing the crimes, at least the black collar ones, and he says, "The more money I see, the more problems I see." I had an opportunity to be here yesterday and see exclusively a community spend $1 million on six officers and equipment that they already have. The more money I see, the more officers I see, the more of my children I bury. So that tells me, in the last five years and the 30 years of tracking with a grandmother that if we have a relationship -- and we do have a relationship all the way to Delrish Moss (UNINTELLIGIBLE) and watching my grandmother, and when looking at best practices and being able to get in between and have a relationship that we internally have some things to do, sir. We have a Community Relations Board; we're not talking. We have a Commission on the Status of Women, Mr. Mayor; we're not talking. I've been doing this for 30 years without a budget. As a mother, you know we can make Kool-Aid and make it taste like wine. I understand Jesus got some, but we're doing this stuff. We have no budget, but yet, we're doing trauma, drama, relationship, so perhaps we need to put more opportunity to community -oriented. I heard you call lastly about holistic initiatives. There are those of us that are doing the work that have not been recognized, and I understand that there are groups that have capacity, and they have middle income, and most of the profit goes to them when you give them a budget to do the work, but if we're doing what's right, having the relationship, why can't we coordinate it? I challenge my City Manager, I challenge you even further, but I beg you, got to get it together. Police cannot do it alone. I beg you to attend the One Stop. I beg you to look at the new initiatives and ask Manny Morales, because what's going on in Coconut Grove is not just about more police, and that's a good brown nosey, but really, it's about coordinated services. I could bet every bit of data on that. And thank you, Commissioner Sarnoff, because you went with us on the One Stop walk of coordinated services. I created a strategic community emergency response to intervene on violence epidemic; been doing it 30 years; been surviving. Buried some children; still have a relationship, and ain't worried about the haters. But as a tax payer, I need a little bit more than putting all the money and all the responsibility on them anymore. And I believe cultural competence okay. Look at me over here. Look at the makeup -- the group over there. I'd like to speak to you and get to know you. But what happens in the hood, you need to see a hood specialist. Mr. Mayor, you need to coordinate that roundtable, put more money in the community -oriented police, let your citizen's patrol do their duty, and respect that parents can make a difference, not just corporations. Chair Gort: Thank you. Ms. Holmes: Thank you so kindly. Chair Gort: Thank you. Mr. Amandi: Thank you. We just have one more speaker on behalf of the presentation. That's Coconut Grove community leader, City of Miami civic leader, J.S. Rashid. Jihad Rashid: Thank you, Armando [sic]. I thank you, Commissioners. I'm here to lend my voice to urge this Commission to have a net 100 police officers at the end of day. From a perspective of having an investment, we spend a lot of money improving our community, and it's a simple proposition. If you have something worth having, it's worth protecting. And we need to equip our City Police Department with a facility -- one of the challenges for business growth and economy, a better quality of life is staff and technology. The Police Department needs that staff. It needs a sustainable staff so that we can maintain the momentum. The Coconut Grove Village West is a prime example. We were recently graced with the police substation, and if you see, the traffic patterns are changing that engenders future development. I've always advocated that I City of Miami Page 23 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 want to see baby strollers and skateboarders coming down Grand Avenue, the connectivity that's going to support a synergistic revitalization of the Grove Mercantile Center, but with this uncut dime called the Village West, we need that presence. That's a good example. That is Exhibit 1. So please hear our call for this, and let's make the appropriate adjustments in our budgets, but it's no sense of spending money if you can't sustain the investment that you put forth. Thank you. Chair Gort: Thank you, sir. Mr. Amandi: So, once again, I want to thank the members of the Commission. I want to thank the Manager. I want to thank the Mayor. I think it's clear. You've heard the voices of these residents who represent thousands of other fellow residents and neighbors in the community. what we did in the city of Coconut Grove last year -- in the Village of Coconut Grove last year, led by Commander Morales, Chief Orosa, you the Commission, you the Manager, you the Mayor, we can do it throughout the entire city. It starts with 100 net new o icers in this year's budget. There are the funds for this. This is a question of priorities. Hopefully, we've persuaded you today with our presence and our voices here that this is something that should be adopted. If you think you need more time to consider it, we'll be back in September; there'll be many more than just these six of us, so thank you very much. I trust you all will do the right thing. I appreciate your time. Thank you. Chair Gort: Thank you. You have a good one, now, sir. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff May I be recognized? Chair Gort: Sure, you're recognized. Commissioner Sarnoff First off, I want to thank them for coming out, the entire community. I want to also be a little bit redundant to the four of you here, because you were here yesterday and we had a pretty robust discussion, especially for the Omni CRA (Community Redevelopment Agency), with regard to police departments, but Commissioner Carollo, you weren't there, and I just want to make something very clear to you as we did pass a budget item for six police officers in the Omni CRA. In the process of doing that, we learned in downtown during daytime hours, we actually have .5 police officers per 1000 residents, not 1.5; .5 police officers per 1000 residents. What I handed to each Commissioner -- and I'll be more than glad to give you -- is an article which was written: "Which Cities Have the Biggest Police Presence in America?" And I guess the -- I guess I was a little bit joking, 'cause I saw some cities I didn't know exist -- Shawnee, Kansas City; Norman, Oklahoma; Plano, Texas, I guess we've heard of -- and I could not find a city in America that had .5 police officers per 1000. It just doesn't exist. Now, interestingly enough, City of Miami is listed in this article, and we actually are listed as having 3.3 officers per 1000. However, they got the number of officers wrong that we have on the police force. They have us as having 1,380 police officers. As you know, we budgeted for 1,179. We probably have about 1,150 right now. And if we got to 1,380, we would have 3.3 police officers per 1000. So, Mr. Chair, what I'm going to do is ask -- and hopefully get a second -- for a resolution that says -- I'm going to ask the Manager to bring back a budget that provides for 100 police officers in the fiscal year '14/15 budget. Commissioner Suarez: Second for discussion. Chair Gort: Been moved; second for discussion. Commissioner Suarez: Thank you, Mr. Chair. This is a topic that we've been debating for a City of Miami Page 24 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 while now. I don't know -- I guess Fernand's still here. I remember the first time that I met with you, and I remember going through the budget with you and detailing -- and I -- and we did it here at the Commission meeting in last year's budget. And I had breakfast the other day with Mr. Smiley from the Herald, and he was reminding me how the discussion was almost identical last year to this year, and he's absolutely right. So we did ident where the money would come from. And I said we had the money to do it without raising taxes, and I stand behind that statement. I think what you have seen over the course of the year, which I'm sure has bothered you, was kind of a reflection of the statement that I -- some of the statements that I made to you during that meeting, which was as Commissioners, we can allocate the funds, and we have limitations on how we can effectuate the expenditure of those funds, and we've continued to hit our head against the wall. We've been presented with a variety of different excuses, whether it be initially that the HR (Human Resources) director wasn't effective, then the HR director was replaced; then it was the Department of Justice that was a hindrance. That apparently got worked out, you know. Then it was that we weren't paying our officers a sufficient amount of money, so we allocated an extra $5 million to pay our officers. That's a whole 'nother story. We won't get into too much detail over that. So -- I mean, we've made all of the different efforts that we could make. And I remember you telling me something that kind of hit me like a ton of bricks. And you said, "Look, this is your problem. This is not my problem. This is your problem. This is why we elected you." And you were absolutely 100 percent correct. So I kept racking my brain as to what's the -- how can I escalate this more than I've already done? And you know, at the last Commission meeting -- and what I said was that -- I issued the City Manager a challenge, because as a Commission, we do have an obligation to rate the Manager and decide -- we do have supervisory power over the Manager, and we do have the power to change Managers. And I think our Manager is a great Manager. I think he has demonstrated skill in a variety of different fronts, including dealing with us, which is not an easy one, and I think he's a good and decent and honorable person. Having said all that, he wasn't included in the discussion when we were discussing this. We kept looking at the Police Chief. We kept looking at the HR director. We kept looking at the Department of Justice. We were looking at our budget. We were looking at paying police officers. The one thing that we weren't doing was looking at the Office of the Manager and saying, "Look, at the end of the day -- like you said to me that day very, very correctly -- this is your problem." And so, you know, for me, the only way that we could escalate beyond what we had already escalated was to say to the City Manager, "Look, part of your job entails ensuring that we have an effective police force, that we are thinking outside of the box, that we are doing everything in our power to deal with a very, very personal problem that is crime in our City," as you correctly articulated. Every single poll I've seen, whether you've done it or someone else has done it, I can tell you does in fact reflect that crime, even in the worst economic moments -- Mr. Amandi: That's right. Commissioner Suarez: -- was the number -one issue, which is interesting. Mr. Amandi: There's a correlation as you can imagine. Commissioner Suarez: Right, absolutely. So I second -- and I'm glad I'm seconding my colleague's motion, because he really has been the leader. I can't take credit for him identing the weakness in our organization, even though you kind of felt it. I'm sure we all felt it when we go to community meetings. When we go to crime watch meetings, we feel it, because our residents are always asking for more police presence. You know, we've all been there. We've all been to those meetings. So he's the first one to quant fly it, and I think I kind of quantified it from a budgetary perspective. I do feel that it's not irresponsible to budget for the number of officers that you're asking for. And I think the interesting thing about budgeting is that if you don't spend the money, which will be tragic in this case, you keep the money. So it's not a fiscally irresponsible thing to do either. City of Miami Page 25 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Amandi: Absolutely. Commissioner, can I just make one point I didn't make in my comments? We also have -- to the other members of the Commission -- a very unique window this year, because I know in year's past, there's been a question about whether or not we had a sufficient number of officers, whether we could hire them, whether we can incentivize them. There's a unique window this year only, Mr. Chairman, where given the County's dill culties, we can immediately hire officers that can hit the streets the next day. Chair Gort: Mr. Amandi, at this time, with -- the Commissioners are discussing. This is not a public hearing, because then everybody wants to be heard. Mr. Amandi: My apologies. Commissioner Suarez: And I'll just wrap up by saying I agree with what you just said, that it is a unique opportunity, and hopefully -- well, I shouldn't say "hopefully," because I don't want to wish that upon anyone, really. But sometimes in life and in government, someone's decision on the one hand ends up inuring to the benefit of another government, and in this particular case, we need the officers, and we need them fast. And so I thank the Chief for reaching out to the Department of Justice and getting, you know, kind of preliminary clearance on that. I think that was a wise decision on his part. But I think, at the end of the day, you know, we have put this on the Manager. I thank the Manager, too, for accepting that challenge. Many people don't know that he's a veteran, and so he has a background in -- even though he's a civilian and not a -- well, you're not a civilian in the military context, but you're a civilian in the policing context. I have full faith that he is going to look at this problem that we have as a city. First of all, he's not going to accept the status quo, and I think that's what irks all of us when people come here and say, "This is just the way it is. You know, it's a big city, Commissioner. You just got to deal with it. You got to live with it. Nothings going to change. It hasn't changed since" -- whatever, you know. I think that is a unacceptable state of mind. And I think the City Manager, I'm confident that he understands that we are asking him to do whatever it takes. It just so happens that we see a very direct correlation with more officers and less crime, so that's one very simple step that can be taken. You know, I'll let my other colleagues -- I don't want to steal their thunder. But I thank the Commissioner for bringing this motion. I'm going to support it. I hope we have the support of the remaining Commissioners, and ultimately, I hope we're able to accomplish the goal. Thank you. Chair Gort: Vice Chairman Hardemon, you're recognized. Vice Chair Hardemon: I didn't -- well, first, I want to clam what the motion is that is on the floor. What is the motion, Mr. Clerk? Mr. Hannon: Chair, Commissioners, it's my understanding that the motion by Commissioner Sarnoff is for the City Manager -- or it's directing the City Manager to present a budget for 100 police officers for the fiscal year '14/15 budget. Vice Chair Hardemon: I certainly didn't expect to have a conversation today for a motion on the floor in reference to amending the budget. I expected maybe in my naivete to have this discussion in September, because, of course, there was a budget that was presented to us by the Mayor and the City Manager. And there has been a great emphasis on the need of more officers in our community, and I agree that we need additional officers. I'm looking at a motion that was passed for the budget last year where we agreed to add on an additional, I believe, 100 officers? Chair Gort: Yes. Vice Chair Hardemon: And I know that that has not been fulfilled. So what I'm seeing is that there are complications to adding additional police officers , even if you put the budget there. You can put the money there, but then there are some actual things that need to occur to hire City of Miami Page 26 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 more officers. And so all of this gets me to thinking, well, what is it that we're trying to solve here? What issues are we dealing with? And what I'm continuing to hear is that the more officers you have, the less crime there will be, as if crime is a symptom of having less officers. Where I come from, we have this thing called "poverty." And from what I've learned, any time there's poverty, there's crime. So it just got me to just -- while I was sitting here, start to look up a few things. According to the 2012 US (United States) Census Bureau estimates, the largest cities with the high percentage of low-income residents, there were -- Miami ranked number 4, showing that 31.7 percent of the Miami residents live below the established poverty income level in the Unites States of America. They ranked behind Detroit, number 1; compare yourself to that; Cleveland, Ohio -- Detroit is 42.3 percent of their residents; Cleveland, Ohio, 36.1; Cincinnati, Ohio, 34.1; and Miami, Florida, 31.7. Additionally, there's other information that suggests that there's a wide disparity of median household income levels between non -Hispanics, Hispanics, and African Americans. Non -Hispanic Whites, $63,723 is their median income level; Hispanics, 25, 673; and African Americans, 18,710, and that doesn't say that this is a one -parent -- one person household. This is not a single person. These are sometimes families of three, four, five individuals. So when we think about this, it -- I asked myself, "Well, what else are we doing to help reduce the crime in our communities? Is it just that we need 100 officers? Is that the most prudent or financially responsible, fiscal -- or however you want to put it -- thing to do to solve crime here?" Yesterday I had the honor of being at the FACE (Film, Arts, Culture & Entertainment) program. They debuted a movie that the students made, and that's where, partly, I get this from, the "Towner for Life" cup that the students made; they were actually selling, so you could still buy those today. But there, there was a film that was displayed where a young man, who was living in Overtown, had a grandmother that he was living with; she died. And when she died he stayed in the house every single day until the police came knocking on the door for an eviction. Then they realized that he was living in the house. He ran away, so he was able to escape any type of assistance. And in his journey, he ended up about to rob a woman at the Metrorail Station. Now, any time before that, he wasn't that type of kid; actually very smart, very gifted, but the necessity -- the problem that he had was that he didn't have access to capital to -- he didn't have access to a job; he didn't have access to housing, things of that nature. So that's what comes to mind for me when I think about how do we solve crime. So for me to support a motion like this, we have to have a more holistic viewpoint of this. This is not just about putting more police officers on the street or allocating a budget to do that. We have to be able to address poverty in the areas where we're having nine people gunned down at one time, two people dying; where we have -- and all of you sitting up here, Commissioners, you get the text messages, you get the e-mails (electronic). Every time there is a shooting, or a stabbing, or something that's going on in a high -- in a community, nine times -- maybe eight times out of 10, it's District 5, it's District 5. And it's sad to say, but sometimes I think to myself -- I open it up and I say, "Please don't let this be District 5." But the reason that this is occurring in District 5 is not because District 5 is inundated with bad people; it's inundated with poverty. So the only way that I can see myself supporting an initiative where we're adding an additional 100 officers that may or may not hit the street is if we add some money in it for an anti poverty initiative that is in addition to what the Mayor has been doing over the past. We need to add whatever it cost -- let me be more clear. We need to add 1.5 -- $2 million more for an anti poverty initiative to be tacked upon this motion where we're adding additional officers. Because you just put more officers on the street; that's not going to solve our problem. Chair Gort: Go ahead. Commissioner Carollo: Mr. Chairman, thank you. I'd like to begin with what exactly is the motion on the table, because it's my understanding that we're directing the Manager to bring back a budget with an additional net 100 officers. That doesn't necessarily mean, from my understanding, that will be the only budget that he brings back. I think what the question is -- or what the direction is that he brings an option with 100 officers, because, ultimately, like Commissioner Hardemon said, I was expecting to have this discussion and debate in September. Just like Mr. Amandi said that there will be a lot more people here, and I think a lot more people City of Miami Page 27 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 will be more representative of the whole City, which I welcome. And by the way, I think, if you look at my history here up in the Commission, I have never, never shied away from discussion and debate. I always welcome it. And I think we should have that discussion, that debate, and include what the Police Chief maybe the union and everyone thinks to see how we remedy these issues that we're having. And by the way, Mr. Amandi, I've been known to be more of a -- someone who is active and not so much vocal. In District 3, we, too, had an issue of a spike in burglaries, and you can't even say it was a spike. It was a big cliff for a few months -- actually for a month or two -- and we were able to solve that issue. It did include additional officers, but it wasn't just that. That was part of the solution. Mr. Amandi: Sure. Commissioner Carollo: And to this day, that spike has not gone up; it's gone way down, and it hasn't spiked up again. Now, part of the solution was an additional officer. However, that was not the only solution. So I really welcome that debate in September. However, I will not be opposed to voting in favor of the motion that's on the table, but I want to make sure that what we're requesting is another option from the Manager to have a budget with an additional 100 officers, 100 net officers. Mr. Amandi: Net new. Commissioner Carollo: I definitely know the difference. So I will not be opposed to that, because ultimately, I think we need different options so that we can have a nice, healthy, long, prudent debate and make right, prudent issues with the correct information. I'll be honest with you, Commissioner Suarez. The other day in the last Commission meeting, you mentioned how some of the decisions -- and you had an example of the -- whoever will be our next Police Chief will be reflected on the Manager, but it's not just on police issues. That's just one department. I mean, even with CIP (Capital Improvements Program) -- Commissioner Suarez: Yeah. Commissioner Carollo: -- there are issues, and I think that, too, is reflected on the Manager, and I think it should be taken as a whole. So I think that all of these issues need to be brought to the forefront, and I think at the right time will be during the budget hearings, you know. And with that said, I just want to ver from the maker of the motion and the seconder that what we're asking and what we're directing is for the Manager to bring an option to the budget that clearly shows an additional net new 100 officers. And by the way, Mr. Amandi -- and you probably already know this -- there hasn't been one year, there has not been one year since I have been here as a Commissioner -- and I guess with Commissioner Gort and Commissioner Suarez. I can't speak about before I was here or with -- what occurred with Commissioner Sarnoff in that -- those Commissions, but there hasn't been one year since I've been here that we not have allocated -- this Commission has allocated "X" amount of dollars for police officers, and we have met that demand. Mr. Amandi: Yeah. Commissioner Carollo: So in other words, we have budgeted -- Commissioner Suarez: For more. Commissioner Carollo: -- more than what we have received. Mr. Amandi: Sure. Commissioner Carollo: So, in essence, at the end of the budget year, we have had a surplus of budgeted amount for police officers. Now -- and you have to start digging and drilling in there City of Miami Page 28 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 to see well, did we spend some of that money in overtime since we were lacking some officers in certain areas and we needed to make up for it, you know? So there's questions of that sort. But there hasn't been one year since I've been here as a Commissioner that we have lacked on funding for police officers. We have always funded "X" amount and we have never, as a City, reached that amount that we have funded it. Mr. Amandi: Mr. Chairman, may I be recognized quickly to discuss --? Ms. Holmes: Mr. Chair, if he's recognized -- Chair Gort: (UNINTELLIGIBLE). Ms. Holmes: -- then I -- Chair Gort: -- everybody. Ms. Holmes: I know that. Let's be fair. Mr. Amandi: Very quickly, to Commissioner Hardemon's point -- Commissioner Carollo, you're absolutely right. We're not saying there's a silver bullet; 100 net new officers is going to solve crime in the community. Part of the reason we want to bring this to your attention now and not in September is because in September when it came up last time, we were told, "Hey, the pie's been cut. You're going to make it more difficult." We're giving your more flexibility, hopefully, now to address this issue -- Chair Gort: (UNINTELLIGIBLE). Mr. Amandi: -- as opposed to later when the pie is cut. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, ma'am, you're recognized. Ms. Holmes: Mr. Chair, very shortly. Again, Madam Holmes. Chair Gort: After this we close the public hearing. Mr. Amandi: Thank you so much, Mr. Chairman. Ms. Holmes: Please do. This is what I'm talking about in privilege. I'm carrying this weight of women and children that are victims of high crime that we walk through every day, but I'm dealing with corporate America that's more privileged to do civic engagement here. I'm carrying a weight. I got CDB (Community Development Block) dollars going to buy fire and rescue in areas where corporate America thrives and they're worried about having their stuff stolen? My children are being stolen. So, please, you made a commitment in that last meeting to do so, but I'm going to ask the rest of these people that are business owners that don't even live in the area where their businesses area and they're crying "Oh, I'm so scared now; I want to get behind the wagon train." If we have a community -oriented policing and a park manager and all this input and we have not maximized on the resources -- and I, as a taxpayer, have double taxation without representation, because the bodies prove more, you have to look at what we're doing wrong in services, not the fact that we have to have more officers, but we have to have more good officers and not pay for those that are retired, unless we gone keep paying retirement pension funds and have them do the volunteering, 'cause I'm tired of working against the same people that are costing me in children. We are a third -world country when it comes to women and children dying in this community that are paying the same taxes as those folks. But if it's going City of Miami Page 29 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 to be a opportunistic and privilege to walk up here and tell me about how you scared and I'm losing my children seven to eight and we can't -- you know what? I think the International Human Rights Committee has some initiatives that we need to take a look at, 'cause this is just unwrong [sic]. I don't like being taxed in blood, then taxed for more officers, and then I get no respect, but everybody else gets the privileges. That's the balance of equity and fairness, and I don't see it, but I need it. I'll look forward -- Chair Gort: Thank you. Ms. Holmes: -- to having that debate and being more present. I'd like to have a hundred of my moms come in here and sit down, if you give me the opportunity, and tell you how they pay taxes and how they paid the ultimate tax in blood. I hear you, but I don't see you. Thank you. Chair Gort: Thank you. Yes, sir, you're recognized. Javier Ortiz: Thank you, Chairman. Javier Ortiz, president of the Fraternal Order of Police. Sitting here year after year and hearing the statements that are being made, Commissioner Suarez saying that we keep on banging our heads; the statements that are being made by Commissioner Carollo stating that we always fund for police officers; that's true; where Commissioner Hardemon says that we need to spend more money on services; absolutely. And if you walk into District 5, walk through the Pork and Beans, go through Liberty City and talk to the people, they don't have jobs; they don't have the resources in order to support what they're trying to do, and that's a better life. But every year we speak about funding more police officers, and politically, it sounds great, it sounds great. Oh, we're going to hire a hundred. "You can put a hundred. You can say a 150. You can pass a resolution saying 500. But you know what? You're not going to hire them. You're not going to hire them because you are not putting public safety as a priority; can't blame the Chief. Chief and I don't get along, but I'll tell you this much: He's doing everything that he can. Our recruitment and selection department is bigger than our homicide unit. You know how many people are solving murders here in the City of Miami? We have a terrible clearance rate for homicides. Sixteen. But how many people do we have looking for new cops? Twenty-one police officers. Twenty-one police officers stuck behind a desk, because you guys keep on passing these resolutions that we're going to hire 50, we're going to hire 100, but you don't put -- you're not putting the money in order to fund them. So obviously, when you have one of your largest units not even solving homicides but working on trying to hire cops, we have the Chief of Police saying we got 1,300 applicants here; we only hire 48, and you can't net them because of attrition. The only way that we're going to be able to solve this, folks, is by restoring benefits. Whether you like it or not, that's what it's going to come down to. We have negotiations next Monday. I'm putting together a new proposal that I believe is reasonable, and I think it could possibly solve the issues that we're having, and we won't have to bang our heads anymore. Thank you. Chair Gort: Thank you. Mr. Ortiz: And thank you, Chairman, for this opportunity. Chair Gort: Thank you. Commissioner Sarnoff Mr. Chair. Chair Gort: Okay. We going to close -- I think -- are you going to speak? Commissioner Sarnoff So -- Chair Gort: (UNINTELLIGIBLE). City of Miami Page 30 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff -- what I'd like to do, Mr. Chair, is hit a great big reset, because let's reframe the issue. Because sometimes, everyone in Miami seems to think we have a different pulse, and a different heartbeat, and a different brain power than every other municipality in the United States. We do it the Miami way, and I've never really quite understood that. So here's the reset, if you would: Washington, DC (District of Columbia), 6.8 police officers per 1,000; Baltimore, Maryland, 5.3 police officers per 1,000; Chicago, Illinois, 4.7police officers per 1,000,- Philadelphia, 4.7 police officers per 1,000; New York, 5.9 police officers per 1,000; St. Louis, Missouri, 5.8 police officers per 1,000; Miami Beach, Florida, 5.4 police officers per 1,000; Atlanta, Georgia, 4.9police officers per 1,000; Birmingham, Alabama, 5.2 police officers per 1,000; Hartford, Connecticut, 4.1 police officers per 1,000. Now, here's City of Miami pretty much sitting at -- let's just use the rounded number -- 2, because we go to 2.2 nighttime population; we go below that daytime population. So we would be comparable with the following cities: Lauderhill, Florida, 1.8 police officers per 1,000,- San Antonio, Texas, 2 police officers per 1,000; Elgin, Illinois, 1.9 police officers per 1,000; Duluth, Minnesota, 1.9 police officers per 1,000; Amarillo, Texas, 1.9 police officers per 1,000; Joliet, Illinois, 2.1 police officers per 1,000. Now, what in our DNA (deoxyribonucleic acid) makes us think that we can police a city of our size with our verticality -- with the vertical city we're becoming with 1.9 to 2 police officers per 1,000? What in our DNA makes us think that, one way or another, we could do it differently than New York, Philadelphia, Atlanta, Tampa? What about us makes us think we can do it differently? Why? It is -- it's inexplainable. It is inexplicable how we think we can do more with less. And these are -- I'll hand it out to you, Commissioner. This is the 2012 list of police data for all agencies serving at least 50,000 residents -- I would suggest to you we're about 500,000 -- that reported data to the FBI (Federal Bureau of Investigations). This is up -- I know -- I saw your -- the inquisitive nature of your eyes, 'cause you're thinking that's higher than we had reported before, and it is, because those police departments have added police officers since the conversation began. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Obviously, I want to see that data, so I'd have to go back to the record. But besides that, Mr. Chairman and Commissioner Sarnoff, what is the crime rate for these cities as compared to the City of Miami? Because we may be doing a lot more with less. So I'd like to see -- I would like to compare all these cities that have a lot more police officers per capita. I'd like to see what their crime rates are as compared to the City of Miami. Now, that doesn't mean that we may not still want to add more police officers, but still, I mean, you know, in all fairness, our Police Department may be doing a very good job and is being overlooked. So at the same time, I would like to compare each one of these cities that you mentioned, their crime rates, as compared to the City of Miami and see where we're at, and I think that would be more reflective of the whole picture. Commissioner Sarnoff And fair enough. Chair Gort: And at the same time, what I would like to see -- because you use the numbers quite a bit, and you use the -- during the daytime, we have 1.2 billion -- million people in the City of Miami, and that's part of your numbers -- the average of your numbers, and I'd like to get information. The highest population in the City of Miami at any one time is in downtown Miami and the Health District. I would like to get the crime statistics in those area. I would like to see that also, okay, downtown Miami and the Health District. Now, Mr. -- I think the Manager want to speak. Mr. Mayor, you're recognized. We'll make this a budget hearing. Mayor Tomas Regalado: No, just, I guess, trying to set the record straight in terms of the Police Department. It seems that this conversation can be seen as we have an ineffective Police Department. This is not what you are saying, but as a journalist, I can take it and turn it around, City of Miami Page 31 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 and show that this is an ineffective city in protecting the residents. But I've been following the news media in the last two or three weeks. There have been several horrible incidents in the City of Miami that had had a lot of media attention, and one of them was a girl, 11 years old, in Little Havana, who -- first, we were told that she committed suicide, because she was a cutter, because she was -- she had issues. And then, a few days after that, we were told that the stepfather was the one that killed the girl to make it look as a suicide. I, as a reader, as a listener, as a viewer, I was shocked, and then I was surprised that the Police Department was able to -- found all the details to get to this person, and there wasn't any way that this could have been avoided, because that person had access to that little girl's house. And then there was something in the river, in Allapattah by the river on 17th Avenue. An elderly resident was stabbed to death, and the media said it was a horrible -- apparently, they came in and these people just -- a gang came in and stabbed and killed this elderly resident and send his wife to the Trauma Center in Jackson Memorial, and it was horrible. It's like we're -- the people in the building was -- said We're very afraid. "And then few hours later, the police arrest the fiance of the couple's granddaughter, who had access to that house. And then we have the killing in -- the horrible killing of the City of Miami employee and pastor in Liberty City. A police officer was around the corner. He heard the shot. And on foot, he went in and arrested in Liberty Square the assailant. So I just -- I think that it would not be fair -- and I know that this is not what was saying; I'm just saying for the benefit -- to say that we -- crime is not under control. The police is doing -- the ratio of arrests, I think, that we have to find out. Commissioner Carollo is asking for crime in other cities. I think that we should get also the ratio of arrests, which means that the police is working. Commissioner Sarnoff Mr. Mayor, I'm not -- I don't want anyone or you to think in any kind of way that I am critical -- Mayor Regalado: Oh, no. Commissioner Sarnoff -- of the job the police are doing. Mayor Regalado: I just said. I just said it. I just want -- because I know -- ifI be sitting there as a journalist, I know what I will be writing, you know. Commissioner Sarnoff Well, I want to be clear on the record for whoever is writing this. I'm not suggesting in any way, shape, or form the Police Department is not one of the finest, if not the finest Police Department I've ever been exposed to, and I have some experience at this. But what I'm saying is -- and I want to say this on the record very clearly -- How many people in this audience have not had their car broken into, have not had some crime happen to them while in Miami? If you have, raise your hand. That's good; the Chief of Police and Danny Alfonso. Otherwise, nobody else raised their hand. So -- Mayor Regalado: I don't think it was in Miami, though. Commissioner Sarnoff -- I have -- Chair Gort: It was in Miami -Dade. Commissioner Sarnoff Right. I have what you call a `Miami Callous," and that is, while I live in the City of Miami and I just have to live with the fact my lawn mower, my bike, my car is going to be broken into, and that's just the way it is and God forbid, nothing else worse happens to you. And I'm trying to say, let's do away with the Miami callous. You have a right to believe and expect that you're not going to be any victim of any crime. And I'm trying to create, as Fernand Amandi said, a paradigm shift. You know, all this economic development money may not be necessary if you were a top -ten city in safety. If you were a top -ten city in safety, trust me, with the weather that the Northeast had last winter, they'll be down here hiring and they'll want to be here. Satisfy your school system, and I'm telling you right now, we'll have more economic City of Miami Page 32 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 development than any government can throw dollars in a community. Chair Gort: Thank you. Mr. Manager. Mr. Alfonso: Commissioners, Mr. Mayor, Mr. Chairman, the public that's here. I want to say that, clearly, we acknowledge in the Administration that -- to the victims of crime, no matter what statistics we use, it's irrelevant, because to the victim, it's a crime, it's personal. You know, we can talk about numbers for other cities and numbers of cops per thousand or whatever. Statistics are interesting. You know, when I was in my post -graduate degree program, I had a statistics professor who said, There are lies, there are damn lies, and then there are statistics. "So we use them as benchmarks because we need something to tie to, but ultimately, we need to analyze them and see where they lead. I want to correct a couple of things for the record. Over the next four years, including the end of this year, 16 -- '15, '16, and '17, we have 267 police officers who are in the DROP; in '18, there'll be another 40, so 307. So it's not 400 as stated. And I know -- another item that talks -- people talk about the 17 million of projected surplus. It's not a fact yet. It is a projected surplus in the current year. We could have a storm next month and that could be wiped out. And the $13 million that we possibly could receive from a vote that may pass or may not pass later this month, that could be or could not be there, but that is one-time money. That money comes one time as surplus; one time as a payment, and it would be not prudent to allocate those funds for an expense that comes year after year and grows with time. We all have opinions. I'm going to put the management's opinion. We advocate for a balanced budget that has a balanced approach. We have four labor contracts, which expire this September 30, which is being looked at and discussed with unions as we speak. We have many non police employees who also look to benefit from our improved position. We have capitals expenses in this city that have been deferred for the last four or five years. We have folks who want better infrastructure, we want better medians, we want better maintenance of our rights -of -way; all those things take recurring resources. More officers is part of the solution, but we need balance. There was a recent shooting on 62nd Street, and I went out that night -- was in -- as a matter of fact, it was after a Commission meeting. At that time I didn't know, but the next day we found out that it was actually a City of Miami employee who was killed that day. That was the Reverend Kenneth Johnson. He was a Parks employee. In my view, what we need to understand is why a 19- or 20 year -old person pulls a trigger and kills a 67-year- old man to rob him of his possessions. Vice Chair Hardemon: The money. Mr. Alfonso: It is certainly not need of more officers. We had a City of Miami police officer less than 50 yards away from that shooting. He was patrolling the area. He heard the shot. He followed the perpetrators. They were apprehended. Ten more cops wouldn't have stopped this stepfather from killing that daughter. It's not always about more cops. Yes, we have proposed more officers, but we also have to have balance in our budget. That is what I'm proposing. Thank you. Commissioner Suarez: Mr. Chair, ifI --? Chair Gort: Okay, let -- Yes, go ahead. Commissioner Suarez: Thank you. You know -- and I'm sorry, because this has kind of turned into a budgetary discussion. I apologize, Mr. Chair. You've been very patient with everyone. Chair Gort: It's going to be a budget hearing today and next (UNINTELLIGIBLE). Commissioner Suarez: I'll just be -- I'll try to be as brief as possible. I think we all are reflecting our separate realities. I know that in my district, when Igo to community meetings, one of the major complaints is we don't see enough officers, we don't see enough police presence, et cetera. City of Miami Page 33 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 So, to a certain extent, we externalize as Commissioners what we receive from our residents. I'm fully in favor of -- first of all, I agree with Commissioner Carollo, that this is a debate. I think if there was an easy answer, we would have concluded it, we would have done it, and we would have been -- we would be past this right now. I think we're all struggling with what the proper balance is, to use the Manager's term. And to use Commissioner Hardemon's term, I think we do need to look at things holistically, you know. I do -- I think we do -- and I think I was very persuaded by his argument on poverty and how that impacts crime, and it reminded me that all the difference are -- all the districts are different and maybe the needs of one or two that are doing, in this case, green initiatives in their district may be slightly different than another district. I don't know that we have the resources to solve the poverty issue as a government, but certainly, we have the ability to help. And I think when you see the youth employment program that we saw today and you see so many young people in our community that could be on the streets in the summer, could be that 14-year-old, could be that 19-year-old, but instead are working and are getting paid to work, those are the things that I'm very proud of, and I'm very thankful that the Administration was able to acquire that grant funding and was able to get that program going. I think it's an initiative that we should continue, if we can. So you guys are right, you know. I think -- I don't think we're going to be hurt in crime by having an extra hundred officers. I don't think anyone's making that argument. And you know, I think we can talk about how to pay for it over the course of the next month and a half. Thank you. Chair Gort: Thank you. My understanding is -- and since I'm Chairperson, I get the chance to speak last. My understanding is crime is not only the police can take care of all the crimes. You could have programs. You got to have people working as a team. I mean, we've been discussing crime for so many times, it's unbelievable. And all you have to look is look at the statistics in the different neighborhood, which is something we look at. I do agree that I think we should have some additional police officers. I think everywhere we go, it's the same thing; that we don't have police officers in the neighborhood; we don't see a police officer. What I would like to see is -- the way I interpret this resolution is giving the Manager a choice to come up with another budget where he can add the 100 police officers, but at the same time, how it's going to affect the rest of the departments, how it's going to affect the -- what's the effect going to be in these changes? Let's face it; it's give and take and where do we take from? So that's my understanding of this resolution. Yes, sir. Vice Chair Hardemon: Thank you very much. As I stated before, I would like to see -- and I'll move to amend the motion, and it may or may not pass, that amendment. But I would like to see $2 million be added to this motion that could be used for an antipoverty initiative, because at the end of the day, what my responsibility is -- or part of what I feel I should be doing is putting my constituents in jobs and not in prison. So it makes me think about -- it's like even if I had a cot in every pot, I don't think we would solve the problems that we have within the City of Miami or even making a significant difference, because the reason why people take a fake gold chain -- or an 18 year -old takes a fake gold chain from a pastor is because he thinks he can make money off of that fake gold chain. So I'd rather see, if we were more -- if I could have everything I want in life, a job in every household, I think that would make a big difference in our communities, especially the ones that are suffering from poverty. So I move that in addition to the stated motion that the Manager comes back and earmarks $2 million that is yet to be identified for whatever projects -- and I have projects that have been submitted to me every single day for an antipoverty initiative. Chair Gort: Okay, there's a motion. Is there a second? Mr. Hannon: Chair. Chair Gort: Yes. Mr. Hannon: Does the maker of the motion, Commissioner Sarnoff, accept the friendly City of Miami Page 34 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 amendment? Commissioner Sarnoff I was going to beat you to it, but -- I'll accept the amendment. However, I just want to be clear. I'm not simply going to say $2 million. I want to know what it's being spent on. I want to know how it's being spent on. I want to know who it's being spent on. I want to see a measureable -- all the measureables necessary -- Commissioner Carollo: Deliverables. Commissioner Sarnoff So, for right now, we're not really saying that. I will accept what you're saying and amend the motion, but I'm just giving you a heads up, Mr. Manager, that if you're going to appropriate that kind of money or you're going to present a budget, I want to know what the program is, the success rate of that program, what has been done before, what are the measureables, et cetera. So I'll accept that. Vice Chair Hardemon: And I would like to say, because I didn't know that this was coming before the Commission today, you don't -- I know I haven't delivered the deliverables just yet, but that was something I was prepared to do in the budget hearings, because we would have more time to deliver what programs we think -- because the way that I look at it is that I have so much need in part of my community that's dying that I have a responsibility of presenting a responsible budget that can help address that need within that community and throughout the City of Miami. So then, that is why, Commissioner, I stated it in the fashion that I did so we can at least earmark the money, so that when we come back with a different budget that has a budget for 100 new police officers that no one says to me, Oh, well, we didn't make room for an antipoverty initiative to address our big ills. "So that is something that is forthcoming, of course, in the budget to take care of because we have to take identifir what these -- what the spending will be on. Chair Gort: The seconder of the motion accept the amendment? Commissioner Suarez: Thank you, Mr. Chair. I will accept the amendment to the motion. I just want to say a few things -- two things, really. One is, I think the Manager highlighted something that's very important, which some expenses are one-time in nature and some expenses are recurring in nature, and I think that's another component of this aspect that needs to be analyzed. And then the second thing I would say is, as a suggestion, since we can't speak outside of the sunshine, is to look at our CDBG (Community Development Block Grant) economic development funds, because we were admonished by the Federal Government for not spending down our community development money. In some districts it's easier to spend down than in others. So I would be willing to be a beneficiary, a donor district in CDBG economic development funds, particularly if it's going to be -- if your plan is to make it on a recurring basis, you know, and that would be something that we'd have to debate and discuss, and obviously, the Manager can plan for that. But what I'm saying to you, Mr. Manager -- because this is a tricky game that we play here, because we can't talk to each other, and we could have sunshine meetings, theoretically, and we should probably, but certainly, you know, you've taken a position and we've had some debate about it -- and I won't get into the specifics of it, because then we really will have a budget meeting here -- that something shouldn't be looked at on a district -by -district basis; should be looked at on a little bit more of a holistic nature. So I'm just putting that out there for your consideration, for your consideration, Mr. Vice Chair, and others here that there may be funds available through Community Development, economic -- that are already there that can help fund that, and I would be willing to be a donor, and I'm not -- can't specify the amount at this particular juncture without having looked at what I have available and what are the needs of my district, but I think I could safely say that I could be a donor to that to your district. Commissioner Carollo: Mr. Chairman. City of Miami Page 35 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Yes, sir, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Various points. First of all, Mr. Manager, is it possible to have a balanced budget with an additional 100 officers, net officers? Mr. Alfonso: If we cut other things. Commissioner Carollo: But the bottom line is, is it possible to have a balanced budget with an additional net 100 officers? Mr. Alfonso: Additional net 100 officers would be another 80 beyond the 20 that we had proposed -- I'm going to answer your question, Commissioner -- so that we have right now $16 million of unallocated reserves in the proposed budget; 5 million and a half of that is related to the proposals of labor that we had put forth, and another 9-plus million is the annual unallocated reserves that we put into the budget, because we're not where we need to be. If we wipe out that reserve and/or eliminate capital projects or eliminate some of the other things I've put into the budget, yes, you could have another 80 officers. Commissioner Carollo: So the bottom -- no, not an additional 80; additional 100. Mr. Alfonso: Commissioner, we already have 20 in the budget, so we would need 80 more. Commissioner Carollo: Understood. So it is possible to have a budget that is balanced and have an additional net 100 officers? Mr. Alfonso: The answer is yes. The question -- Commissioner Carollo: Bring us that proposal and let us debate it, and that's all that this motion stipulated. It's as simple as that. Now, I know Commissioner Hardemon has put an amendment on there. Commissioner, I am very well aware of the recurring and the nonrecurring. So again, this is not a debate that I expected to have today. I want to have that in September. But I do want to point out -- and I think I'm going to point out more and more -- that as far as poverty, there's poverty citywide. I'm not going to give you my numbers. I'm going to give you the Federal Government's number, and it's done for us through our CDBG program/economic development. They do the calculation for us. They show which districts have the most poverty. Yours have it. You're ranked number one, unfortunately. But Little Havana in District 3, is right behind you. We're right behind you. Chair Gort: So is Allapattah. Commissioner Carollo: And then, third, is Allapattah, yes. So what I'm saying is we also have lot of need in Little Havana. And, as I'm going to show you later on -- and again, I -- as my colleagues know and I have demonstrated, even though District 3 is the district with the least amount of parks -- and I mean by a long shot. I mean, our master plan stipulates it -- I still voted for 1814 Brickell, because I still believe that just because District 3 doesn't have it, it doesn't mean if there's an opportunity somewhere else, they should have it, because I do believe in one City -- one community/one City, and we should all work together. But even in this agenda, I'm going to be voting in favor of many of these items, but I will, in a friendly manner, just point out District 3 doesn't have this, District 3 doesn't have this, District 3 doesn't have this. And by the way, we are very needy. So I just want to point that out. I don't have an issue with the amendment, because the bottom line is, it's not a done deal; we're not voting for it, but it gives the Manager an opportunity to bring it back to us for us to have a healthy debate. Commissioner Suarez, you mentioned something and -- with regards to CDBG and CIP, I know this is nothing new. In order for us to make prudent decisions, we need information. That City of Miami Page 36 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 information comes from the Administration. If that information is not provided to us, we cannot make prudent decisions, we cannot make educated decisions; and it tells a lot about our Administration, where we are. Now, in all fairness, I can't put everything on them right now, because even our auditors a year ago said the issues we've had with CIP. I mean, the CAFR (Comprehensive Annual Financial Report) -- the audited financial statements were held up I don't know how many months because of that. However, the only way that we can make prudent decisions and educated decisions is by having the information. We actually saw it when we first - - when I first got elected, when you first got elected, how I was -- let's put it in a diplomatic way - - kindly requesting budget information, and those that were here know we weren't receiving it. It has gotten much better, but it's not just with regards to the budget. CIP is another big issue, because, yes, we might be able to solve some of the issues within our budget through other means, but we need that information. I won't say any more. I'll be looking forward to the debate, the discussion for the September budget hearing. And I will be voting in favor of this recommendation or this direction directing the City Manager to bring back a budget -- doesn't necessarily have to be the only budget. I mean, we have what you -- what the Mayor's budget is that he's presented, but we want options. I think this Commission is not going to rubber stamp anything. And I think we've come a long ways. We've dealt with a lot as a Commission, as a City, and this Commission is not going to rubber stamp anything from the Administration. So please bring it to us, your recommendation. You already stated that we can have a balanced budget with an additional net 100 officers. Let's see that budget, let us debate it, and let's move forward in a prudent manner. Thank you. Chair Gort: Okay. My understanding, once again, is we're going to have the budget that was presented by the Mayor. At the same time, the request that is this resolution today, and this gives you plenty of time to look at it, make the changes, bring it to this Commission; what are the changes going to take place. And let's face it; you put here, you got to take from some other place and so on. So all in favor, state it by saying Eye." The Commission (Collectively): Aye. Chair Gort: Thank you. Thank you, Mr. Manager. You give him a chance to -- them to think about how they're going to do it. Mr. Alfonso: Thank you, Mr. Chair. Chair Gort: How it's going to affect us. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 14-00563 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM Economic ("SHIP") FUNDS, IN THE TOTAL AMOUNT OF $1,213,631.00, FOR FISCAL Development YEAR 2014-2015, FOR THE STRATEGIES UNDER THE CURRENT SHIP LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 37 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00563 Summary Form.pdf 14-00563 Notice to the Public.pdf 14-00563 Pre-Legislation.pdf 14-00563 Back -Up from Law Dept..pdf 14-00563 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0277 Daniel Alfonso (City Manager): Public hearings. PH.1. Chair Gort: Yes. Mr. Alfonso: I apologize. PH.1, Commissioners, is a SHIP (State Housing Initiative Partnership Program) grant. George. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution authorizing the acceptance of State Housing Initiative Partnership funds, SHIP funds, in the total amount of approximately $1.2 million, for fiscal year 214/215 [sic]. These funds are typically used for our Single -Family Rehab program and our Single -Family Replacement Home program, as well as the Single -Family Homebuyer program. Chair Gort: Okay. Commissioner Sarnoff. So moved. Chair Gort: It's been moved by -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Sarnoff, second by Commissioner Suarez. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearings. Any further discussion? All in favor, state it by saying i. ye. " The Commission (Collectively): Aye. Chair Gort: Thank you, sir. PH.2 RESOLUTION 14-00565 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF NEIGHBORHOOD STABILIZATION PROGRAM 1 ("NSP1"), Economic INCOME IN THE TOTAL AMOUNT OF $501,337.00 TO THE DEPARTMENT Development OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE ADMINISTRATION OF THE NSP1 IN THE AMOUNT OF $50,134.00, AND UP TO THE AMOUNT OF $451,203.00, FOR THE CONSTRUCTION OF NEW AFFORDABLE HOMES AT CITY OF MIAMI OWNED SITES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 38 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00565 Summary Form.pdf 14-00565 Notice to the Public.pdf 14-00565 Pre-Legislation.pdf 14-00565 Back -Up from Law Dept.pdf 14-00565 Legislation.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, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0278 Chair Gort: PH.2. George Mensah (Director, Community and Economic Development): PH.2 is a resolution of the Miami City Commission that authorizes the allocation ofNSP1 (Neighborhood Stabilization Program) program income, in the total amount of approximately $500, 000, and allocating the funds to Administration, 50,000 -- about 50,000, and approximately 451, 000 for construction of new homes in the City of Miami. Chair Gort: Thank you. Commissioner Sarnoff So moved. Commissioner Suarez: Second for discussion. Chair Gort: Been moved by Commissioner Sarnoff second by Commissioner Suarez. It's an open -- public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. You're recognized, Commissioner. Commissioner Suarez: Mr. Chair, I just have a question for you. Could these funds be used -- We've talked a lot about illegal efficiencies, and one of the things that I had always thought about is a lot of our particularly new buyers that come in and buy a property has illegal efficiencies. They may not have the money or they may not even realize that they bought something with illegal efficiencies. And one of the things that we looked at, kind of in combination with the rehab program, is somebody coming in and asking for a grant so that they can put their property up to code. Is that something -- Mr. Mensah: Yes. Commissioner Suarez: -- that we can use these funds for? Mr. Mensah: Yes. Not these particular funds, but the first one, the SHIP funds -- Chair Gort: Yes. Mr. Mensah: -- can be used for that purpose, and we typically -- I think the issue sometimes we run into is that some of these homeowners don't want to change the efficiencies, and that's part of the problem. Commissioner Suarez: I understand, but I -- believe it or not, I actually run into a lot of them that do want to do it; they just don't have the resources. So can you create a pilot program in my district, you know, with a certain amount of funding enough to do a few projects to come back City of Miami Page 39 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Mensah: No. We have -- our single-family program includes that, so -- Commissioner Suarez: Okay, so we can do that? Mr. Mensah: Code enforce -- Yeah. Commissioner Suarez: Okay. Chair Gort: My understanding is we have up to $10, 000 for code compliance. Mr. Mensah: We do. No, you're talking about the facade, which is the -- Chair Gort: The facade that's with Code compliance. Mr. Mensah: -- facade and code compliance, but -- Chair Gort: We have up to $50, 000 for code compliance. Mr. Mensah: Fifty thousand dollars on a single family for code compliance and rehabilitation program. Chair Gort: Now let me ask you a question. Those are contracts issued by the City of Miami, funds used by the City of Miami. Do we have in the contract where they have to use local and employ local people where this taking place? Mr. Mensah: No. This is a contract not between the City of Miami and a contractor. This is a contract between the homeowner and the contractor. Chair Gort: But who supply -- they select their own contractor? Mr. Mensah: They -- we go through a bidding process and they select their own contractor, yes. Chair Gort: But we do qual the contractors? Mr. Mensah: Of course, we do. Chair Gort: Of course. Mr. Mensah: Yes. Chair Gort: Can we put in those -- part of being qualified, to be able to hire individuals in the neighborhoods? Just look at it, because this is one way that we can help people. Mr. Mensah: Okay. Chair Gort: Okay. Mr. Mensah: We can look at it. Chair Gort: Thank you. Yes, sir. Vice Chair Hardemon: Mr. Chairman, I -- because there has to be a way we can do this, because if we're using public dollars, I feel like if you want to do business with our City, then you should follow our rules. We can make them reasonable, but there has to be a way we can do this. And so what we're looking for is -- this is what we -- like my -- I can't say that, because that City of Miami Page 40 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 wouldn't be right. Chair Gort: That's why (UNINTELLIGIBLE). Vice Chair Hardemon: But like a lot of judges do: "This is the opinion that I want to render. Now find me the research to support it." Is that fair? Mr. Mensah: Commissioner -- yeah, I can -- I'll meet with you and discuss with you. We -- inasmuch as this is City funds, it's also Federal funds, and we are governed more by federal regulations than City regulations. The Section 3 program is the one that governs other programs where we are required to hire on the Federal level city -- local workers. However, that doesn't apply to the single-family program. So we will meet. I will look at it and see how (UNINTELLIGIBLE). Chair Gort: The Federal might not require it, but we can require it. I'm sure we can sit down with our attorneys and we can work it out. Mr. Mensah: We'll look at it, Commissioner. Chair Gort: Okay. Mr. Mensah: No problem. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 14-00582 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS General Services (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE Administration CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR FORMAL COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF FUEL COLLARS AND ELECTRONIC COMPONENTS FOR THE AUTOMATED COMPUTERIZED FUEL FACILITY SYSTEM (FUELOMAT SYSTEM), FROM AHA ELECTRONIC AND FUEL SYSTEMS, INC., THE SOLE SOURCE PROVI DER, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND THE DEPARTMENT OF FIRE -RESCUE, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00582 Summary Form.pdf 14-00582 Notice to the Public.pdf 14-00582 Memo - Sole Source Findings.pdf 14-00582 Back -Up - Previous Contract.pdf 14-00582 Pre-Legislation.pdf 14-00582 Back -Up from Law Dept.pdf 14-00582 Legislation.pdf City of Miami Page 41 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 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-14-0279 Chair Gort: Okay, we can go back to now four -fifth. Daniel J. Alfonso (City Manager): PH.3, Commissioners. Chair Gort: PH.3. Ricardo Falero: Yes. Good morning. Rick Falero, director of GSA (General Services Administration). A resolution of the City of Miami Commission, by a four -fifth affirmative vote, approving and confirming the City Manager's finding for a sole source, waiving the requirement for formal competitive bidding acquisition of the fuel collars and electronic components of automated computerized fuel facility system from AHA Electronic Fuel System. It's a one-year, with options to extend for three additional one-year periods. Chair Gort: Okay, thank you. It's a public -- Is there anyone in the public would like to address PH.3? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ricardo Falero: Thank you. PH.4 RESOLUTION 14-00561 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS AND RECOMMENDATIONS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85(A) AND 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE CITY OF MIAMI'S DEPARTMENT OF GRANTS ADMINISTRATION, EDUCATION INITIATIVES THAT ARTS FOR LEARNING/MIAMI, INC., A FLORIDA NOT -FOR -PROFIT ORGANIZATION, AND EXCEPTIONAL CONSULTING EDUCATIONAL LEADERS, INC., A FLORIDA FOR -PROFIT CORPORATION, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY City of Miami Page 42 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL SERVICES AT KINLOCH PARK AND CURTIS PARK FOR THE MIAMI LEARNING ZONE OUT OF SCHOOL PROGRAM ("PROGRAM"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICE AGREEMENTS, AND AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC., IN AN AMOUNT NOT TO EXCEED $20,000.00 AND ARTS FOR LEARNING/MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $14,000.00, FORA PERIOD COMMENCING AUGUST 1, 2014 THROUGH JULY 31, 2015, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS, FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00561 Summary Form.pdf 14-00561 Notice to the Public.pdf 14-00561 Memo - City Manager - Exceptional Consulting.pdf 14-00561 Memo - City Manager -Arts for Learning.pdf 14-00561 Back -Up from Law Dept.pdf 14-00561 Legislation.pdf 14-00561 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0281 Direction by Vice Chair Hardemon to the City Manager for the Director of Grants Administration to provide a report containing a list of organziations that receive matching funds from the City of Miami associated with Children's Trust grants; in addition to a description of the services that these organizations provide. Chair Gort: PH.4. Lillian Blondet (Director, Grants Administration): PH.4, a resolution of the Miami City Commission, with attachments, by a four -fifth affirmative vote, after an advertised public hearing, ratifying, approving and confirming the City Manager's findings and recommendations that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Sections 18-85(A) and 18-86(A) (3) (C) of the Code of the City of Miami, Florida, as amended; waiving requirements for said procedures; approving the findings and recommendations of the City of Miami Department of Grants Administration Education Initiatives that Arts for Learning Miami, Inc., a Florida not -for -profit organization, and Exceptional Consultant Educational Leaders, Inc., a Florida for -profit corporation, are the most qualified firms to provide instructions, family activities, mentoring, community workshops, and other such activities in conjunction with educational services at Kinloch Park and Curtis Park for the Miami Learning Zone Out -of -School program; authorizing the City Manager to negotiate and to execute, after consultation with the City Attorney, service authorization letters, professional service agreements, and amendments, extensions, renewal, and modifications in compliance with the related form of the Children's Trust contract, respectively, with Exceptional Consulting for Educational Leaders, Inc., in an amount not to exceed $20, 000 and Arts for City of Miami Page 43 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Learning, Inc., in an amount not to exceed $14, 000, for a period commencing August 1, 2014 through July 31, 2015, for the option to renew for up to two additional similar periods at the same not -to -exceed amounts under the same terms and conditions for the program, subject to budgetary approval at the time of need. Chair Gort: Thank you. Will you explain why we need the four -fifth? Ms. Blondet: The four -fifth -- we have to come to Commission -- Chair Gort: And the process of this -- Ms. Blondet: Yes. Chair Gort: -- people have to go through. Ms. Blondet: As I mentioned before, these are Children's Trust grants. And when we apply for the grants, we have to apply with certain vendors in the application. They are -- These vendors are already approved by the Children's Trust when we come in front of you, so we just couldn't go with any vendor out there. They have to go through the Children's Trust and be one of their vendors providers in their list. Chair Gort: Thank you, ma'am. Yes, ma'am, you're recognized. Renita Holmes: Thank you, Mr. Chair. And again, yes, and these are pre -approved through the Children's Trust. My question, Mr. Chair, in performance, when these partners pre -approve to the Children's Trust specifics, do we have specifics or do we have performance levels or guidelines that we're not meeting here in our community? Is there a special group initiative? Is there some cross (UNINTELLIGIBLE)? Because I'm asking questions that I may already have a documentation of but I don't think you all realize that there are plenty of good program programs. So is it a Children's Trust privilege to give in mat -- our matching -- or our privilege -- or a privilege for us to be noncompetitive for our own matching funds to someone who's already had a selected committee? And if so, I, as a citizen, need to know what's their performance and how it is that they're performing. Or whose neighborhood is this? Is it my neighborhood? I need a lot more specific data and information to do that, because we're not getting it. Chair Gort: Okay. Ms. Holmes: Okay. And I don't think that's justice or fairness. And I love the fact that the Children's Trust do it, but here's the question: Why aren't we getting it? Or why are the same groups getting it with waiver of negotiations or anything and we still see this gap of bodies slipping in organizations like myself, who are not accessing the resources we need? Chair Gort: Thank you. Ms. Holmes: Is there a privilege here of -- not advantageous, but is there a privilege here? Chair Gort: Thank you. I'll make sure she'll give you all the information. Ms. Holmes: I would like -- Ms. Blondet: I can meet with you, if you want, and go over the details. These are renewable grants. This is the fourth year of a grant. Ms. Holmes: IfI may, through the Chair. I just want to identifir the gaps, because I know -- I sat City of Miami Page 44 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PH.5 14-00558 on some of the boards. Some of the organizations that are getting the funds did memorandums of understanding. And then, once they get the money and access our tax monies, they drop off, and there's a performance issue here. So if we're going to say it's a recommendation and they're waiving it, to whose advantage is it? Thank you. Chair Gort: Thank you, ma'am. Yes, sir, you're recognized. Vice Chair Hardemon: Thank you. Can you provide me a report of the list -- a report of the organizations that are receiving matching funding and what it is that those organizations do, like matching funcfing through the City? Just like -- Ms. Blondet: You're saying for Children's Trust grants or -- Vice Chair Hardemon: For -- Right. So -- Chair Gort: Right. Ms. Blondet: -- the ones that the City has? Vice Chair Hardemon: -- what I'm assuming is that there are Children's Trust grants that the City of Miami is bringing up money to match so that those organizations -- to help receive those grants. Ms. Blondet: Um-hmm. Vice Chair Hardemon: So what I'm asking for is a report on the list of those organizations and what they do. Ms. Blondet: Okay. Yes, we can. Vice Chair Hardemon: Thank you so much. Ms. Blondet: We could do it for our programs and other programs citywide. Chair Gort: Thank you. Make sure she gets a copy and all of us. Ms. Blondet: Okay. Chair Gort: Thank you. Ms. Holmes: Thank you. Chair Gort: Do I have a motion? Vice Chair Hardemon: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 45 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS AND RECOMMENDATIONS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE FINDINGS AND RECOMMENDATIONS OF THE CITY OF MIAMI'S DEPARTMENT OF GRANTS ADMINISTRATION, EDUCATION INITIATIVES THAT EXCEPTIONAL CONSULTING EDUCATIONAL LEADERS, INC. AND CONEE, INC., BOTH FLORIDA FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH PARENTING SERVICES AT VARIOUS CHILDCARE CENTERS WITHIN THE CITY FOR THE FAMILIES FIRST PARENTING PROGRAM ("PROGRAM"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICE AGREEMENTS, AND AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE CHILDREN'S TRUST CONTRACT, RESPECTIVELY, WITH: EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, INC., IN AN AMOUNT NOT TO EXCEED $72,000.00 AND CONEE, INC., IN AN AMOUNT NOT TO EXCEED $18,000.00, EACH FOR A PERIOD COMMENCING AUGUST 1, 2014 THROUGH JULY 31, 2015, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS, UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 14-00558 Summary Form.pdf 14-00558 Notice to the Public.pdf 14-00558 Memo - City Manager - Exceptional Consulting.pdf 14-00558 Memo - City Manager - Conee Inc.pdf 14-00558 Pre-Legislation.pdf 14-00558 Back -Up from Law Dept.pdf 14-00558 Legislation.pdf 14-00558 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0282 Lillian Blondet (Director, Grants Administration): PH 5 is related to a parenting program that we have in the City, also funded by the Children's Trust. A reso -- PH.5 is a resolution of the Miami City Commission, with attachments, by a four fifth affirmative vote, after an advertised public hearing, ratifying, approving and confirming the City Manager's findings and recommendations that competitive negotiation methods and procedures are not practicable or advantageous pursuant to Section 18-85(A) of the Code of the City of Miami, Florida, as amended; waiving the requirements for said procedures; approving the findings and City of Miami Page 46 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 recommendations of the City of Miami Departments [sic] of Grants Administration, Education Initiatives that Exceptional Consulting Educational Leaders and Conee, Inc., both Florida for profit corporations, are the most qualified firms to provide instruction, family activities, mentoring, community workshops and other such activities in conjunction with parenting services at various childcare centers within the City for the Families First Parenting program; authorizing the City Manager to negotiate and to execute, after consultation with the City Attorney, services authorization letters, professional service agreements, and amendments, extension, renewals, and modifications in compliance with the related form of the Children's Trust contract, respectively, with Exceptional Consulting for Educational Leaders, in an amount not to exceed 72,000, and Conee, Inc., in an amount not to exceed 18, 000 for -- each for a period commencing August 1, 2014 through July 31, 2015, with the options to renew for up to two additional similar periods at the same not -to -exceed amounts, under the same terms and conditions for the subject program -- for the program, subject to budgetary approval at the time of need. Chair Gort: Thank you. Yes, ma'am, you're recognized. Renita Holmes: Again, Madam Holmes, the Women's Association Alliance against Injustice and Violence Epidemic in the Assertive Strategies program. My concern -- and through the Chair -- is a request for information. And if you can help me define what is "exceptional consultation"? And when I look at the majority of the budgets -- and consultants make quite a bit, but I always thought consultants were the experts 'cause I -- you tell me; I've been consulting with the consultants all this time and they're just getting -- come -- paid to tell me what I -- So I would like to -- I appreciate your requesting the report. However, I would like a definition of what is exceptional consulting, and where are the recommendations that substantiate the waiving, and where are the findings that we have; are they documented here? May I review them, please? Chair Gort: Yes, ma'am, they'll get you a copy of that. Ms. Holmes: Oh, and ditto on the last item, everything I said about the last item. Chair Gort: Okay. Ms. Holmes: Thank you. Chair Gort: Anyone else in the public would like to address? Seeing none, hearing none, close the public hearings. Do I have a motion? It's been moved by Vice -- Commissioner Carollo: Second. Chair Gort: -- Hardemon; second by Commissioner Carollo. Commissioner Carollo: Discussion. Chair Gort: Discussion. Commissioner Carollo: And by the way, there is a reason why we need a four -fifth, but I'll put that aside. I'm just going to again, say I will be supporting this, but at the same time, these are definitely services that Little Havana can use. And I can assure you, there are qualified organizations that can do these services. Ms. Blondet: Okay. Commissioner Carollo: And there is a reason why this needs a four -fifth approval. But anyways, with that said, I'll be voting in favor of this. City of Miami Page 47 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Ms. Blonde). Okay. Chair Gort: Vice Chairman. Let me -- Vice Chair Hardemon: I'm sorry; I -- Chair Gort: That's the same question I requested, and my understanding is all these veterans have to go through a process to be qualified by the funding agency, and that's the reason why, okay? Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.6 RESOLUTION 14-00567 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OF AN APPROXIMATELY TWELVE (12) FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA, (KNOWN AS MUSEUM PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, WITH FULL RIGHT TO INGRESS THERETO AND EGRESS THEREFROM ON THE PROPERTY. 14-00567 Summary Form.pdf 14-00567 Notice to the Public.pdf 14-00567 Legislation.pdf 14-00567 Exhibit A.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-14-0283 Chair Gort: PH 6. Mark Burns: Commissioners, Mark Burns, interim director ofPublic Facilities with the City of Miami. I'm bringing forth PH.6, a resolution granting to Miami -Dade County Water & Sewer Department a perpetual nonexclusive easement of an approximately 12-foot-wide strip of City -owned property located at Museum Park. Chair Gort: Okay, thank you. Is there a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. City of Miami Page 48 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Vice Chair Hardemon: Second. Chair Gort: Second by Commissioner Hardemon -- Vice Chairman. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair, it's a public hearing. Chair Gort: Public hearings. Anyone in the public would like to address this one issue? Seeing none, hearing none, public hearing's closed. PH.7 RESOLUTION 14-00568 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CHARIFF SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14-00568 Summary Form.pdf 14-00568 Notice to the Public.pdf 14-00568 Legislation.pdf 14-00568 Attachment 1.pdf 14-00568 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0284 Chair Gort: And I apologize; we're going to stay until 12:30, please, three more minutes. Unfortunate, I skipped a lot of the PH (public hearing) and I'd like to finish them. PH.7. And I apologize; I -- Eduardo Santamaria (Director, Public Works): Good afternoon, Commissioners. Ed Santamaria, director of Public Works. PH.7 -- Chair Gort: Go ahead. Mr. Santamaria: Forgive me; locating it in my book. PH.7 is a resolution accepting the final plat of the Chariff Subdivision. The applicants are 3625 Design District, LLC (Limited Liability Company). It authorizes the City Manager to execute the related documents for the plat and for recording with Miami -Dade County. Chair Gort: Thank you. Public hearing. Is anyone would like to address the issue in the PH.7? City of Miami Page 49 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Quick question to the City Attorney. I want to ver that since it's a plat, if they meet the requirements, we, in essence, have to vote in favor of it, correct? Victoria Mendez (City Attorney): Yes, if they meet all the technical requirements. And in this case, Mr. Santamaria, is there any --? Mr. Santamaria: There are no reservations. Commissioner Carollo: So they've made all technical requirements. So, in essence -- and we've discussed this in the past, but I just want to make clear -- make it clear for the record. So, in essence, if they meet all the requirements, we, in essence, have to vote in favor of it, correct? Ms. Mendez: Right. If it's ministerial -- because it's considered ministerial. It depends, though, how many things they're doing on a plat and maybe that can change, but in this particular situation, it's pretty straightforward. Chair Gort: Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.8 RESOLUTION 14-00571 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RESORTS WORLD MIAMI ONE", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBITA", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND ACCEPTING A NON-EXCLUSIVE DRAINAGE EASEMENT AND A NON-EXCLUSIVE EMERGENCY VEHICLE ACCESS EASEMENT, IN FAVOR OF THE CITY OF MIAMI, UPON THE "RESORTS WORLD MIAMI ONE" PLAT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF GRANT OF EASEMENT AND RESTRICTIVE COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM. City of Miami Page 50 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00571 Summary Form.pdf 14-00571 Notice to the Public.pdf 14-00571 Legislation.pdf 14-00571 Attachment 1.pdf 14-00571 Exhibit A.pdf 14-00571 Exhibit B.pdf 14-00571 Exhibit C.pdf 14-00571 Exhibit D.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0285 Chair Gort: PH.8. Eduardo Santamaria (Director, Public Works): PH.8. PH.8 is a resolution accepting final plat of Resorts World Miami One. It authorizes the City Manager to execute the documents for recording the plat with Miami -Dade County. It provides for the acceptance of a nonexclusive drainage easement and a nonexclusive emergency vehicle access easement. Chair Gort: Okay, thank you. It's a public hearing. Is anyone would like to address? Yes, ma'am, you're recognized. Vicky Garcia -Toledo: Good morning. For the record, Vicky Garcia -Toledo, with the law firm of Bilzin Sumberg, on behalf of Resort [sic] World Miami. We fully support and hope you will also support the recommendation of the Public Works Department. If there's any questions, I'm here to respond to them. Chair Gort: Thank you. Is anyone else? Seeing none, hearing none, close the public hearings. Do I have a motion, comments? Commissioner Sarnoff So move. Chair Gort: It's moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Second by Commissioner Carollo for discussion. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I'm going to have the same question that I had in the previous agenda item. Every time that an issue with a plat has come before us, I have gotten from former City Attorneys and from this City Attorney the answer that if they meet all the requirements that the City Commission has to approve the plat. Is that correct? Victoria Mendez (City Attorney): Yes. Mr. Santamaria: Again, we have no reservations in connection to this plat. Chair Gort: You're recognized, Vice Chairman. Vice Chair Hardemon: Thank you very much. Do any of the exceptions of Section 3.11 of Miami 21 apply to this property? City of Miami Page 51 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Santamaria: To the best of my knowledge, it's in compliance with Miami 21. Vice Chair Hardemon: No. But my question is, Do any of the exceptions of 3.11 -- so exceptions listed are, for instance, transect zones T3, T4R, DI, D2, and D3. It says, unless the site is a new commercial retail office or restaurant use. So there is some restrictions -- for instance, on this property, I believe this is where we have the waterfront walkway, right? In Miami 21 you have to build the walkway that's accessible to the public on -- directly into the waterfront, unless there are some exceptions that are made, and those are some listed exceptions, the T3, T4R, DI, D2, and D3. So what I'm trying to figure out is the way that it is today, do -- or -- do they have a responsibility of building this public walkway along the water? Nzeribe Ihekwaba (Assistant City Manager/Chief of Operations): Good morning. Zerry Ihekwaba, former Public Works director, now ACM (Assistant City Manager). Yes, I think in the subdivision regulation in Chapter 55, as well as in Miami 21, and also the comments from the technical committee of Plat and Street Committee, the platting entity is obligated to build the public bay walk. Vice Chair Hardemon: Now, after this vote, will they still have the responsibility? No exception. Will they still have a responsibility of building a public walkway along the water? Mr. Ihekwaba: Yes. That's my understanding. Ms. Garcia -Toledo: Through the Chair, if I may? Chair Gort: Yes, ma'am. Ms. Garcia -Toledo: Very good question. In fact, part of the reason for replatting this site is that the previous owner, Knight Ridder, in the 1980s obtained an exception from the City Commission so that Knight Ridder would not have to build the bay walk. And so that is an easement in an agreement that is attached to the plat. One of the reasons we're replatting is to remove that restriction so that, in fact, the new owner can build the full bay walk, and a full bay walk is part of the design goals of the new project. Vice Chair Hardemon: And my last question would be -- Chair Gort: Yes, sir. Vice Chair Hardemon: And I know you, Mr. Chairman, you made this request previously, and I think this applies not only to this one, maybe to some other items that we have on the agenda. However, this -- the restrictive covenants that we have -- and I can't think -- 'cause I didn't write any notes on this one about whether or not it gives the permission just with the property owner and the City Manager to make changes to the restrictive covenant. I've seen other ones in the agenda that say the same thing, as I've seen them in the past. I know the Chairman stated that he would like for any time we make changes to restrictive covenants, to bring them back before the Commission, because that's part of the reason that they were able to get the restrictive covenant, because of the agreement that they've made with the Commission and with the Administration. So in this item, PH.8, can we also include language that mentions -- for the restrictive covenant, that it must come back to the Commission if there are any changes? Chair Gort: Any changes restricting government have to be approved by the Commission, not only by the Administration. Ms. Mendez: It depends. The document -- as Commissioner Hardemon described, the documents sometimes say depending if it's something that's very ministerial, it'll say the Public Works director, designee, or the Zoning director, or all the disciplines -- let's say for something City of Miami Page 52 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 6:00 P.M. PH.9 14-00566 Department of Capital Improvement Programs/Transportat ion very simple, a unity of title, you had two lots; you created one lot because you were going to build a pool. Then all of a sudden you want to subdivide, you take out the pool, and you want to, you know, make the two lots two different lots again. That is something that probably will only go through staff only. But when it's something that this Commission designates or puts as a condition, then usually that will say "the City," and "the City" is the City Commission. And so I don't know if that clarifies things for how usually covenants are released or not released. Vice Chair Hardemon: Mr. Chairman. Ms. Mendez: So if it's a condition that is placed -- implemented through this process, we will usually only release it through this process, which is the City Commission. Vice Chair Hardemon: And Mr. Chairman, from what I've read, there wasn't anything in this item, much like any other item where we were discussing, that would require necessarily the Commission to come, but the biggest word that I had was, of course, the language, because sometimes when we write things within our "whereas" clauses, something can be in accordance with Miami 21, but then still doesn't require a walkway -- a bayfront -- walkway, so -- and the reason -- that's why I brought up the exceptions, to make sure that even though it says it must comply within Miami 21, that there's a walkway, public walkway that will be built along the water, and we're clear that there will be. Ms. Garcia -Toledo: Through the Chair, if I may? Chair Gort: Yes, ma'am. Ms. Garcia -Toledo: Yes, absolutely. There is a letter from the Zoning administrator as part of the plat identing the section of the City of Miami Code that needs to be met. And actually, what is happening here is that the covenant that was created back in 1986 is being released by your action today so that we can go ahead and build the bay walk. Vice Chair Hardemon: I'm satisfied. Ms. Mendez: The replat is the one that's releasing the instrument that is from the '80s saying that you only have to have an easement. Now, as a condition of this plat and Section 3.11, there needs to be a walkway -- a bay walk. So that's part of the condition to approving this plat. Chair Gort: Okay. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: All right. Ms. Garcia -Toledo: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING THE PROPERTIES LOCATED AT 3045 SHIPPING AVENUE, 2795 SOUTHWEST 37TH AVENUE, 3400 GRAND AVENUE, 3349 PAN AMERICAN DRIVE, 4355 SOUTHWEST 42ND AVENUE, AND 140-142 SOUTHWEST 11TH STREET, AS BROWNFIELD SITES WITHIN THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF City of Miami Page 53 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 ENVIRONMENTAL REHABILITATION AND PURSUANT TO FLORIDA STATUTES SECTION 376.80, ET. SEQ., WITH OTHER CONDITIONS AS STATED HEREIN. 14-00566 Summary Form.pdf 14-00566 Notice to the Public.pdf 14-00566 Memo - Designated Properties.pdf 14-00566 Legislation.pdf 14-00566 Exhibit 1.pdf 14-00566 Exhibit 2.pdf 14-00566 Exhibit 3.pdf 14-00566 Exhibit 4.pdf 14-00566 Exhibit 5.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0303 Chair Gort: Do you have any other item? Daniel J. Alfonso (City Manager): Well, we have PH 6, which is the issue of the brownfields. ToddB. Hannon (City Clerk): PH.9. Mr. Alfonso: I'm sorry; PH.9. I apologize; getting late in the day. Chair Gort: Who request it to be at 6? Who request it to be time certain 6 o'clock? Victoria Mendez (City Attorney): Per statute, per statute. That's why it -- it's already 6:15. Commissioner Sarnoff That's the nature of the beast. Chair Gort: No, I understand that. Per statute, it's got to be heard at 6 o'clock. Ms. Mendez: After 5; after 5, so they placed it at 6. Chair Gort: Yes, sir. Mark Spanioli: Good evening, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. PH.9 is a resolution to designate certain park sites as brownfield sites. The sites identified, as you know, were ones that were previously found the soil contamination -- Douglas Park, Blanche Park, Merry Christmas Park, Regatta Park, Southside Park and Billy Rolle Park. This designation will allow us to collect tax credits that are marketable, helping us recoup some of our monies spent on these parks, as well as provide certain legal protections under the brownfield designation. Chair Gort: Okay. Commissioner Sarnoff So moved. Vice Chair Hardemon: Second. Commissioner Sarnoff Did -- I apologize, Mr. Chair. Can I be heard? Did you include the City of Miami Page 54 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 other park we needed to add in there? Mr. Alfonso: Commissioner, we -- I'm sorry. We cannot add that park because of the notice provision. Commissioner Sarnoff Public notice. Mr. Alfonso: Yeah. Ms. Mendez: Yeah. So we can bring it the first meeting in -- Vice Chair Hardemon: September. Ms. Mendez: Right. Commissioner Sarnoff Okay. Chair Gort: Okay. Do I have a motion? Mr. Hannon: Wait. I'm sorry, Chair. Chair Gort: Yes. Mr. Hannon: For clarification, I have a motion and a second for PH.9 at this time, correct? Chair Gort: Correct. Mr. Hannon: Okay, I just want to make sure. Chair Gort: Okay, any further discussion? Vice Chair Hardemon: I have some discussion. Chair Gort: Yes, sir. Vice Chair Hardemon: Thank you very much. Section 376.82(i) of Florida Statutes, it lists and explains that there are certain brownfield sites that may be redeveloped for open space or limited recreation and some other purposes. And when I was reading that, I wanted to know, basically, what has the Administration done to ensure that once these sites are declared brownfields that we will -- it would allow to continue to be used as parks? So if we can just take a look at Florida Statute 376.82. Mr. Spanioli: IfI remember correctly, the actual resolution language does say that they will remain as parkland. I'll have to go back and look at that real quick. Vice Chair Hardemon: And the reason I'm asking it, because from what I've read, this statute basically allows us to designate it as brownfields, but then use monies available from the -- from some other source; I can't remember if it was the State or Federal, but at least from some other source. Chair Gort: Tax credit. Vice Chair Hardemon: That's what it was. Ms. Mendez: We get tax credits, and then we sell those in the open market at like 80 cents on the City of Miami Page 55 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 dollar, 90 cents, so we could recoup a lot of the cost back. Vice Chair Hardemon: And in the part that I read, what was interesting about it is that -- and this is from a cursory review of it, 'cause I don't have any -- I don't even have it pulled up right now, but it did explain that certain brownfield sites may redevelop for open space or limited recreation and some other purposes. So I just want to ensure that when we do this, those sites -- Chair Gort: Will remain a park. Vice Chair Hardemon: Yeah. As of today -- not within my district, but I'm sure could be reasonably foreseeable in those in my other colleagues' districts are properly protected. Ms. Mendez: Right. They are -- they will all remain parks if that's the concern. Even though there's this designation, they all remain parks, because we also have the no net loss in our comp plan, so that also protects it even further. Vice Chair Hardemon: Give me a second, Mr. Commissioner. Ms. Mendez: I have a copy here. Do you want me to give you the copy so you could find the section you were looking for? Vice Chair Hardemon: I'm looking at it. Chair Gort: My understanding, by awarding this, we can apply for grants, because the tax credit -- is this tax credit separate from the regular cap that the State has? Mr. Alfonso: Well -- Chair Gort: It's a different type of fund or is it the same type of funding that the State have? 'Cause there's a cap. Mr. Alfonso: Yes, it is the same. Chair Gort: And it's not an easy -- and I've done a few of them. They're not easy to put together. Mr. Alfonso: I understand. Yes. Chair Gort: Okay. Mr. Alfonso: It is the same, sir. We may take years to actually get allocation of the credits. Chair Gort: Okay, fine. Ms. Mendez: But we may institute some lobbying efforts to get them all released at the same time. But the backlog that you -- on tax credits -- Chair Gort: Let me tell you. Ms. Mendez: -- can be resolved. Chair Gort: The tax credit has a hundred thousand lobbyists lobbying for a lot of corporations and affordable house buildings and so on, okay? Mr. Alfonso: Right. We are not budgeting those dollars, Commissioner. We are spending those dollars to fix parks. We want to make this happen so that we have the ability to possibly recover City of Miami Page 56 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 SR.1 14-00638 Department of Planning and Zoning those fiends. Chair Gort: Right. We're doing the right thing, but I want you to make sure we don't depend all that much on the tax credit. Ms. Mendez: We're being realistic, yes. Chair Gort: Yes, okay, fine. Okay, my understanding is they will remain parks as explained here, and that's what we committing. Is there any further discussion? It's a public hearings. Let me see if -- is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. All in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second 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 ONE (1) YEAR; 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 ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13468 Chair Gort: SR.1, and that's it. Francisco Garcia (Director, Planning & Zoning): Good afternoon, Mr. Chairman, Commissioners. Francisco Garcia, Planning & Zoning Department director. SR.1 is an amendment to the City Code; before you on second reading. This is to allow for certain properties that have obtained previous entitlement documents from the City of Miami and which documents may have expired to make it available for them to renew. These entitlement documents, subject to review, subject to administrative or public hearing process, and subject to the presentation to the City Commission of development agreements that both provide for some public benefits to the City of Miami and having shown that the properties themselves have been distressed or that they have been the subject of a bankruptcy process in the courts. That is generally what the ordinance proposes. I'm here to answer any questions you may have. Commissioner Suarez: Move it for discussion. City of Miami Page 57 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Thank you. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Commissioner Suarez: Thank you, Mr. Chairman. I'll be very brief. I want to thank the -- my colleagues for their support on first reading. This is a -- an ordinance that will allow for a tremendous public benefit for my district. It will get a fire station out of a public park that has been promised for a while, and it will get a significant savings to the City of Miami upfront of approximately -- over $3 million, and if you estimate the rental savings and acquisition costs for the land, there's some estimates that have it at $60 million for the 99-year leasing portion, which we have two renewals of. I just wanted to, by way of a quick recap, just -- I know that the Commissioners had made some comments, and I think the Administration had prepared some information on that basis that I think they've shared with the Commissioners, which shows what we were told -- what I was told in my briefings that this would have a very limited impact. So I thank again the Administration and the Planning director for his help, and the former Facilities manager and everyone who was at the table helping us make this happen. Chair Gort: Thank you. Anyone else? Commissioner Carollo: Yes. Mr. Chairman. Chair Gort: Yes, sir, go ahead. Commissioner Carollo: Thank you, Mr. Chairman. Like I stated previously in today's meeting, in order for us to make educated and prudent decisions, for the most part, we need information from the Administration. I actually was surprised that this came back within two weeks to this Commission meeting, because I actually thought that it would take at least a month to obtain that information. So I have to commend Francisco Garcia and the Administration for being able to provide that information for us to make a prudent decision. Because, again, I think what we didn't want was an unintended circumstance to occur in the future and, very frankly, be surprised. So I appreciate the work of the Administration, particularly the Planning & Zoning Department, Director Garcia. And it appears that the concerns that this Commission had will now be dispelled. So -- Commissioner Suarez: Thank you. Commissioner Carollo: -- at least for -- from my point, I'm happy to say that I'm going to be fully in favor of it. I'm happy for the residents of Shenandoah and especially the ones immediately in the area of Shenandoah Park, because now we'll be able to take that, supposedly, temporary fire station out of there for them to have more park space to enjoy. Thank you. Commissioner Suarez: And I just want to just -- Thank you, Commissioner. I just want to say there are two more items that will be coming before us. One is a development agreement and the other one is a MUSP (Major Use Special Permit) that will come hopefully together, I think, in September, if I'm not mistaken. So I thank you for your support thus far, and I continue to ask you for your support till we finalize this process. It's -- Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff I do support this, Commissioner, and especially for the issues that you bring to bear. But I wonder if you would accept a friendly amendment of just the one year as City of Miami Page 58 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 opposed to a two-year? Commissioner Suarez: I think that we're good with that, yeah. Commissioner Sarnoff 'Cause I know your problem will not be -- in other words, it will not be a problem for you, at all? Commissioner Suarez: Right. Yeah, as long as it doesn't affect the project -- Commissioner Sarnoff Well -- Commissioner Suarez: -- that we're -- Chair Gort: Yes, ma'am. Commissioner Sarnoff It must be a problem; Ms. Dougherty stood up. Commissioner Suarez: No. I think she wants a clarification. Lucia Dougherty: No. I -- Commissioner Suarez: She talked about at the last meeting. Ms. Dougherty: We don't have an objection to the one year, but there are some other language that we need to put into it. In other words, if it's a one-year limitation, then we need to put in here however any development agreement that is entered into in that one year is vested for -- pursuant to the development agreement. Commissioner Sarnoff I'm perfectly okay with that. Commissioner Suarez: Okay, perfect. Ms. Dougherty: And we'll -- Commissioner Suarez: I -- Ms. Dougherty: -- work with the City Attorney -- Commissioner Suarez: -- accept the friendly amendment. Ms. Dougherty: -- to get that language. Victoria Mendez (City Attorney): Well, it's basically that the application needs to be made within one year. It's not that it all has to be resolved within that year. So just the application one year, extension -- Chair Gort: In other words -- Ms. Mendez: Excuse me. Ms. Dougherty: Well, actually, the application has to be done before December 31 of this year. Ms. Mendez: That's fine. But just so you know that the clarification we're making for the legislation -- City of Miami Page 59 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: Which, by the way, is extremely important, because it means that the window is very finite, and I think that's your concern, Commissioner. Commissioner Sarnoff It is. Commissioner Suarez: The number of properties that I'm sure you saw was infinitesimally small. Commissioner Sarnoff Thirty-five. Commissioner Suarez: And that doesn't mean that they're going to take advantage of it. So the window is going to close at the end of the year, which is actually less than a year, so I don't know if you're okay with that as is, but you know, we can still modift it further, if you want. Ms. Dougherty: In other words, this legislation requires anybody who wants to take advantage of it to actually apply before December 31 of this year. Commissioner Suarez: Right. Ms. Dougherty: So that's the -- Commissioner Sarnoff But then -- Chair Gort: (UNINTELLIGIBLE) -- Ms. Mendez: We -- Chair Gort: -- a year. Ms. Mendez: Right. We don't have that. If it said that, that would be great, but it's just one year from -- that the application period is one year. Obviously, if you apply it by December 31, you're covered, but that the window of application period is one year for anyone else, anybody who wants to, you or anyone else. Ms. Dougherty: Well, we'll work with you. That's not the way the language is right now, but we'll work with you. Chair Gort: Let's clarify it. Why don't you bring it later on this afternoon. Vice Chair Hardemon: As long as the intent is there. Let's work on the language, but the intent Ms. Dougherty: The in -- Vice Chair Hardemon: -- our intent is clear. Ms. Dougherty: -- we understand the intent. Vice Chair Hardemon: Right. So let's just make our language reflect it. Mr. Garcia: IfI may (UNINTELLIGIBLE)? Chair Gort: Our intent (UNINTELLIGIBLE). Ms. Mendez: It's -- the difference -- okay. We're talking two different things. The window -- the period -- in the first paragraph, paragraph `A, " it says that the program is instituted for a City of Miami Page 60 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 period of two years. We want to change that for a period of one year. Ms. Dougherty: Correct. Ms. Mendez: The December 31 date is the application -- Commissioner Suarez: Right. Ms. Mendez: -- process. Commissioner Suarez: That's right. Ms. Mendez: That's going to stay the same. Commissioner Suarez: Right, and that's a further clarification. Ms. Mendez: So -- Chair Gort: Okay. Commissioner Suarez: -- on -- Ms. Mendez: Right. Commissioner Sarnoff What -- Ms. Mendez: So as long as you apply by December 31, you're okay. Ms. Dougherty: Yes. Ms. Mendez: But then you have -- Commissioner Suarez: Or don't apply by December 31-- Ms. Dougherty: And then what happens -- Commissioner Suarez: -- you're not able to take advantage of it, which is, I think, the Commissioner's concern. Commissioner Sarnoff That coupled with, Commissioner, that you're giving extension rights. Once the applications occurs -- Ms. Mendez: Right, the extension is different. We haven't even touched the two-year extension that -- which will give you all the time you need to do the project itself. Commissioner Suarez: Right. That's important. Chair Gort: In other words, my understanding is, there's about 20 of these so-called project (UNINTELLIGIBLE) -- Commissioner Suarez: No, no, no, no. There's five, Mr. Chair. There's five. Ms. Dougherty: There's actually not five. Mr. Garcia: We've continued to revise the list downward to approximately five at present that City of Miami Page 61 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 may be eligible, sir. Chair Gort: Okay, it changed in three days. Mr. Garcia: It's been changing gradually, yes, sir. Chair Gort: Okay. If these individuals do not apply by December 31, they don't have any right to do so. Commissioner Suarez: That's right. Chair Gort: Right? Okay. Are they going to be informed or --? Mr. Garcia: To the extent that they express any interest, yes, sir. We will continue to do the research on the list to ascertain that they are, in fact, eligible. Chair Gort: Now, let me tell you. One of the things I've asked the Administration -- I can understand this and I support it and I'm all for it. I think you guys worked out a very nice deal. But I like to see something very similar -- I have projects in my neighborhood that people bought the property, held onto the property, they paid it at a higher price. They were not able to get the finance because of the financial crisis that we had. The banks were not able to finance. They had their projects. They had all the inspections taken place. They ready to go. And unfortunate, now they want to come back and they can't do it. I asked the Administration to please look into that, 'cause this is people that held to their property. Commissioner Sarnoff Unless I'm mistaken, the Legislature passed this year a two-year extension for all permits. They've done that every year since the financial crisis. Chair Gort: My understanding, they were not able to pull -- some of these people were not able to pull the permit. They had all the permits -- approve all the -- the departments approved their -- what do you call -- the architectures and the drawings and so on, but they were not able to pull the permit, 'cause the bank told them they will not finance it, okay? Public Hearings. Anyone? Seeing none, hearing none, public hearing is closed. And I -- Commissioner Suarez: It's an ordinance. Chair Gort: 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 SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Chair Gort: Thank you. SR.2 ORDINANCE Second Reading 14-00345 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE City of Miami Page 62 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 FR.1 14-00472 Department of Procurement CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR ACCESS ACCORDING TO THE CRITERIA SET FORTH IN NEW SECTION 54-4.1; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00345 Summary Form SR.pdf 14-00345 Legislation SR Version 3.pdf 14-00345 Exhibit A SR Version 3.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item SR.2 was continued to the September 29, 2014 Planning and Zoning Commission Meeting. Note for the Record: Please refer to Order of the Dayor minutes referencing this item. FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO MODIFY LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONSTRUCTION CONTRACTS AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00472 Summary Form FR.pdf 14-00472 Back -Up from Law Dept FR.pdf 14-00472 Legislation FR.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff FR.2 14-00607 Department of Parks and Recreation Note for the Record: Item FR.1 was deferred to the September 11, 2014 Regular Commission Meeting. ORDINANCE Second Reading (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13/ARTICLE I/SECTION 13-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL/DEFINITIONS", IN ORDER TO CHANGE THE DEFINITION AND APPLICABLE USE OF FUNDS; CONTAINING A SEVERABI LI TY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 63 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00607 Summary Form FR.pdf 14-00607 Legislation FR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff 13475 Note for the record: Item FR.2 passed as an Emergency Ordinance with two roll calls on Version 2. Chair Gort: Okeydoke, let's go back to the regular agenda. I think we left -- Daniel J. Alfonso (City Manager): FR.2. Chair Gort: PH.9. Mr. Alfonso: No. PH 9 is 6 p.m.; the brownfields. We're going to FR.2, I believe, Commissioner. Chair Gort: Just make sure that everyone knows that -- I stated a little while ago -- I'm leaving at 6:30. I'm leaving at 6:30. Commissioner Carollo: It means that the meeting is over at 6:30. Mr. Alfonso: Okay. Commissioners, FR.2. is an amendment to the Code where we are intending to change the impact fee language that currently prohibits use of impact fee funds in any park that is less than three acres. We're requesting that the Commission approve a change to the ordinance allowing for use of impact fees in parks less than three acres. Chair Gort: Okay, there's -- Commissioner Carollo: So move. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Is there a second? Second. Vice Chair Hardemon: May I be recognized, Mr. Chairman? Chair Gort: Yes. Vice Chair Hardemon: I'd like to know, the three -acre minimum standard that was originally placed in the legislation, why did we come up with that number? Where did that number come from? You may not have been here at the time, but I just wanted to know, does anyone here have any logic as to why that number came about? Chair Gort: No. Vice Chair Hardemon: And I'm assuming because -- I'm assuming that it's important, because typically, lawyers don't put things on paper unless there is some benefit to it. Chair Gort: You'd be surprised. City of Miami Page 64 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Vice Chair Hardemon: There's always a benefit to someone. You or me, it's a different story, but there is a benefit. So I'm trying to figure out what is the benefit of the City of Miami if we have that three -acre minimum standard, and if we do not have that three -acre minimum standard? Then, also, who would determine what parks actually get the impact fee funding versus what parks do not? Stanley Motley (Director): Commissioners, Stan Motley, Parks & Recreation. As you know, we have 127 parks. Some of them are small mini parks that have been excluded. Why? We don't know the three -acre requirement, but this will give us an opportunity to do equal improvements in all the parks as needed and the determination on what parks we look at. If there's a -- we're governed by safety. If there's a safety issue in some of the parks, or there's facilities in the state of need of repair, we look at those. And in addition, we look at new construction. So the impact fees have to be used for new construction. If it's a safety issue, it would have to require an adjustment there to removing something and reinstalling. It cannot be used for repairs. Impact fees are for new construction. But it should be fairly -- for the 127 parks that we have, whether they're three acres or they're 130 acres. Vice Chair Hardemon: Who determines, Mr. Chairman -- well, I'm assuming, because I know this Commission has appropriated impact fees to parks. Mr. Motley: We only make recommendations, Commissioner, and they will come to this group with the annual CIP (Capital Improvements Program) budget and -- that you'll be getting in the very near future. Commissioner Carollo: I'm sorry, Mr. Chairman. Did you just say we do not make recommendations? Mr. Motley: I said -- no, we do make recommendations. Chair Gort: We do. Mr. Motley: And they come to this Commission. Chair Gort: You make the recommendation; we do make the final decision. Commissioner Carollo: By the way, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: One of the reasons that we hit, let's say, a wall to a certain degree with the funding for Domino Park is because we were looking at impact fees, and it's less than three acres. Therefore -- Vice Chair Hardemon: Exactly. Commissioner Carollo: -- the money that originally the Administration and I had spoken about way before the last Commission meeting, it was going to be a done deal that we were going to bring it back as impact fees, and then that's where I received a phone call right before -- let's say the Thursday or the Friday before the date of putting things in the agenda, and that's where all the running around started to happen. So unfortunately, though, this is only first reading, so even if it passes today, it doesn't help Domino Park but -- and I'm not saying that this was there because of Domino Park. I mean, the Administration had planned this already beforehand. But I could give you one example of Domino Park. Now, with regard to your other questions, which I think they're great questions, and I've actually asked them myself and sometimes wondered, don't be in the penalty box. I can assure you this: I was in the penalty box a few years back. All City of Miami Page 65 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 of a sudden, I feel like I'm in the penalty box again. I could only think of why I'm in the penalty box, and it may have to do with the future, but the bottom line is that don't be in the penalty box, because when you're in the penalty box or -- Chair Gort: Commissioner -- Commissioner Carollo: -- if you want to be a little bit more of a rebel and -- Chair Gort: Commissioner -- Commissioner Carollo: -- you're in the penalty box and you just, you know, state what you believe in, and you just it. But, yeah, as far as how funding goes to this park and that park, I'm already in a disadvantage, because out of those 127 parks, I think District 3 has -- what? Three, four? And that's not even big parks; that's not even regional parks. So you -- if you dig a little bit more, you're going to see how -- Chair Gort: Commissioner -- Commissioner Carollo: -- all that funding is actually done. Chair Gort: Let me see if I can get you out of the penalty box you're talking about. I think we might be able to make this an emergency, and the attorneys are going to check. If we can make this an emergency ordinance, we can pass them both today. Victoria Mendez (City Attorney): Could we pass this for a few minutes so we can -- Chair Gort: Yes. Ms. Mendez: -- double check a few things? Commissioner Carollo: I would definitely want to make sure that we run it through the City Attorney, and at the same time, I want to make sure that CIP -- because let's say we do this. I want to make sure the impact fees are there, and not only that; that does not mean that I don't still want to go through the process and see all the funding balances that are available, and not just file it away somewhere and so forth. Chair Gort: Okay, then we'll table this for a while. Mr. Motley: Thank you. Commissioner Carollo: Thank you. Later... Ms. Mendez: We can -- going back to the impact fee ordinance, we can pass it if this Commission says it's an emergency. You should have, though, the full Commission -- Chair Gort: Sure, okay. Ms. Mendez: -- so that it has to be by a two-thirds vote to enact an emergency ordinance, but it can be done if the Commission declares it so. Later... Commissioner Carollo: Mr. Chairman. City of Miami Page 66 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Yes, sir. Commissioner Carollo: In all fairness to my colleagues, I want to make sure that we all understand even if we do the emergency ordinance for -- I believe it's FR.2 -- I want to -- before we do that, I want to verifir with the Administration that the impact fees are there, and impact fees are citywide funds, even though -- and I'm -- hey, listen, I'm straightforward, you know. Impact fees are citywide funds, even though District 3 has generated quite a few of impact fees, but with that said, I just want to make that clear. And before we do an emergency ordinance, I want to make sure that the impact fees are there, and you all understand what we're doing. Commissioner Sarnoff And just -- Chair Gort: Yes. Commissioner Sarnoff -- so you're clear, 'cause I will not be supporting this, you are not going to have a vote, and let me just say to you I'm not going to vote for something that's going to make something more unconstitutional than it already is, because the three acres that Commissioner Hardemon was bringing up was a theory -- andl say a theory -- that the City of Miami had that these were regional parks, and thus, the City, as a whole, would be an impact fee. There is a test by the Supreme Court, which was first brought out by the Fourth District Court of Appeals. The second prong of that text is called the logical nexus test, and once you pass this, you will be violating the logical nexus test even further. City Attorney may agree, may disagree with me. Inevitably, this may be dealt with in a court of law. Commissioner Carollo: Well, can we discuss it further? Because I think that's what Commissioner Hardemon was trying to get at. Wow, that's exactly -- Vice Chair Hardemon: I think that's exactly what I was trying -- Commissioner Carollo: Yeah. Vice Chair Hardemon: Mr. Chairman -- Commissioner Carollo: That's exactly what you were trying to say. Vice Chair Hardemon: -- where's the logic. So when we talk about a logical nexus between -- Commissioner Carollo: Right. Vice Chair Hardemon: -- a regional park and the three acres, that makes sense, right? Doesn't mean it's right, but it makes sense. But -- so there is -- if there is -- Commissioner Sarnoff It makes it more palatable. Vice Chair Hardemon: Oh, it definitely does. Chair Gort: Well, you could have bring it out before. Commissioner Carollo: Well, yeah, exactly. Commissioner Sarnoff But you don't hire me to be your lawyer. You hired Madam City Attorney to be your lawyer. Vice Chair Hardemon: I hired you. City of Miami Page 67 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: Well, I'm not hiring you to be my lawyer. What I'm saying is you are our colleague, and you are a voting member of this body, so if you have an issue, I want you to bring it out -- Commissioner Sarnoff I do. Commissioner Carollo: -- and the reason for it. Commissioner Sarnoff I do. Chair Gort: And I could tell you, we have four attorneys here, and we could probably get four different opinions. Commissioner Sarnoff Probably not wrong on that, Mr. Chair, and all -- Commissioner Hardemon said something that I feel like I know the answer to, and as Madam City Attorney probably would say, she feels like she knows the answer to, which doesn't matter what we all say. It matters what a judge says, and then it matters what a court of appeal says. In my humble opinion, Commissioner Hardemon, the three -acre minimum was to create a concept in Miami known as a regional park. That was to satisfy the second test of the logical relationship nexus test as first brought out by the Fourth District Court of Appeals; adopted by the Supreme Court in Aberdeen; re -adopted by the Supreme Court in a second case; also recently adopted by the Attorney General opinion of July 2013. I have all the law. I'm not really prepared right now to debate it. I will debate it when we start capital improvements, 'cause I'd like to make a very strong record -- a very strong record for some developers out there possibly to hear so they can learn the legitimacy or the illegitimacy of the City of Miami's impact fee. Now, you know fees are different than taxes. Taxes, you could be as largesse as you'd like to be. But impact fees, you cannot have that largesse in your heart. You have to let your mind control you. Impact fees must be logically related to the person impacted. So if you were to change this and go to do away with your three -acre number, you'll take the City of Miami's ordinance one further step from constitutionality than it already is, and in my humble opinion -- and I do make this humble -- it already is unconstitutional the way it's being applied. Chair Gort: Okay. Vice Chair Hardemon: We always ask our counselor to say -- Ms. Mendez: The -- Chair Gort: RE.5. Vice Chair Hardemon: Well, counselor, where is your case law? 'Cause there's always something in case law that goes here, and here -- Commissioner Suarez: And then you got to read the case law. Vice Chair Hardemon: Right. Commissioner Suarez: You got to read the case law. Vice Chair Hardemon: And Commissioner Sarnoff knew this was on the agenda, so I'm sure he had his case law, as he has it already, so there's a reason I assume as a smart attorney that would say, be against him in any matter -- not this, but any matter -- I would assume that there's a reason why I have not seen that case law. City of Miami Page 68 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: Well -- Vice Chair Hardemon: You know? Commissioner Suarez: One other issue. Vice Chair Hardemon: So we shall see. Chair Gort: Okay, RE.5. Ms. Mendez: Well, quickly, we're passing -- then we're passing on this item. If it is done, FR.2, it has to be -- it has to pass by four votes, four out of the five votes -- Chair Gort: No, I understand. Ms. Mendez: -- for an emergency. Chair Gort: At this time, my understanding is the Commissioner of the district is -- does not want to take this until he's find out for sure that -- the funds there and things can be done, and so on. Mr. Alfonso: Okay. The answer to that question is: There is sufficient impact fee money to do the Domino Park if it passes, but you cannot use impact fee for painting the Tower Theater, so that project would not be eligible. Chair Gort: Okay. So if it cannot be used, then there's no sense of -- Mr. Alfonso: The money can be used for the Domino Park project if it -- this ordinance change happens, but not for the Tower Theater project, because impact fee is for enhancement -- Chair Gort: Gotcha. Mr. Alfonso: -- building. Painting is maintenance. Chair Gort: Okay. We know how to help people. Later... Commissioner Carollo: Next. Chair Gort: Sixteen we already did. Mr. Alfonso: Sixteen we already did, and 17 was deferred. Chair Gort: Seventeen was deferred. Mr. Alfonso: We can have either the budget discussion on the current year budget or move on to PZ (Planning & Zoning). I'm not sure which way to go. Commissioner Suarez: Mr. Chair, from a procedural -- Chair Gort: Did the attorney get the opinion on the emergency -- I mean, the three acres and if they can be used or not? Ms. Mendez: Yes. With regard to the impact fee ordinance, it could be passed by an emergency City of Miami Page 69 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 ordinance, which would just be one reading for today, but you would need four positive votes. Later... Chair Gort: You want to go back to the parks and the emergency ordinance? Vice Chair Hardemon: It's still a regular ordinance right now though, right? Chair Gort: Huh? Vice Chair Hardemon: I think it's still a regular ordinance as of today, as of right now? Commissioner Carollo: Yeah, I think it's still regular. Can we go -- I think that's the last item that we have to deal with in the regular agenda. Can we go into BZ [sic], if that's the case? And then at the end of the night when we listened to all the PZ's (Planning & Zoning), then I know exactly where the Administration stands with funding and so forth; that way we could -- and by the way, and I listened to what Commissioner Sarnoff was saying, and again, I got to listen to what our City Attorney says, but, you know, I don't know how many parks in District 3 are actually three acres, so -- Commissioner Sarnoff Are actually -- I'm sorry? Commissioner Carollo: Three acres. Chair Gort: Three acres. Commissioner Carollo: Or over three acres, so, I mean, different areas have, you know, different needs, and even the few parks that we have, I mean, they're relatively small, so -- Commissioner Suarez: Even 1814, is that three acres? Commissioner Sarnoff Sorry? Chair Gort: Let me ask -- Commissioner Suarez: Even 1814, is that three acres? Commissioner Sarnoff No, I -- and it didn't get any of that money, either so I'm not -- Commissioner Suarez: No, but wouldn't you want it to be eligible for that? Chair Gort: Let me add to this a little bit. Commissioner Suarez: Potentially? Chair Gort: My understanding is -- Commissioner, correct me if I'm wrong. One of the district that produce the most revenues from there is District 2. Now, I mean -- Commissioner Sarnoff No, I -- there's -- Chair Gort: Now, within your district, there's a lot -- many parks that are less than three -- Commissioner Carollo: Right. Chair Gort: -- acres. City of Miami Page 70 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff Commissioner, no two ways about that. And I want you all to know I'm going to be putting a presentation on how District 2 had been treated by not this Administration; by many Administrations previous thereto. Commissioner Suarez is going to be sitting in a very similar position to me. I guess in the words of Commissioner Carollo, I must have been in somebody's bullpen or something or -- what do you call it; `penalty box"? Commissioner Suarez: Penalty box. Commissioner Sarnoff For years. Commissioner Suarez: Move it or we'll shift it -- Commissioner Carollo: By the way, and again, I've been there before, it's okay. Commissioner Sarnoff I understand. But here is my position. Now I don't -- Commissioner Carollo: And by the way, Commissioner Sarnoff, before you continue, although I was in the penalty box, if you see all the things that I mentioned in the past, they have come to fruition, and we did do the right thing. And one of the reasons that I was in the penalty box is because I kicked and screamed, saying, "How the heck could we not only not hire a CFO (Chief Financial Officer), but take that position from our actual budget to save money?" And then that's when the director of Finance also quit or resigned, and then we had, you know, a boat without a rudder, so, you know, but I understand the Administration didn't like me saying that. The Administration didn't like when I said, "Hey, we have a deficit," and if you remember correctly, at that time, there was a discussion that, "No, Commissioners, there's no deficit, because the attrition, we're going to make up the $30 million by attrition," and so forth and so on. So the bottom line is, listen, I've been in the penalty box before, it's nothing new. But the bottom line is things cannot stay the way they are. So the one thing is they're not going quietly, so. Commissioner Sarnoff And probably misused the word `penalty box," 'cause it certainly was not anything to do when Mayor Regalado became the Mayor and you all became Commissioners here. It predates that and it predates the way the Administration courted that. But Commissioner Gort, you asked me a direct question, and I want to give you a direct answer. I don't believe any Commissioner has the right to designate any impact fee to their district. I think the impact -- so if I threw a grenade over by Sue McConnell over there, and it blew that whole thing up, and let's say Sue survives great. I wouldn't then say to you, "Let's go fix this side of the building." That's the side of the building that has the impact. Impact fees -- let me just finish, Commissioner Gort. I know you want -- don't want to get into a long speech, and I will not, I promise you. I will be a little more long-winded at the next Commission meeting; I promise you, when I demonstrate to you how District 2 had been, has been treated. It is my position that impact fees are not distant fees. They are fees -- they're user fees that that user must be able to enjoy that particular use. In this circumstance, we are talking predominantly, Commissioner Carollo, about parks. You actually would be one of the bigger recipients of District 2 fees, 'cause it is my contention what you simply do is you start drawing circles, and those circles go to the closest park or park that you would like, "A," from where that impact fee is occasioned. That is what an impact fee is about; not a tax. You don't -- as I said to Commissioner Hardemon about an hour ago, it's not through your largesse that you get to say, "You know, I feel bad for you. Hey, would you like some impact fees from over here? We'll put it down there." That's a tax, and you have every right in any kind of context you wish to say the taxes go here and there. An impact fee is different, Commissioner Gort -- and I will close; I apologize. Chair Gort: No, that's all right. City of Miami Page 71 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff An impact fee goes to the place where you throw the grenade. It goes to fix what is theoretically broken. And I could tell you, Commissioner Carollo, it goes back to the '70s when this town decided it wasn't going to be a high -tax town, it was going to be a user town, a user fee town. Constitutional -- as long as the second element of the nexus test is met. The City will not meet the second nexus test. If we were to change the impact fee and use the impacts closest to the park or park you wish to create, I'm all on board. And it may be your district being a huge recipient -- think about Brickell, you and I. There'll be more cranes in Brickell in the next two years than there will be birds. There's no more room for parks on Brickell. Commissioner Carollo: In West Brickell. Commissioner Sarnoff That's my point. And my point is you're going to go a little bit west, and you might go a little bit south, and you're going to find, as I draw those circles -- let's say you say, "Commissioner, I want to get a one -acre site right here, " I'm all in, 'cause that's the closest park you can create to that impact. But to turn around and say, "This is a city" -- "this City is an entire park," you're -- it's just wrong. You could do that with taxes; feel free. District 2, wish not to give you any taxes this year. Or you could vote that if you chose to. I don't think you would I'm not suggesting you would, but you could legitimately do that. But you can't do -- that same logic you can't use for impact fees. Commissioner Suarez: Mr. Chair. Chair Gort: My understanding and the reason I brought the questions out, I was always been told that the impact fee has to be used where it's originated. Commissioner Sarnoff Has to be -- Chair Gort: Utilized where it's being originated from. Commissioner Sarnoff Exactly right. Chair Gort: That's what I been told all along. Commissioner Sarnoff That's exactly right. Chair Gort: Okay? Commissioner Suarez: Can I make a --? Chair Gort: That's why I was asking the question. Commissioner Suarez: Mr. Chair, may I? Commissioner Sarnoff I didn't mean to be so -- Commissioner Suarez: Mr. Chair, may I? Chair Gort: Yes, sir. Commissioner Suarez: I just want to say very briefly that I'm kind of dovetailing Commissioner Hardemon's point earlier, which is I'm certain that you're saying what you're saying because you've investigated it deeply. Commissioner Sarnoff Oh, trust me. City of Miami Page 72 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: I'm sure you have. All I'm going to ask as a favor is that you get us that information in anticipation of the Commission meeting so that we, ourselves, can do -- because I am the least recipient. Commissioner Sarnoff Correct. Commissioner Suarez: My district is the least recipient of impact fees. And my understanding is impact fees have typically been doled out on more of a Commission basis rather than the way that you're describing now. And that's a huge paradigm shift, what I just saw, and, clearly, that's going to concern a Commissioner whose district doesn't generate impact fees. So, you know, just like we're one city and we don't apportion our police budget according to the areas that produce the most police revenue, we do it fairly across the entire City. It has an impact on an area or there is an area that generates taxes, but we share that wealth with other areas that don't generate as much taxes. Commissioner Sarnoff And all I will say to you is I hear you, but provide for this circumstance. Other funding can be given to those projects and to those parks -- hear me out. Commissioner Suarez: I will. Commissioner Sarnoff -- where the -- where you use the impact fees for the creation and enhancement of parks, and you know Parks will have that in its general budget. Commissioner Suarez: Sure. Commissioner Sarnoff You would then be the budgeted person -- Commissioner Suarez: And I would appreciate if that could be part of your presentation. I'm not sure that it can be, or it's not like -- it's not your job to advocate for my district, per se, even though we're all Commissioners that represent the entire City, 'cause as you said, we vote on citywide issues, but, you know, in addition to just looking at the legality of the documents that you are -- and your interpretation of our ordinances, and statutes, and case law, et cetera, you know, I will be looking at, you know, how will we in other ways be more equitable. Commissioner Sarnoff Okay. Commissioner Suarez: So if that is a component of what you're presenting, then that's something that certainly will be well received from this end of the dais. And in addition to that, I do want to see what your backup is, because you can interpret impact -- Commissioner Sarnoff You're right. I'm not going to hand you a memo two hours before a Commission meeting -- Commissioner Suarez: Please. Commissioner Sarnoff I'll make this commitment to you: I will get it to you 10 days before I -- Commissioner Suarez: Fine. Commissioner Sarnoff -- ask you to do anything. Commissioner Suarez: That's perfectly fair; appreciate that. Chair Gort: Okay, thank you. City of Miami Page 73 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff And to everyone else, too. Chair Gort: That's fine. Commissioner Sarnoff You're absolutely right. Chair Gort: Okay. Commissioner Sarnoff So whatever lawyer you have to damn, go to those damn lawyers. Commissioner Carollo: By the way, those two-hour handing, it won't be the first time that it's been done, so. Commissioner Sarnoff Well, I -- Commissioner Carollo: I mean, (UNINTELLIGIBLE). Commissioner Sarnoff -- make a commitment everybody you will have it 10 days before. Chair Gort: Okay, we're going to go into the PZ agenda. Ms. Mendez: Mr. Chairman, just -- Chair Gort: Yes. Ms. Mendez: -- briefly, and Commissioner Sarnoff is an excellent lawyer, and he always makes brilliant points. The City Attorneys Office obviously has a different take, though he makes a lot of valid points. Commissioner Suarez: You put "obviously" before it. Ms. Mendez: Right. Chair Gort: Okay. Commissioner Sarnoff But we'll learn -- Chair Gort: Are we going to do -- Commissioner Sarnoff -- in a court of law who's right. Chair Gort: Are we going to move on this item? Commissioner Carollo: No. Let's do PZ first. Later... Commissioner Suarez: Commish, if we don't do this quick, we're going to lose quorum, brother. I'm with you, but it takes three. Vice Chair Hardemon: We got a -- but part of it is that we don't -- Mr. Clerk, this can't be deferred until the next meeting? Todd B. Hannon (City Clerk): I would have to ask the City Attorney. I'm not exactly sure if this is something that has to be acted upon today. City of Miami Page 74 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Vice Chair Hardemon: Madam City Attorney -- Everyone, let me have a little decorum, please; decorum. Thank you. Madam City Attorney, this item, is it necessary to be acted upon today or what it -- what was the delay? Victoria Mendez (City Attorney): The impact fee one? Vice Chair Hardemon: Yes. Ms. Mendez: Right. This was -- it was a request in order to begin -- because we are off technically in August for hearings of the Commission, it was just to be able to start using impact fee monies earlier, because if not, it takes two readings, so two weeks -- Vice Chair Hardemon: So basically -- Ms. Mendez: -- it would be a two -week delay pretty much after. Vice Chair Hardemon: So it would come about after August; is that what you're saying? Ms. Mendez: Right. It would be a September reading, and then the like meeting, an October meeting technically versus first reading now and then second reading in September. So you're pushing it back like two months. Vice Chair Hardemon: So as it is written today, if we pass it as it is, it would still come back in September, not August? Ms. Mendez: Unless this Commission decides that this is an emergency issue and we can have it as an emergency ordinance today, to pass today, and then it could start being utilized immediately, so it depends what -- the will of the Commission. Vice Chair Hardemon: In an unprecedented move, I'm going to pass the gavel to Commissioner Francis Suarez. Can you hold the gavel for a moment, please? I'm appointing you as Chairman -- well -- Ms. Mendez: Right. We won't be able to do an emergency ordinance if we don't have four. Commissioner Suarez: Well, I mean, what's left on the agenda? What's left on the agenda? Ms. Mendez: That's it; that -- this item, the impact fee one. Chair Gort: Yes, sir, let's go. Commissioner Carollo: Thank you, Mr. Chairman. Chair Gort: Uh-huh. Commissioner Carollo: I think we have a solution, and, you know, again, I want to thank my colleagues for helping out, and as you could see that in a couple of hours, we -- if the will is there, man, we move mountains, and the will is not there, it takes weeks and nothing happens. Anyways, I want to be able to -- and I need the Administration to guide me with these changes, and it's going to be two part. Chair Gort: Administration. Commissioner Carollo: Now, like they said, there was -- for two projects -- one was for Tower City of Miami Page 75 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Theater; the other one was for the park. For the parks, I have $205,000 that is sitting in an account but it is impact fee. Within District 3, Jose Marti Park, we will need to pass the emergency ordinance the way it was stipulated in order for a park under three acres to be able to receive this impact fees; impact fees that was already within District 3. So I don't know what the will of this Commission is. I'm definitely voting in favor. Chair Gort: Let's do it. Make the motion. Commissioner Carollo: I make a motion -- Ms. Mendez: We -- I'm sorry, I apologize. If -- we need to decide if it's going to be an emergency. Commissioner Carollo: An emergency, yes. Ms. Mendez: Okay. If it's an emergency, there has to be four affirmative votes. Chair Gort: Yes, go ahead. Commissioner Carollo: Understood, understood. Ms. Mendez: Thank you. Sorry. Chair Gort: Hurry up before we lose them; come on. Commissioner Carollo: Let's do it. Ms. Mendez: Is there a motion? Commissioner Carollo: There's a motion to pass FR.2 in an emergency manner. Chair Gort: An emergency manner, an emergency here. Ms. Mendez: Okay. Chair Gort: It's an emergency ordinance. Vice Chair Hardemon: It's been properly moved. Is there a second? Chair Gort: Is there a second? Commissioner Suarez: Second, yeah. Chair Gort: Okay, it's a public hearing. Is anyone in the public that's coming forward? Seeing none, hearing none, close the public hearings. Read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: And Commissioners, since this is being passed as an emergency measure, there'll be two roll calls. Your first roll call: Commissioner Sarnoff. Commissioner Sarnoff No, and I heard no evidence of an emergency. Mr. Hannon: Vice Chair Hardemon. City of Miami Page 76 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Vice Chair Hardemon: For. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Yes on first. Mr. Hannon: And for the record, this is an emergency measure with two readings so -- Commissioner Suarez: I know. I'm going to -- Chair Gort: He knows, he knows. Commissioner Sarnoff He wants to be able to read that someday. Mr. Hannon: And so that -- again, that was "yes"? Commissioner Suarez: On first. Mr. Hannon: Okay. Commissioner Carollo. Commissioner Carollo: Yes. Mr. Hannon: Chair Gort. Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading. Your second roll call: Commissioner Sarnoff. Ms. Mendez: I'm going to read it again, because it requires two readings. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Your second roll call on the emergency measure: Commissioner Sarnoff. Commissioner Sarnoff No; still looking for that emergency. Mr. Hannon: Vice Chair Hardemon. Vice Chair Hardemon: Yes on second. Mr. Hannon: Commissioner Suarez. Commissioner Suarez: Let me articulate the emergency, because I think it's important, and I think you're right in stating that, you know, we need to articulate the emergency before voting on something on an emergency basis. And I'm going to side with my good friend, colleague to the left here. When a project, any project is postponed by a month and a half or two months, to me, that's an emergency. I think we would all agree with that. So that's my articulated emergency, and because I've articulated an emergency, I'll vote "yes" on second. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes. Mr. Hannon: Chair Gort. City of Miami Page 77 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 FR.3 14-00659 Office of the City Attorney Chair Gort: The other reason that the -- the other reason why I'm voting for it, the Latin Quarter is something was created 20-some years ago; finally, it's beginning to work. You have all kinds of tourist going through that area. You have at least 15 buses that go daily through that. Any delay here affects the whole City and the revenues from the development for that one area, and the economic improvement that it takes place in there. And as it was stated before, that park is the most used park per square foot in the United States. Yes. Mr. Hannon: The ordinance has been passed as an emergency measure, 4-1. Commissioner Suarez: That was a better articulation. Commissioner Carollo: Thank you, Commissioners. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE VIII, ENTITLED "SQUATTERS", CREATING DEFINITIONS AND PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. 14-00659 Memo - Office of the City Attorney.pdf 14-00659 Memo - Administration.pdf 14-00659 Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: If you are ready, I'm ready on FR.3, if you're ready. Chair Gort: You're ready on what? Commissioner Suarez: FR.3, which was the squatter's ordinance. Chair Gort: Let's go, FR.3. Commissioner Suarez: Thank you, Mr. Chair. I think every Commissioner here has the same problem that we are dealing with a crisis as a result of the mortgage and foreclosure crisis, which has to do with squatters in our district. This ordinance was modeled on an ordinance from Coral Gables and North Miami that is in the process of passing this ordinance. I needed a little extra time, because the Miami Association of Realtors reached out to me, and they had -- they wanted to present -- make some presentations on it. And in re -reading it, I do have one deletion, and I wanted to delete on Section 10-125 the part that begins with, "The property owner or lessee shall reimburse the City for the expenses incurred," all the way towards the end of that paragraph, because the way I look at it is this is not meant -- this is not like a property owner that doesn't cut their grass, and we go in and we cut their grass, and then lien the property. From my perspective, you know, we're using this as a tool to help our residents and our neighbors, so -- and to expedite the process. That's my perspective on it, so I don't -- I'm not in a City of Miami Page 78 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 -- you know, this is a tool for our law enforcement agency. You know, we have Dade County, Miami -Dade County that's implementing a similar program, so we're trying to take the best out of the Dade County model and, you know, Coral Gables, and North Miami and other cities, and trying to create a model ordinance, but it's not meant to penalize or impose fees or fines on our residents who are being victimized when there's squatters. So we don't want to do something that further causes a victimization. And I know that there's another matter that, you know, the Miami Association of Realtors is going to work with me between first and second reading on some drafting issues, but I don't know if they -- yes, I don't know if you want to put your thoughts on the record. Danielle Blake: Before I do that, I have to get permission from you guys to speak, because I tried to register as a lobbyist. Chair Gort: Excuse me. You are? Ms. Blake: I'm sorry. My name is Danielle Blake with the Miami Association of Realtors, and I did try to register as a lobbyist. I was gone for 18 months at a Marine Corps base in 29 Palms. My husband is in the Marine Corps. I just got back, and I have to take the class, but the next class is not available until August 27. Commissioner Suarez: Can we waive the ethics requirement for -- I believe that she will take the ethics course. Ms. Blake: Thank you. Commissioner Suarez: Thank you. Ms. Blake: Okay. First, I want to thank you very much for bringing the ordinance, and I will tell you, when we first saw ordinance on squatters, we've had some cities deal with it. This is a problem everywhere; this is not just a problem in Miami -Dade County or the City of Miami. Yesterday, we worked with the Miami -Dade Police Department. We had a class for over a hundred realtor members that attended. They gave us some excellent information, excellent tools. I'll tell you today I've already followed up, and I'll give you some examples. Florida Power & Light, if we can put some pass codes on the account with FP& L (Florida Power & Light), these squatters will not be able to terminate with these false leases the existing power that's on that property and put it in their name; same thing with water, we reached out to Miami -Dade Water. We're working on tactics like that, and we want to continue to work with the Commission on tactics like that. And I have some things here. I had a member yesterday, we were sitting in the class, he was sitting behind me, and he said, `I just got another one. " And that property is 501 Southwest 65th Avenue. Commissioner Suarez: That's my district, yep. Ms. Blake: There we go. So we -- Chair Gort: That was in the news. Ms. Blake: I'm sorry? Chair Gort: That was on the news. Ms. Blake: No, that was a different one. Chair Gort: That was a different one? City of Miami Page 79 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Ms. Blake: That was a different one. He just got that yesterday in the class, and he called the police today to go out there on it, and so he's still working with that one. Again, they produced a lease, and there's nothing they can do at this point, so it's a problem everywhere. That agent is an REO (real estate owned) agent, and "REO," meaning has the bank -owned property. He said 50 percent of his properties, he deals with squatters. It is rampant; 50 percent of every property he works on. So there's another one. I just want to read this quote. It says, "What I learned in this class yesterday was put in place an hour later to remove squatters. At the same time, one of the squatters in the unit was arrested for drug possession. The owners were very grateful. Thank you for this valuable class." And that came from one of our realtor members in Miami -Dade County. It is effective; what they're doing is working. We do want to work with the Commissioner. I have all the points of things that we can do to support, things we have concerns with, and I commit to working with you, and we hope that you pass it today on first reading so we can do that. Thank you. Commissioner Suarez: Thank you. Chair Gort: Okay. Commissioner Suarez: I move it, by the way. Chair Gort: Anyone else? Anyone else in the public -- Commissioner Suarez: As amended. Chair Gort: -- would like to address this? Seeing none, hearing none, we'll close the public hearings. Yes, sir. Commissioner Suarez: Move it as amended. Chair Gort: It's been moved as amended. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Seconded. Victoria Mendez (City Attorney): Commissioner, as far as -- may I ask a question briefly? Commissioner Suarez: Yes. Ms. Mendez: With regard to removing the whole -- basically the whole paragraph of special assessment language, correct; that was your amendment? Commissioner Suarez: No. Well, it says, "removal of squatters and special assessment lien cost for such removal." I guess the "and special assessment lien cost" -- "lien for cost of such removal" would be deleted from the title, and then after the first sentence, everything else in the paragraph would be deleted, as well. Ms. Mendez: Right. So that's what I wanted to ask you, because this language would necessarily not have to do with the present owner. It would have to do with whoever purchases the property after. I mean, the highest percentage of the properties that we'll be dealing with are foreclosed, vacant, open and abandoned. Commissioner Suarez: Right. Ms. Mendez: This isn't your usual -- I mean there might be a few that might get entangled, and City of Miami Page 80 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 maybe we could work on better language between first and second on that. Commissioner Suarez: Maybe. Ms. Mendez: But -- Commissioner Suarez: Yeah. I mean, I think we're all willing to sit together and work on it. I'd like to have it deleted for the time being, because I think, you know, what we're looking at is we don't necessarily want it to be something that penalizes the property owner. It's something that gives us a tool to get the squatter out. I understand what you're saying, and I understand where you're going, which is you may have a deficient property owner, and I think there are other ways in the ordinance -- For example, where it says, "The property owner is required to take all lawful measures to prevent or remove squatters, " so if they don't do that, then I think they're in violation of this, which has a penalty. That penalty could be a lien or a special assessment lien. Commissioner Sarnoff But what if we were to show you that 50 or 60 percent of all these properties were owned by banks? Commissioner Suarez: I'm sorry? Commissioner Sarnoff What if we were to show you that 50, 60 percent of these properties were all owned by banks, and it was the banks that were being dilatorious [sic] in the way that they were handling their properties? Commissioner Suarez: All I would say is that let's work on it between first and second reading if you don't mind because I agree with that you're saying, I understand what you're saying. What about the other 50 percent? Commissioner Sarnoff. Well, I'd like to know the number, and I'd -- Chair Gort: Right, yeah. Commissioner Carollo: By the way, that's exactly -- during our briefing, that's exactly what I mentioned, because I know of one that I dealt with and it was actually the bank, so that's why in our briefing I kept mentioning, "Well, what about if it's the bank that owns the property?" Chair Gort: I have a lot of those where the banks were the owner and we had to call the banks, and they did took some action, but I think it's something we need to look at. Vice Chairman Hardemon. Commissioner Suarez: Mr. Chair, ifI just may before the Vice Chair, just real quick on that point? Just want to say that I guess what I was looking at this problem was this is an acute problem and we need -- we're trying to get people out, because it's creating a very bad situation in our neighborhoods. So from my perspective, I was more focused on the rapidity with which we can have a quality of life increase in our neighborhoods rather than necessarily trying to recover our cost. So I'll look at it more from that perspective and see if there's some sort of a fair balance that we can come in, you know, with the association's help as well. Thank you. Chair Gort: Commissioner -- Vice Chairman, you're recognized. Vice Chair Hardemon: Thank you. In my briefing, one of the things -- and I'm trying to see if this language was added subsequent to my briefing -- but I know one of the things that I expressed a concern about is having a matter that has been traditionally handled as -- in a civil court, through our processes, and we're not getting any type of remuneration for the type of care and really investigation and resources that we're putting into it, because, I mean, not only is it City of Miami Page 81 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 just -- not only is it the police force, but you're talking City Attorneys and other important aspects within the City government, and that was one of the reasons that I was a proponent of adding some type of cost to the property owner, because, in all essence, yes, it does have a public impact, but it has a tremendous private benefit, and so the private benefit is something that those who are property owners are now using this process rather than the traditional civil process, which may take them a lot longer -- Commissioner Suarez: I agree. Vice Chair Hardemon: -- and they have to work it out in court. Chair Gort: A lot more expensive. Vice Chair Hardemon: And a lot more expensive. And so I wanted the City Attorney's Office and the City to be able to recoup some of their cost, and depending on the wording, some or all of the cost to go through the process, because at the same time, the property owner has a choice. The property owner can go through the civil court, or they can go this way. So if they avail themselves of this way, it shouldn't be to the detriment or to the penalty or it shouldn't be something that the City has to spend all of its resources to do for someone's private benefit; although I think it does have, like the -- I'm sure the realtors would agree -- some instant benefits or sometimes direct benefits to the people who live in the community, because not all squatters are people who are doing something that's deleterious to the community. Commissioner Suarez: Agreed. Vice Chair Hardemon: Because a lot of squatters are living in very nice homes and they maintain homes and things of that nature. So with that being said, I didn't -- and I won't take back my second though. I didn't realize that we were pulling that language out, so I apologize for not giving the attention that it was due, but I couldn't vote for it even in a first reading, taking that language out. I would at least want to move it forward with the language there, and then we could have a further discussion about it for your second reading. Commissioner Suarez: I'm okay with that. I mean, you know, I don't have a problem leaving it in or taking it. It's really the same deal for me. You know, we can leave it in for first reading, and then we can decide whether it can be refined for second reading; I have no problem. And I'm listening to my colleagues in the Commission that are reflecting what their thoughts are, which we don't get a chance to talk about, so no problem. Chair Gort: So will you repeat your motion? Commissioner Suarez: Yeah. My motion is -- as the ordinance is written, then it's -- I will withdraw my amended motion and I'll make the motion to accept FR.3 as drafted. Chair Gort: Is the seconder accepting? Vice Chair Hardemon: I already (UNINTELLIGIBLE) second.. Chair Gort: Okeydoke, it's moved and second. Anybody -- the public -- I opened and closed the public hearings, so 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.3. A roll call was taken, the result of which is stated above. City of Miami Page 82 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Hannon: The ordinance passes on first reading, 5-0. Commissioner Suarez: Thank you. Chair Gort: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 14-00559 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT NOT TO EXCEED $86,722.00 IN THE FORM OF A REIMBURSEMENT GRANT ("GRANT") FROM THE CHILDREN'S TRUST ("TRUST") TO THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF GRANTS ADMINISTRATION'S EDUCATION INITIATIVES ("DEPARTMENT"), FOR THE MIAMI LEARNING ZONE PROGRAM ("PROGRAM"), AND AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN THE TOTAL AMOUNT OF $10,795.00 TO FUND THE PROGRAM ADMINISTERED BY THE DEPARTMENT AT KINLOCH PARK AND CURTIS PARK; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR EDUCATION INITIATIVES 2014-2015 MIAMI LEARNING ZONE PROGRAM", TO ACCEPT THE GRANT, APPROPRIATING THE GRANT FUNDING IN THE AMOUNT OF $86,722.00, WITH IN -KIND SERVICES TO BE APPROPRIATED BY THE CITY VALUED AT $10,795.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A CONTRACT WITH THE CHILDREN'S TRUST AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR SAID PURPOSES, FOR THE PERIOD COMMENCING AUGUST 1, 2014 THROUGH JULY 31, 2015, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 14-00559 Summary Form.pdf 14-00559 Legislation.pdf 14-00559 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-14-0280 Chair Gort: PH.4. We got to hear RE.1 before we can hear PH.4. Lillian Blondet (Director, Grants Administration): That's correct. Good morning. Lillian City of Miami Page 83 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Blondet -- Chair Gort: RE.1. Ms. Blondet: -- Office of Grants Administration. The next two items, RE.1 and PH4, are related to a grant we received from the Children's Trust to have an after -school program. RE.1 accepts the funding from the Children's Trust, and PH 4 is the one that allocates funding to approve entities that are going to help us provide the services for this program. These entities are already approved by the Children's Trust. Chair Gort: Would you read the resolution? Ms. Blondet: RE.1 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to accept the total amount not to exceed 86,722, in the form of a reimbursement grant from the Children's Trust to the City of Miami Department of Grants Administration Education Initiative, for the Miami Learning Zone Program, and authorizing the City in -kind services match in the total amount of 10, 795 to fund the programs administered by the Department at Kinloch Park and Curtis Park; establishing a new special revenue project entitled The Children's Trust Grant for Education Initiative 2014-2015, Miami Learning Zone Program,'to accept the grant, appropriating the grant funding in the amount of 86,722, with in -kind services to be appropriated by the City valued at 10, 795; further authorizing the City Manager to negotiate and to execute a contract with the Children's Trust and to negotiate and execute all other necessary amendments, extensions, renewals, and modifications after consultation with the City Attorney to implement the acceptance of and compliance with the grant award for purposes for the period commencing August 1 through July 31, 2015, with the options to renew for up to two additional similar periods at the same not -to -exceed amounts under the same terms and conditions for the same program, subject to budgetary approval at the time of need. Chair Gort: Thank you. Yes, ma'am. Renita Holmes: Madam Holmes, the Women's Association and the Assertive Project. Again, I'm -- want to emphasize inclusion. Quoting: `Recommendations that competitive negotiation methods and procedures are not practical or advantageous, we are waiving the requirements." Through the Chair, Commissioner, 30 years, no funding for our mothers program and our mothers and children program. Thirty years of work, and Ms. Blondet has always been open to me. However, the capacity -- it's because funds, including Law Entrustment [sic] Funds, especially grant opportunities, monies go to the good old boys. And as a women's advocate and a girls' advocate and a victim's advocate, who's been here, again, producing and volunteering, I'd like to get paid for opportunity so we can help more. But when we have procedures that I'm not included in for whatever categories or whatever process that is not inclusive or bending over backwards or spontaneously offering privileges that I can't compete with corporate America, as a mother, I'd like to speak with Ms. Blondet further how we can create policy resolutions that can let me stop working for free for 30 years and the rest of my mother volunteers in our parks and in our learning programs that we're doing with our ministries. There are impediments and gaps. And I'm going to keep coming to when they talk about grants, because I've offered grants, even to the Mayor's Office. I've taken grants. I even have people implementing grants that I've written, and yet, I still come in here being humbled, but when do I get the opportunities in my neighborhoods where there's nine -to -one of disparity to access that? And when will the rest of you help my Commissioner create a process by which I can access resources to save my children? The Children's Trust has $9 million. It belongs to all of us. Then all of us should be able to get it. It's an identified gap. In the 10 years that I've been dealing with them, that nine million excess, if we're going to be partners, assure that the partnership happens. Thank you for the opportunity. And thank you, Ms. Blondet, for being open to the process. And maybe they can help you identify how to resolve the gaps. Thank you. City of Miami Page 84 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 RE.2 14-00679 Office of the City Attorney Chair Gort: Thank you. Is anyone else in the public? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Suarez: Move it. Commissioner Carollo: Second. Discussion. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Yes, sir you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I want to begin by saying that I'm going to be supportive of this, but this is one of the examples that I mentioned earlier that this is not District 3 and this is services that are definitely needed, you know, in the Little Havana area. But with that said, I will be supportive of this resolution. Thank you. Ms. Blondet: Thank you. Chair Gort: Any further discussion? Okay. Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW OFFICES OF MARRERO & WYDLER, AS CONFLICT COUNSEL, FOR THE REPRESENTATION OF OFFICER ADRIAN RODRIGUEZ IN THE CASE OF POLINI MAKENSON SANON VS. OFFICER ADRIAN RODRIGUEZ, ET. AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 14-CV-21663-ALTONAGA/O'SULLIVAN; ALLOCATING FUNDS FROM ACCOUNT NUMBER 05002.301001.545000.0000.00000. 14-00679 Memo - Office of the City Attorney.pdf 14-00679 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0286 Chair Gort: FR.3. Commissioner Suarez: Mr. Chair, if I may, on FR.3, that's the squatter's ordinance. If you don't mind, I'd like to go back with the Administration while you guys keep going through the agenda and just get straight with them. I didn't have a chance to get straight with them earlier. I mean is there -- unless there's something -- is there other things that you can take up? Chair Gort: Yes, sir. Commissioner Suarez: Okay, thank you. City of Miami Page 85 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: RE. 1. Commissioner Carollo: We took that up. Commissioner Sarnoff We did that. Commissioner Carollo: Can we do RE.2? Chair Gort: We did. Commissioner Carollo: RE.2 I think -- Victoria Mendez (City Attorney): RE.2 is the City Attorneys item. We're requesting that we're able to engage the law offices of Marrero and Wydler in a conflict case that we have with three officers that could potentially be a conflict in the future, and we're asking to allow us to please retain outside counsel because of this conflict issue. Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Commissioner -- by Vice Chairman Hardemon. Is any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.3 RESOLUTION 14-00645 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MAYOR Commissioner CARLOS GIMENEZAND THE MEMBERS OF THE MIAMI-DADE COUNTY Francis Suarez BOARD OF COUNTY COMMISSIONERS TO FULLY FUND THE MIAMI-DADE COUNTY LIBRARY SYSTEM FOR FISCAL YEAR 2014-2015; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 14-00645 Legislation.pdf WITHDRAWN Commissioner Suarez: I'm going handle -- Chair Gort: Yes, sir. Commissioner Suarez: -- a housekeeping matter. The Clerk has reminded me that I'm withdrawing RE.3, because it's a resolution urging the County Commission to do something, and it's already been taken up by the County Commission, so there's really no point in asking the County Commission to do something that it cannot do, so I'm going to be withdrawing -- it's RE.3, correct? Thank you, Mr. Clerk. Chair Gort: Okay. Commissioner Suarez: Even though I fully, you know, I've been on record supporting the full budget for the library system, I'm understanding that they've already set the millage cap, which is below the 64 million that the library advocates had been asking for. City of Miami Page 86 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 RE.4 14-00612 District 2- Commissioner Marc David Sarnoff Chair Gort: There's a motion by Commissioner Suarez. Is there a second? Todd B. Hannon (City Clerk): Motion is not necessary, Chair. Commissioner Suarez sponsored the item, and therefore, he can unilaterally withdraw it. Chair Gort: Okeydoke. Commissioner Suarez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TEMPORARY EVENT LIMITATION PER YEAR, FOR PRIVATE PROPERTY, PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW THE COCONUT GROVE PLAYHOUSE PARKING LOT AT 3500 MAIN HIGHWAY MIAMI, FLORIDA, TO HOST TEMPORARY EVENTS CONSISTING OF THE OUTDOOR DISPLAY OF MOTION PICTURES BEGINNING JULY 24, 2014 AND ENDING JULY 24, 2015. 14-00612 Back -Up from Law Dept.pdf 14-00612 Legislation.pdf 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 RE.5 14-00609 Department of Public Works R-14-0287 Chair Gort: RE.4. Commissioner Sarnoff. Commissioner Sarnoff Oh, Mr. Chair, this is a waiver of the City Code for Coconut Grove with regard to the number of private property events they can have. This is the outdoor theater that's being presented at Coconut Grove Playhouse, and it commences July 24 and will end in one year's time. Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT AND PERPETUAL EASEMENTS (AERIAL), IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT"), TO ACCOMMODATE THE REBUILDING BY THE DEPARTMENT OF THE 1-395 CORRIDOR FROM THE 1-95/ MIDTOWN INTERCHANGE TO THE WEST City of Miami Page 87 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 CHANNEL BRIDGE OF US 41/MAC ARTHUR CAUSEWAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFERS FROM THE CITY OF MIAMI STREET SYSTEM TO THE DEPARTMENT STATE HIGHWAY SYSTEM AND THE GRANTING OF SAID AERIAL EASEMENTS. 14-00609 Summary Form.pdf 14-00609 Back -Up Documentation.pdf 14-00609 Legislation.pdf 14-00609 Exhibit 1 Transfer Agreement.pdf 14-00609 Exhibit 2 Perpetual Easements.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0288 Chair Gort: RE.5. Eduardo Santamaria: Good afternoon, Commissioners. Ed Santamaria, director of Public Works. RE.5 is a resolution authorizing the City Manager to execute a roadway transfer agreement and easement to Florida Department of Transportation. It accommodates the rebuilding of the 1-395 expressway corridor from the 1-95 Midtown Interchange to McArthur Causeway. Chair Gort: Okay, thank you. Do I have a motion? Vice Chair Hardemon: So move. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. Discussion. Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.6 RESOLUTION 14-00675 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI BAY TRUST, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE USE OF APPROXIMATELY 13,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3805 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE STORAGE OF CONSTRUCTION MATERIALS, EQUIPMENT AND STAGING OF A MOBILE CRANE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. City of Miami Page 88 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 14-00675 Summary Form.pdf 14-00675 Legislation.pdf 14-00675 Exhibit A.pdf 14-00675 Exhibit-Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff RE.7 14-00573 Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE.6 was deferred to the September 11, 2014 Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONTRACT WITH METRO EXPRESS, INC., FOR THE DISTRICT 3 - ROADWAY, TRAFFIC AND DRAINAGE IMPROVEMENTS (PART 4), PROJECT NOS. B-40318, B-40319, B-40320, B-40321, B-40322, B-40323 AND B-40326-01, FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $240,400.00, THEREBY INCREASING THE AWARD VALUE FROM $1,017,668.96, TO AN AMOUNT NOT TO EXCEED $1,258,068.96; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. B-40318, B-40319, B-40320 AND B-40321; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-00573 Summary Form.pdf 14-00573 Back -Up - Original Contract.pdf 14-00573 Back -Up from Law Dept.pdf 14-00573 Legislation.pdf 14-00573 Exhibit.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-14-0289 Chair Gort: RE.6. Daniel J. Alfonso (City Manager): RE.7, Commissioner. RE.6 was -- Chair Gort: Right. Mr. Alfonso: -- withdrawn. RE.7, Commissioners, is a resolution to increase the award to the -- I'm sorry -- the vendor, Metro Express for construction projects that are ongoing in District 3. Commissioner Sarnoff. Move it. Vice Chair Hardemon: Second. Chair Gort: Been moved, second. City of Miami Page 89 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff Can I say something? Vice Chair Hardemon: No move and no second? We thought we were helping you. Commissioner Sarnoff I was about to say something nice about Metro Express; that was my only point, 'cause I had said something nasty about them before. Vice Chair Hardemon: It's been moved and seconded. Commissioner Carollo: Question. Chair Gort: It's been moved and second. Commissioner Carollo: Question, Commissioners. Chair Gort: Discussion. Commissioner Carollo: Have you seen some of the CIP (Capital Improvements Program) budgets? Whenever you do a street, have you seen their budget? Have you seen how many contingencies there are? Commissioner Sarnoff Sure. Commissioner Carollo: Ten percent for this, 15 percent for that. I don't know, and I really do believe that there needs to be some accountability with CIP. When they estimate projects and they put two or three contingencies, how could you be off by that much? Now, I'm not exactly sure -- and I'll go a step further -- I'm not exactly sure why these additional monies as being requested -- I actually it saw it firsthand by -- when the agenda came out, so I just don't want to say, "Oh, that's a District 3 project, it needs additional fundings, and, yeah, let's approve it." I want to know the reason why there is additional monies needed and what was the purpose. Now, it could be very well founded; I'm not saying it's not. But the bottom line is I want to know. I want to be educated. Mr. Alfonso: Yes, Commissioner. We will respond to your questions right now. It's not additional monies being funded; it's additional allocation under the contract to build projects that we have discussed with you, and you've authorized, and are in the capital plan. Go ahead, Mr. -- Commissioner Carollo: So what you're saying is these are funds that are left over? Mr. Alfonso: No, Commissioner, not left over; that this Commission has approved in the capital plan; not left over. These are allocated projects to be constructed. Commissioner Carollo: Understood, but allocated projects that have been constructed. Mr. Alfonso: To be constructed by Metro Express. Mark Spanioli (Director, Capital Improvement Projects and Transportation): Commissioner, ifI may, this project was funded under various project number, "B" numbers as we call them. The money for these "B" numbers was appropriated at past appropriations, including as part of the capital plan that the Manager mentioned. The additional work was above and beyond the 10 percent contingency that was originally in the contract. We did additional drainage structures while we were there. We -- I did additional asphalt work; additional things that we asked for as owners, and it went above and beyond the 10 percent. City of Miami Page 90 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: But that's exactly -- that's exactly what, before the Manager spoke, what I thought had occurred. And I found out about it when I saw it in the agenda, and before that -- I didn't even know this item was coming to this agenda; that's exactly my point. And I don't know -- quite honestly, Mr. Manager, I don't know what you said but I understand. And, yes, Mr. Spanioli and I are on the same page. I understand what this is now. But what I'm saying is why, why was I surprised as this was in the agenda? I didn't know about this beforehand. Mr. Alfonso: Commissioner, ifI may try. Commissioner Carollo: And what's important about this is -- what's important about this is it goes back to where the funding sources are and where the additional monies are coming from. Mr. Alfonso: Commissioner, this has nothing to do with additional money or additional funding. These are projects that you and this Commission have already authorized. The vendor -- in order for us to employ a vendor, we have to have this authorization to put him to work on the projects. There's two separate things. One is you allocating -- `you, "I mean the Commission -- allocating the money for a project. Another entire thing is allocating the capacity with the vendor in order to do the work. Those are two separate things. What this is, is allowing us to contract with this vendor to do the work. The money has already been allocated for the project. Am I explaining myself correctly? Commissioner Sarnoff What he's saying is you've allocated the money. This is the authorization to go to contract with the vendor. Mr. Alfonso: That's correct. Commissioner Carollo: Okay, but it was my understanding from what Mr. Spanioli said, there was additional flooding issue; it was additional -- Mr. Spanioli: So what happened here is we had a contract. We put this out for bid. Commissioner Carollo: Right. Mr. Spanioli: We contracted with Metro Express, okay? During the construction of the project, we identified some additional work that needed to be conducted as part of the project that went above and beyond the contract capacity that was originally given. So we're coming back today to increase this capacity by an amount that would cover the additional work that was performed. Commissioner Carollo: Okay, so let me see ifI understand this. The Commission allocated "X" amount for a project. However, then we approved a lesser amount for the vendor to actually do the work, correct? And therefore, there was additional work that needed to be done, and we need to go back to the original allocation and move those monies so they could get paid, no? Mr. Alfonso: No. Mr. Spanioli: We're not moving anything. Commissioner Carollo: Well, let's go through it again then. Mr. Spanioli: Commissioner, we're not moving any money. There's two separate -- Commissioner Carollo: You're ask -- Mr. Spanioli: -- things that are happening, okay? And there's one thing happening today, but there's two separate things that have happened in order to get here today. Each project has an City of Miami Page 91 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 appropriation of funds, and we do that at every appropriation in the capital plan. Commissioner Carollo: Understood. Mr. Spanioli: So that -- the project is funded with a certain amount of funds based on estimates, okay? At a different time when we're ready to put the project out for bid, we bid the project out; a contractor comes in with his bid, and in many cases, when we do our work well and we're efficient, the bids come in close or even under what we had estimated, and we award a contract. Under separate Commission approval, we award a contract to a contractor to perform the work, okay? So this is two separate things. You have -- Commissioner Carollo: Understood. Mr. Spanioli: -- your funding appropriation is one thing; your contract award is another. Like I said earlier, under this particular contract, when we went to construction, we did perform additional work above and beyond the 10 percent contingency, which will require a contract increase or an amendment to the contract we have to give them the avail -- to give them -- to allow them to go above and beyond the contract limit. Commissioner Carollo: The funding from the original allocation. Mr. Spanioli: So -- Commissioner Carollo: Yes. Mr. Spanioli: But we had enough money in the appropriation. Commissioner Carollo: Understood. Mr. Spanioli: There's no transfer of funds here. There was enough money already appropriated to this project number to cover these costs. Commissioner Carollo: So what happens to that money if this contractor wouldn't have come and requested additional funding? Mr. Alfonso: The work would not be done. Mr. Spanioli: And this was not -- this was not contracted -- Commissioner Carollo: No, no, no, that's not my question. That's not my question. Chair Gort: That's not his question. Commissioner Carollo: That's not my question. My question is: There's additional funding there in the original allocation, correct? Mr. Spanioli: Correct. Mr. Alfonso: In the contracting amount -- Commissioner Carollo: To the original allocation, there's additional monies, correct? 'Cause if not, we couldn't pay for this. Mr. Spanioli: The contractor did not come to us asking for more money. You made requests for additional work. The Administration made a request for additional work, so we directed the City of Miami Page 92 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 contractor -- Commissioner Carollo: Understood. Mr. Spanioli: -- to perform additional work. The extra money that would be available after we complete the project, the available balance, if there's a balance left, can be used for other projects. Commissioner Carollo: Exactly. That's why -- Mr. Spanioli: Can be transferred to other projects. Commissioner Carollo: Exactly. Mr. Spanioli: Through transfer appropriation, et cetera. Commissioner Carollo: Exactly. And that's what over the years -- and again, I'm not saying it; our past auditors say it. You know, over the years, all that money stayed there, and stayed there, and stayed there, and year, after year, after year, after year, and then that's why we're up against the gun to be able to spend some of these bond dollars; if not, we're going to lose it. And that's when you and I, with the Manager there, went through, item by item, and all those HD1, you had told me, "Well, no, this is past the time, " and so forth. And some of them dated back to, well, early 2000s, you know? And again, I got back to whose responsibility is that? Is it the CIP, or now I'm understanding the Budget or Finance Department? Or is it each Commissioner's office? Anyways, okay, I will be in favor of this, but at the same time, what I want from the CIP Department is that before it goes to the agenda, can you give me a heads up and tell me, "Hey, with this project and this project" -- You obviously know that most of the projects, Mr. Spanioli, I already know them by heart. I don't even need any documents or anything. So all I'm asking is, you know, just a phone call, you just reach out to me. "Hey, listen, this project, as you know, the flooding issue, " or whatever it is, "took additional dollars. We're going to come to the City Commission and, you know, the amount is more or less this much." That's all I'm asking, information. I'm inquiring, that's all I'm doing. Mr. Spanioli: Commissioner, we're happy to do that. I was under the impression that the project manager working on this had reached out to you prior; if not, I apologize, and we'll make sure we let you know ahead. Commissioner Carollo: No, and the project manager has been on vacation for two weeks or so, so maybe that's where the miscommunication happened. Mr. Spanioli: Yeah. Commissioner Carollo: But I'm saying it for the future. Thank you. Mr. Spanioli: No problem, Commissioner. Chair Gort: Thank you. Yes, sir. Al Crespo: Good afternoon. Al Crespo. On my way here this afternoon, I passed Simpson Park Chair Gort: Address. Mr. Crespo: Oh, 689 Northeast 92nd Street, Miami Shores. This afternoon driving here, I passed by Simpson Park. I've been up here three or four times asking about Simpson Park and City of Miami Page 93 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 whether or not the entrance was ever going to be fixed. And I recall having heard from you, Mr. Spanioli, that it wasn't a CIP issue, but it was a Public Works issue. And how many days are left in the physical [sic] year? You know, is that place ever going to get fixed, you know? Whose responsibility is that? Just thought I'd throw that -- Chair Gort: Thank you. Mr. Crespo: Maybe you can use some of that extra money that Mr. Carollo says you all are squirreling away in a slush fund. Chair Gort: Thank you. Anyone else? Anyone else? Commissioner Sarnoff Yeah, I -- Mr. Chair, I apologize. I -- and my intentions, Commissioner, was merely to -- when I moved this -- In the past, I had said some negative things about Metro Express. Commissioner Carollo: Understood. Commissioner Sarnoff And my only point is I've now gone through a number of Metro Express projects, and just wanted to say to Deleo Traspadas and to Freddie and Angel (phonetic) that they have been a pleasure to deal with; they are efficient; they are expedient in what they do, and I just want to -- I take back everything I said. But sometimes, getting to know somebody at the end of not a very good situation and then learning more about them -- They have been great project people for District 2, at least. They're doing the work in Coconut Grove on the sidewalk, and I'm -- you're very fortunate, Commissioner, to have Metro Express. Chair Gort: Sometimes it's important to send the right message and people do get the message. Commissioner Carollo: Mr. Chairman. Chair Gort: Any further discussion? Yes, sir. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Here's another request that I'm going to make, and I'm sure the Administration is going to continue putting me in the penalty box, but I think it's information that we should have. Could we have a list of all the projects, and could I have the amount that was allocated by the Commission, and the amount that the bid actually came in, and voted and approved by the Commission? Because what I'm trying to see is what's the balance in order to know that if there -- if the project's completed and there is no change orders, I should have "X" money available for additional projects. So I think an Excel file with that information, I think it's rather easy, but if not, please let me know so I could have that for the near future. Chair Gort: Okay, got the message. Let me ask you a question. When you finish your meeting, can I ask you a question? Mr. Alfonso: Yes, Commissioner, go ahead. Chair Gort: Could you explain the process that you guys utilize? My understanding, at one time, it was explained to me this is software that you guys use in order to determine the -- assume what the cost of the project's going to be? Mr. Spanioli: Yes. I'm assuming you're talking about our JOC, our job order contracting City of Miami Page 94 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 process. Basically, whenever -- and this particular project the Commissioner was speaking of was not a JOC project, but we do use a lot of projects through the JOC system. The JOC system basically is a pre priced estimating system. We take the exact quantities from each project and we put it into the JOC system. So if you have, you know, a hundred feet of sidewalk, a certain width of sidewalk, certain thickness of sidewalk, there's already a line item for that. It gives you exact cost for that item, and we price it out according to the JOC book. That book's updated every year based on market conditions, and, you know, it's basically -- it makes it so that no matter which JOC contractor we're using, the dollar amount will be exactly the same, and those are price we use in the JOC system. Chair Gort: Okeydoke, thank you. Mr. Spanioli: You're welcome. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: We took RE.7. RE.8 RESOLUTION 14-00663 Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE MODIFICATION OF THE 2012-2014 COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1907. 14-00663 Summary Form.pdf 14-00663 Legislation.pdf 14-00663 Exhibit - MOU.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0290 Daniel J. Alfonso (City Manager): RE.8, Commissioners. Chair Gort: Yes, sir. Amy Klose: Good afternoon, Chair, Commissioners. Amy Klose, director of Human Resources. RE.8 is a resolution ratifying the modification of the 2012/2014 Collective Bargaining Agreement between the City and Local 1907. Essentially, what this did is give all 1907 members a 1.75 increase to their base. Commissioner Suarez: Move it. Chair Gort: Thank you. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. City of Miami Page 95 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Further discussion? Commissioner Suarez: Congratulations. Sean Moy: Thank you. No, Commissioner. Sean Moy, union president, general employees, 4011 West Flagler, Unit 405, Miami, Florida 33134. We had several meetings with the Manager and there were -- although there were -- it's not what we expected for the general employees, but we believe this was a compromise on both parties, and we hope that we could restore some of the benefits that have been lost throughout the years. So I just appreciate your support. Chair Gort: Thankyou. Any further discussion? Commissioner Carollo: Yeah, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: So you are okay with speaking for your membership for this amount recurring? Mr. Moy: Yes, sir. Ms. Klose: This went for a vote. It was 98 percent accepted by -- ratified by the union. Commissioner Carollo: Okay. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Moy: Thankyou, Commissioners. RE.9 RESOLUTION 14-00461 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Wifredo (Willy) Gort AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CAMILLUS HOUSE, INC., TO ESTABLISH A MAT PROGRAM, INCLUDING THE PROVISION OF MATS, NOT TO EXCEED ONE HUNDRED (100), IN THE CAMILLUS PAVILION FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES, SUCH AS MEALS, SHOWERS, RESTROOMS, CLOTHING EXCHANGE, ETC., FORA PERIOD OF ONE (1) YEAR, SUBJECT TO SAID MATS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS, AND ATA TOTAL COST OF $700,000.00, PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS, AS STATED HEREIN. 14-00461 Legislation (Version 2).pdf 14-00461 Exhibit - Agreement (Version 2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0291 City of Miami Page 96 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 (UNINTELLIGIBLE) out of here so we can take care of our homeless (UNINTELLIGIBLE). Commissioner Sarnoff Want me to --? You want me to take it? Chair Gort: Madam -- Unidentified Speaker: RE.9. Commissioner Sarnoff RE.9. Commissioner Suarez: (UNINTELLIGIBLE) the PHs (public hearings). Chair Gort: RE.9. Commissioner Sarnoff Mr. Chair, I -- since I have a lot to do with this, I hope you don't mind if I present it? Chair Gort: Go right ahead, sir. Commissioner Sarnoff Okay. So this is a resolution authorizing the City Manager to execute an agreement, in the attached form, with Camillus House, to establish a Mat Program for 100 mats, and this will be funded by the $260, 000 that we had previously put from the City of Miami; the 175, 000 from Southeast Overtown/Park West CRA (Community Redevelopment Agency); and $175, 000 from the Omni CRA; 10,000 from the DDA (Downtown Development Authority); 10, 000 from the CRA that was paid in December, and $70, 000 that -- End Homelessness Now has raised. That's called private donations. We should thank Mr. Simian (phonetic). We should thank Mr. Motwani. We could thank Mr. Perez. We could thank Mr. Marin. We could thank Mr. Shoshani. And those are the folks that when I -- when my wife approached them, Teresa, and asked them to come up with $70,000, End Homelessness Now for this $700,000 number, they stepped right up and did that. And I know Commissioner Hardemon was at the event that we had at Camillus House. But what we said was we were going to have 20/20 vision, and the 20/20 was we would reduce government's role 20 percent every year and try to increase the amount that we can raise 20 percent every year so that, inevitably, this will be a totally private initiative, and it will be more than 100 mats. Hopefully, we will get to -- closer to a more significant robust number and that -- of course we'll see how the pilot project goes, Mr. Chair. But the commitment is that this will come off the government role that it plays. And I can tell you that I have commitments from the development community, which is a direct beneficiary of this as well, that they will step up to the plate and fund this program. Commissioner Suarez: Second for discussion. Chair Gort: Thank you. Commissioner Suarez: Second for discussion. Chair Gort: Been moved and second. I have to tell you, this is something you've been working on a long time, and I would like to get Teresa on my side and -- Yes, ma'am, you're recognized. Renita Holmes: Yes, thank you. Again, Madam Holmes with the Women's Association Alliance Against Injustice and Violent Epidemic and the Assertive Strategies. Last time we discussed mats, I was here. I'm talking about needs and priorities and those who have cultural competence and exceptional consulting and on something that was a justice issue for women, particularly homeless women, and we discussed this. And I heard crickets and that bothers me, because less than 48 hours, my question was, "How many of these mats will be made accessible to women because of the ratio that we have determined and have discussed along with Miami -Dade County City of Miami Page 97 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 and the Homeless Trust?" And one of our sisters and volunteers at Camillus House was murdered right in front of Mother Teresa's -- right across the street from Camillus House. I have here documentation and some reports available. We got crickets, crickets. Everybody said that. Since then, I've had several other homeless women, including victims that I'm serving as a result of gun violence in my community -- is Overtown -- andl very well may be one myself, ifI keep on shooting off my mouth, so to speak. But, you know, poverty is not the value of my richness, but what I'm entitled to as one of those class persons or class-action persons in the Pottinger case, which has had money sent out, and to not have specific knowledge, data or information to tell me just what I'm up against to try to save myself and my sisters is wrong. So I'm going to ask this question again: How many of these mats are going to be available to women, transgenders, LGBTs (Lesbian, Gay, Bisexual, Transgender)? Because my count is higher and my records are higher of those that I'm serving now still in your area and still in your area, Commissioner Hartman [sicJ. Andl think we need a little bit more than just 100 mats. I can fill that in one night. And I'd like to invite you to come out. Besides, Mr. Gort, I'd like you to -- invite you to come out with us one night or one morning, or maybe an hour and walk with me in regards to that and the good gentleman. I think, again, that you're looking at a general population number, a general amount, but the needs, the priorities, and over -pouring deaths are those of women who are homeless, veterans that are homeless and still in the street. How many of those mats are going to be available to help me save my sisters and myself? Thank you. Chair Gort: Thank you. Thank you, ma'am. As you understand, it's a program that if you can get together with them, they can tell you about the program -- Ms. Holmes: Actually, I have. Chair Gort: -- they have, where they can help you -- those individuals and put them in shelters; not in the mats, but in regular shelter where they can get (UNINTELLIGIBLE). Ms. Holmes: Mr. Chair, I'm a graduate of -- ifI may, I am a graduate of Camillus House and a servant there. I know all that already. I think you need to address that as a public information request and my First Amendment, because like I said, when I asked it the last time -- and I -- this gentleman's always available. I'm a graduate of Camillus House. I target that population. It's not enough, so -- but I want to know, before another woman dies or gets kicked and stomped with her brains out that's homeless, how many of these mats are proportion for females, because there is a disproportionate rate for me as a servant and an outreach person that brings them to Camillus House that lives with them, does workshops, empowers them, and takes them through the trauma issues. Am I going to be losing more women, or should I look outside for a private exceptional consultant? Chair Gort: Thank you. Thank you, ma'am. I'll make sure they'll sit down with you and explain to you how the program's going to work, okay? Ms. Holmes: Could you ask that question now, since you didn't ask it the last time and she died? Chair Gort: The question cannot be answered, because they'll tell you the procedure they're going to use. If it's a 50 women they want to get selected the 50 women will take the mats. It all depends the people on the street, okay? They'll tell you the process. Thank you. Ms. Holmes: Thank you very much. But I hope another woman doesn't die, Commissioner. Chair Gort: Thank you. I do too. Ms. Holmes: Particularly from Pottinger. Chair Gort: (UNINTELLIGIBLE), okay? City of Miami Page 98 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Ms. Holmes: Thank you. Chair Gort: For your information, I can assure you, there's no Commissioner in here that sits here that goes through that neighborhood more -- Ms. Holmes: I need that information and data -- Chair Gort: -- than I do. Thank you. Ms. Holmes: -- Mr. Chair. Chair Gort: SR.1. I'm sorry. Vice Chair Hardemon: I don't think we -- Todd B. Hannon (City Clerk): Chair, there was a motion and a second? Vice Chair Hardemon: Right, and I did have a question. Are you closing the public hearing at this time? Chair Gort: Yes, sir. Vice Chair Hardemon: Okay. I was trying to figure out the way that this -- I didn't get a chance to -- and I know -- and you've called me so many different times, Madam City Attorney. I love you for that. The Camillus House, the Mat program, the way that the resolution reads, I was somewhat confused by it, because I understand the sources of the funding that amount to the $700,000, but the way that it reads to me within the third `for" clause is that the City is making payments of about $58, 000 a month to amount to the 700, 000. So I'm confused as to -- if the $700,000 has already been, for instance, from our CRAs and from the private sources, that's been allocated? And if so, then what's the necessity of having this resolution that talks about giving $700, 000? Victoria Mendez (City Attorney): The -- obviously Camillus House needed one point of -- you know, a person to contract with and that was the City of Miami, and all the different -- as it states in the resolution, all the different funding sources are listed, and those have been allocated by those different participants. Some monies have already been paid, and then the City will make sure to either collect or make sure that it's directly transmitted to the Camillus House. And before we finish finalizing the agreement, we're going to make sure that either Camillus House or the City has all the other monies. The City is only putting its share, which is 240 -- Commissioner Sarnoff Sixty. Chair Gort: But we agree -- Ms. Mendez: -- 60. Two hundred and sixty thousand, and we'll make sure that all that money is accounted for before the agreement is signed. The City will not be on the hook for 700, 000. It's just a facilitator of the 700, 000. Vice Chair Hardemon: Okay, thank you. Ms. Mendez: And then to answer Ms. Holmes' question about the -- who's -- it's whoever needs that type -- it does not have a "he" or a "she" that does not have the requisite nighttime facilities, and they are able to go to that program. So if that night it's a hundred women, it's a hundred women, so everybody's going to be -- City of Miami Page 99 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Okay. Ms. Mendez: -- assisted equally. Chair Gort: Thank you. Ms. Mendez: Okay? Chair Gort: Any further -- Vice Chair Hardemon: And that's just on the Mat program. Chair Gort: Yeah. Vice Chair Hardemon: So I mean, there's other services that are available at the Camillus House that are -- involve rooms and things of that nature. The Mat program, as I understand it and as I've seen, is more of a transitional program. It helps those who don't want to be in the rooms transition from the street to at least getting services to then maybe the room or some other type of temporary or (UNINTELLIGIBLE). Ms. Mendez: Right, correct. I just wanted to address her particular point about the -- Ms. Holmes: Yet -- Chair Gort: Correct me -- Ms. Holmes: I know -- Chair Gort: My understanding is we spend over $60 million in helping homeless, $60 million. Commissioner Sarnoff For 4, 000 people. Chair Gort: Okay. Commissioner Sarnoff Somebody can do the math. Chair Gort: Yes. (UNINTELLIGIBLE). Ms. Holmes: This women circumstances -- with every woman comes three or four children. I just want you to understand that as well. You can't go by numbers generally when we see an increase in the number of women. And when I see and ask this question and people generalize it, we have more men -- we have more rescues -- Chair Gort: Thank you. Ms. Holmes: I'm just saying. I want you to care about me. That's all, Commissioner. I appreciate it. Chair Gort: I care about you. I let you (UNINTELLIGIBLE) and so on. Ms. Holmes: But gender -- Chair Gort: And they're going to answer your questions. There's a gentleman over there who's in charge how they're going to work it, and that's why I told you get together City of Miami Page 100 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 (UNINTELLIGIBLE). Ms. Holmes: And I'm appealing to you because I need you to stop the gap. He can only work with what you get -- what you're giving him. I'm just saying there's more, Commissioner. I'm pleading with you. I don't want another woman to get bashed out because there are gaps in the services that you can provide more funding for. Men are more prepared to reach. Women are removed from vans to put men who are out of prison, and that's something that's on the board at the County, so let's look at that, too. I need you to say something about that and not generalize it, okay? Chair Gort: Thank you. Ms. Holmes: I appreciate that. Chair Gort: Thank you, ma'am. Ms. Holmes: Thank you. Vice Chair Hardemon: One more thing, Mr. Chairman. Chair Gort: SR.1 and -- yes. Vice Chair Hardemon: One more thing. In -- it just comes from the comment that you made about $60 million towards helping the homeless. I think that's a tremendous number. I thank Dr. Ahr for all the work that he does there. And one thing when I connect the dots -- and I heard what Commissioner Sarnoff said, that the developers and -- of the downtown area especially are concerned about this, because it affects their properties. It affects their inhabitants and such. And so that same type of private/public partnership in helping to reduce the homelessness that we have in our communities, I'm looking for that same type of initiative to help reduce poverty within our communities. Because one thing I realize about our homeless population is that they're not always born and raised in the City of Miami. They move. And we're going to have a program that's so great that someone's going to say, "Hey" -- Chair Gort: (UNINTELLIGIBLE) come here. Vice Chair Hardemon: -- "why be in New York when you could be in Miami?" We already know it's the place to be when it's hot, but then you get hot meals, you get services; you get all these different things. So we're going to get some migrants that come, but let's start to really take care of the people that live here also. So I hope we have that support when we go towards our antipoverty initiative. Chair Gort: I agree with you 100 percent. You have -- during the -- I'm sure the homeless representatives are here. During the winter, homeless population goes up in the City of Miami and South Florida, and I wonder why. Ms. Mendez: Chair -- Chair Gort: Yes, ma'am. We got to call the vote. Ms. Mendez: Chairman, I just -- right before you vote, just to address the issue that Commissioner Hardemon also brought up. Please condition the Manager's authority to execute this agreement upon the City's receipt or Camillus House receipt of the stated contributions from -- that are listed in the resolution. So I just wanted to clam that. Vice Chair Hardemon: Okay. City of Miami Page 101 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Okay. Vice Chair Hardemon: Thank you. Chair Gort: Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. RE.10 RESOLUTION 14-00702 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioner PRESIDENT AND MEMBERS OF CONGRESS TO APPROVE INCREASED Wifredo (Willy) Gort FUNDING FOR THE OFFICE OF REFUGEE RESETTLEMENT ("ORR") TO MEET THE NEEDS OF ALL VULNERABLE POPULATIONS IN ORR'S CARE, IN THE AMOUNT OF TWO HUNDRED MILLION DOLLARS ($200,000,000.00) FOR FISCAL YEAR 2014 AND A TOTAL OF TWO BILLION EIGHT HUNDRED AND NINETY-SEVEN MILLION DOLLARS ($2,897,000,000.00) FOR FISCAL YEAR 2015; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 14-00702 Back -Up Documents.pdf 14-00702 Legislation.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, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0292 Chair Gort: RE.9 we already took. We're going to RE.10. This is a resolution that was requested to bring to us, and if you all recall, the City of Miami has been for a long, long time a city that has received a lot of refugees. We have received a lot of Federal grants to try to help us with the problem in dealing with this situation that takes place in the City of Miami. At this time, the Federal Government is trying to reduce some of the assistance and the Federal funding to some of the agencies that work with the -- a lot of these immigrants that come through the -- or people in exile that come to the City of Miami. At the same time, I understand we might be receiving some of those children [sic] that's corning into -- they come into the frontier, so I want to make sure that we pass the resolutions, and I will ask the City Attorney to read it and send it to the Congress. Victoria Mendez (City Attorney): A resolution of the Miami City Commission urging the President and members of Congress to approve increased funding for the Office of Refugee Resettlement, ORR, to meet the needs of all vulnerable population in ORR's care in the amount of $200 million for fiscal year 2014 and a total of $2, 897, 000, 000 for fiscal year 2015; directing the City Clerk to transmit a copy of this resolution to the elected officials as stated herein. Chair Gort: Thankyou. Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? City of Miami Page 102 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: Congratulations, Mr. Chair. RE.11 RESOLUTION 14-00610 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE Tomas Regalado CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00610 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0293 Mayor Tomas Regalado: Mr. Chairman, RE.11 is something that we brought to the Commission after you all had a discussion item, and it's for your consideration. It's a resolution establishing the City of Miami Charter Review & Reform Committee to review the Charter of the City of Miami, Florida, and recommend Charter proposals and amendments necessary to update the Charter, stating the committee's purposes, hours, duties, composition, appointment, qualifications and requirements. What we have done in working with the City Attorney is to mirror something that was discussed by you, the Commission, here in 2011, I think, and it's -- the composition is like 13 members; two appointed for each elected official; one by the Manager. Of those two, the elected official can appoint itself or appoint some two residents. People, they don't have to live in the district. They have to, just like any other board in the City of Miami, either work or have business or have residence in the City of Miami. But I personally don't think that we should limit it to district, because Commissioners and myself -- well, I can appoint citywide, but in terms of districts, you can probably look outside the district to appoint a member. The Manager can appoint citywide. I think it's a good thing. I think that we should look at the March presidential primary of 2016 as a date, because if you look at the schedule of the elections, there are no County elections in 2015, and the only elections that we have in 2015 in the City of Miami are three districts. So we don't have -- actually, we have two districts, right. Commissioner Sarnoff. Me and you. Mayor Regalado: Willy. And -- yes, three districts. So it would cost money to add the other two districts that don't have elections in case of do you want to place some Charter amendment. So I think that the most logical thing will be the presidential primary of 2016, where a lot of people go to the polls. There's going to be a lot of publicity about it, and the committee will have plenty City of Miami Page 103 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 of time to look at the Charter either way, and either the Commissioners, or the Mayor, or the Manager, they can appoint them self or/and appoint somebody else, or appoint two people. I was here when Willy was here when we had a Charter Review Committee, and I was here also when we had a very successful Charter Review Committee. And so that's for you to consider. I -- there is no urgency, but I think if we start the process, we can get things done, and I'm sure that the City Attorney has things to say about it. Victoria Mendez (City Attorney): Yes, just quickly, I gave all the Commissioners some changes in the resolution that I just wanted to point out. Like the Mayor said, the -- any member that's appointed shall be a City resident, work in the City, or own property in the City, so that gives you flexibility for it to be any of those categories, and it does not have to be within your own district. And also, there is a provision that if anyone is serving as special counsel to the City, performing basic non -litigation functions that if they are appointed by one of the Commissioners, the Mayor or the Manager that they could continue to assist the City in that regard and be a part of the committee; that's also been placed in here to provide further flexibility in appointing those people that have been assets to the City in your opinion. And also, the -- I believe that we have a provision that this Review Committee will be established for a period of one year for the date -- from the date of the initial meeting, and then they'll come to you, report, and then you decide what you would like to do; if to extend it, when to put it on, so if it'll be a 2015 or a 2016 election. Obviously, the Mayor has explained to you the benefits of having it in 2016, but ultimately, that comes down to your decision after you have reviewed and seen the committee meet and what they've done. Commissioner Suarez: 171 move it for discussion. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second. Commissioner Carollo: Second. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: Second by Commissioner Suarez. Commissioner Suarez: You know, I had initially -- thank you, Mr. Mayor, for proposing this. I had initially, to be honest with you, as you all know, I've tried to propound changes to the Charter that I think are necessary, and I -- and, you know, it was a while ago, and you all were very constructive members of that process. And at the time, it was suggested to me that maybe there should be a Review Committee, and I initially resisted it, 'cause -- for a variety of reasons. I think -- having kind of tried it the way that I tried it and not been a hundred percent successful at the time -- I think this makes sense. I think the amendments make sense, as well, because I've struggled. I know I had to name a new Planning & Zoning member recently, and it's been a struggle to find people that are in the district that have, you know, the requisite qualifications, et cetera, et cetera, so I agree with that. And I think we should kind of leave it open as to what election; although I kind of agree with you on the March presidential of '16, because at '15, we're not going to have all the districts up, so that's the next election that makes logical sense from a financial perspective. That's pretty much it. I mean, I think all these suggestions make sense. We have a certain limitation on when we can appoint. That's fine; I'm good with it. Commissioner Carollo: Mr. Chairman. Chair Gort: You're recognized. Commissioner Carollo: What is the date of the election you're proposing, Mr. Mayor? City of Miami Page 104 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mayor Regalado: No, I said that it would make sense, but like the City Attorney says, if you approve it today, it will start the process -- Commissioner Suarez: It's not in the reso, it's not in the reso. Mayor Regalado: -- then one year from now, it has to come before you. What I said is in November of 2015, we have election in three districts. Commissioner Carollo: Understood. What date -- Mayor Regalado: May -- March. Commissioner Carollo: March. Mayor Regalado: 'Sixteen. Remember, we have the Florida presidential primary in March of the year of the presidential election. Commissioner Suarez: And just to be clear, the -- what the Mayor said was -- that's not in the reso. Commissioner Carollo: Understood. Commissioner Suarez: So -- okay, because, I mean, we could put it in the reso, but I think -- Mayor Regalado: No, it doesn't -- Commissioner Suarez: I don't have a problem with putting it in the reso. Mayor Regalado: -- need to be put in the reso. Commissioner Suarez: But I don't think it needs to be, and -- Commissioner Carollo: Right, but I think we need to have a vision of when we're gearing for -- Commissioner Suarez: I'm agreed,- I agree. Commissioner Carollo: -- because, listen, you know, if not, things start lingering and -- Commissioner Suarez: I don't have a problem entering it in the reso. Commissioner Carollo: -- lingering, and next thing you know, it doesn't get done. Mayor Regalado: Right. And Commissioner, suppose -- okay, suppose of that -- hopefully, no one has a position here and we only have one of district, and you have to pay for it; we have to pay for it in November, which is fine, because I think the Charter is very important. But if this Commission says they need more time, because I want to see more Charter amendments, then you can use the window of the presidential primary in March, which is about four months after the November election of 2015. So it's up to you. I was just mentioning, because then you have the November presidential election. Chair Gort: Which you have more people. Commissioner Suarez: As a backup. City of Miami Page 105 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 RE.12 14-00687 Honorable Mayor Tomas Regalado Mayor Regalado: As a backup. Commissioner Suarez: Okay. Chair Gort: All right, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Carollo: As amended Todd B. Hannon (City Clerk): As amended. Mayor Regalado: Thank you. Chair Gort: As amended. Commissioner Suarez: As amended RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SHENANDOAH PARK ACTIVE SPACE," CONSISTING OF A GRANT, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) ("GRANT") FROM THE NATIONAL RECREATION AND PARK ASSOCIATION IN COLLABORATION WITH THE COCA COLA COMPANY, TO FUND THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION'S SHENANDOAH PARK ACTIVE SPACE PROJECT TO BUILD, RENOVATE OR RESTORE ACTIVE SPACES WITHI N SHENANDOAH PARK ("PROJECT"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND APPROPRIATING THE GRANT FUNDING IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PERIOD COMMENCING AS OF JULY 26, 2014 THROUGH MARCH 31, 2015, AND ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE WITH SAID GRANT FOR SAID PROJECT, SUBJECT TO BUDGETARY APPROVAL(S) AT TIME OF NEED. 14-00687 Legislation.pdf 14-00687 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0294 Chair Gort: Mr. Mayor, you're recognized. City of Miami Page 106 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mayor Tomas Regalado: Thank you very much, Mr. Chairman. I have two items I would like to address before the Commission. First, RE.12. RE.12, and I have to set the record straight here. RE.12 is a project in Shenandoah Park. When the Coca-Cola Company came to us and explained a program that they had in the U.S. (United States), and said that the City of Miami had been selected as one of the few cities for a grant from Coca-Cola Company and the National Recreations & Parks Association, I talked to Commissioner Francis Suarez about Shenandoah. The reason I spoke to Commissioner Suarez -- excuse me -- about Shenandoah was that most of the parks in the City of Miami have been going -- some of them are closed; some of them are being -- going through enhancement and the residents have been complaining to him and to me about the conditions of the playground. This is a very antiquated playground. As a matter of fact, some childrens [sic] have been hurt because it's used very heavily. Every Sunday, I take my two grandchildren to one of the parks, either Bryan, or Shenandoah, or Coral Gate. And in Shenandoah, I have seen children that have been having problems with the playground. So having said that, we told Coca-Cola to go see Shenandoah Park, and on middle of July, we got a response from Coca-Cola Company, saying that the Coca-Cola Company and the National Recreations & Parks Association have reviewed the proposed improvement for Shenandoah Park, and have agreed to move forward with the restoration project. This email (electronic) -- as a matter of fact, you were talking about the agenda -- came just hours before the agenda was going to be print. The idea ofRE.12 was a co-sponsorship between Commissioner Suarez, District 4 and myself, but my office send it, and someone from the agenda asked, "Is the Mayor sponsoring this?" They just said, "yes," so I apologize, Commissioner, because you and I discussed this item, and I'm really sorry that it didn't appear as me as co-sponsor with you, and I -- Mr. Clerk, I'd like to clam the record. So having said that, it's $150, 000 grant from the Coca-Cola Company for enhancement of the playground area, a state-of-the-art playground. But the follow-up, which is not in the resolution -- the resolution, it's for the Commission to approve the grant and for the City Attorney and the Manager to make the necessary arrangement so we can have a groundbreaking maybe in September, and then the final grand opening of the playground probably in January. The follow-up of Coca-Cola Company is that they want to be involved in Shenandoah Park, in that park that they will be enhancing, teaching the children healthy eating habits, and having a specialist, a nutritionist going to the park at certain times to tell the children and the parents to -- how to eat well and healthy, and we will be coordinating with the office of Commissioner Suarez to do this after that they complete the work. So the resolution before you, sponsored by Commissioner Suarez and myself, is to accept the $150, 000 grant from Coca-Cola Company for the enhancement of Shenandoah Park. Commissioner Suarez: Move it for discussion. Chair Gort: Okay. It's been moved by -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Suarez; second by Commissioner Carollo; discussion. Commissioner Suarez: Thank you, Mr. Chairman. Thank you, Mr. Mayor. I very much first of all appreciate you claming that scrivener's error in the agenda. I very much appreciate you considering Shenandoah Park, and obviously, the Coca-Cola Company for ultimately accepting the grant application. You know, had a very good week in District 4 with yourself, City Manager, the Parks director, who came to two groundbreaking ceremonies last week; one in Bryan Park, which, as you know, Mr. Mayor, was a long process that we kind of worked together on for over a decade to try to -- Mayor Regalado: Actually 11 years. Commissioner Suarez: Right. That's why I said "over a decade." I didn't want to date you too badly, but, you know, it was tough, because we were trying to do a good thing. We had bond City of Miami Page 107 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 money allocated and we had to sift through what the community wanted in that park, and that was something that took a lot of listening, and a lot of give and take, and a lot of you know, trying to work through the different issues. And then we had the one at West End Park where Chairwoman, County Commission Chairwoman Rebecca Sosa was kind enough to allocate -- I think it's -- what's the final allocation, Mr. Mayor; is it $2 million? Mayor Regalado: One point five plus if we need more -- Commissioner Suarez: Right, true. Mayor Regalado: -- she says that she has some money available. Commissioner Suarez: So, you know, for the parks, you know, it was a great week, and I thank you for that. You know, we also have the beginnings of -- and I thank my colleagues, 'cause without their support, it would not have been possible -- of getting the temporary permanent fire station that was in Shenandoah Park removed, and, you know, I want to say that this is something that inures not only to my benefit, but also to Commissioner Carollo's benefit, because he regularly attends the Shenandoah Homeowners meetings, and he and I share, you know, five blocks of Shenandoah that go from 17th into 12th, and we've worked together on 17th Avenue, and on the 12th Avenue park that he's creating, and the swing set there that's -- it's going to be a beautiful project, as well. So, you know, I think, you know, this allocation by Coca-Cola with your leadership and the cooperation of our district and the Administration, to me is an incredibly positive thing, and I'm hopeful that -- One of the things that you and I talked about at the beginning of the meeting is the idea, when they remove the temporary fire station, of the possibility of having some sort of water feature that we have in -- something similar to what we have in Grapeland, which Grapeland has a great park there. But I thank you again. I thank you for this. I agree with you, the one thing about our parks -- and Commissioner Sarnoff, I think, was the one who first kind of really brought this to my consciousness -- is they're so utilized, I mean, and now, particularly with the ones that are closed, it seems like it's like been a sift for all the other parks, so when you go there now, recently -- I'm sure you guys have experienced the same thing, and it's exactly what you're talking about, Mr. Mayor -- is that they are -- I mean you can -- the kids are like one waiting for the other one to get down the slide. I mean, it's unbelievable, and we're lucky, you know, that we've been able to in the course of your tenure and mine do many of the parks in our district, and this will be a continuation of that, so thank you. Chair Gort: Any further discussion? By the way, the school system, the Shenandoah Junior High uses that park quite a bit, right? Commissioner Suarez: Yeah. Mayor Regalado: They use the library and they use the park sometimes, the Shenandoah Middle, that is across the street. Chair Gort: Right, right. Mayor Regalado: And -- but the issue is, Mr. Chairman, that there are activities there. And like Commissioner said, the trailer and the facilities occupy a lot of space, and that had been a very long conversation with the residents and all that. Then you have the gym, the gym that is utilized. But he's right, on a given -- any given Sunday, there is a line of children waiting to use the playground. I've seen it myself several -- and, yes, it's a very limited use that Shenandoah Middle uses the park, but mainly, the park is used at different hours by residents of the community. Commissioner Suarez: And let me just finish -- City of Miami Page 108 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Any further discussion? Commissioner Suarez: No. Let me just finish by saying that we need lighting in that swing set, because it even gets used at night, and I think that's -- Mayor Regalado: And that's the point, and that's the -- and an important issue that I mentioned to the people of Coca-Cola, and that would be the Parks director's, you know, guidance -- is that you need to somehow fence the playground. Commissioner Suarez: Yeah. Mayor Regalado: Because there are teenagers on bicycles going through. There are people playing racquetball, you know, that are trying to get the ball, kick the children, because they are right in the middle. So part of the project will be to sort of have a nice fence around the playground. Chair Gort: Okay, thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mayor Regalado: Thank you very much. RE.13 RESOLUTION 14-00653 Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A Development PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT Authority AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("DDA"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATES, TIMES AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 14-00653 Memo - DDA.pdf 14-00653 Proposed DDA Board Reso.pdf 14-00653 Back -Up from Law Dept.pdf 14-00653 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0304 Chair Gort: RE.13. Commissioner Sarnoff. RE.13, Mr. Chair, is the mill rate set for the DDA (Downtown Development Authority). It is a flat mill rate that we had last year and I believe the year before, and the director, Alyce Robertson, is here. City of Miami Page 109 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Alyce Robertson (Director, Downtown Development Authority): Hi. Chair Gort: Yes, ma'am. Ms. Robertson: Yeah, exactly as Commissioner Sarnoff said, this is a flat -- Chair Gort: Excuse me. You are? Ms. Robertson: Oh. Alyce Robertson, executive director of the Miami Downtown Development Authority. Chair Gort: Thankyou. Ms. Robertson: Sorry. I forgot. This is a flat rate recommendation coming forward. As last year, we're keeping it for the third year in a row to be flat at 478 mills; .478 mills, excuse me. Chair Gort: Thankyou. Commissioner Sarnoff. I'll move it, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Moved by -- second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. Ms. Robertson: Thank you very much. Chair Gort: Thankyou. RE.14 RESOLUTION 14-00569 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A and Budget PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATES, TIMES AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 14-00569 Summary Form.pdf 14-00569 Back -Up from Law Dept.pdf 14-00569 Legislation.pdf City of Miami Page HO Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Noes: 1 - Commissioner(s) Suarez R-14-0298 Chair Gort: Ready for RE.14? Daniel J. Alfonso (City Manager): Yes, we are, Mr. Chairman. RE.14 is a resolution approving the City's millage. The Budget director will discuss it. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. My apologies for missing the item before. I was upstairs working. This is setting the two millage rates that are in the proposed budget; the general operating millage of 7.6465 mills and the debt service rate of 0.7385 mills. This is a reduction overall in the millage rate, and it is in the proposed budget books that have been released a few weeks ago. I'll entertain any questions you may have. Chair Gort: Okay, thank you. Any question, motion? Further discussion? Commissioner Sarnoff Sure, I'd say something. I would certainly be amenable -- I don't think anybody else would I don't think the Mayor would, but I shouldn't speak for you -- to raising the mill rate if we were to simply put that money towards the additional police. I'd be amenable to that. I'd make the motion. Whether it gets seconded or not, I don't know, and it would allow and afford everybody the opportunity, and the money would be special revenue and only put towards police. Chair Gort: Okay, there's a motion. Is there a second? Is there a second? Dies for lack of a second. Commissioner Sarnoff Dies its own timely death. Commissioner Carollo: I make a motion on RE.14 Chair Gort: There's a motion by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Discussion. Being none, all in favor, state it by saying "aye." Commissioner Sarnoff Aye. Commissioner Carollo: Aye. Vice Chair Hardemon: Aye. Chair Gort: Aye. Commissioner Suarez: No. Chair Gort: Register one "no." Commissioner Suarez: I'm think -- I'm assuming it was as is, right? City of Miami Page 111 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: Yeah, it is. Commissioner Suarez: Yeah. No. Mr. Rose: Thank you, Mr. Chair. Commissioner Suarez: (UNINTELLIGIBLE) vote against it last year. Chair Gort: Okay. RE.15 RESOLUTION 14-00700 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING Commissioner Marc SUPPORT FOR ALL ABOARD FLORIDA TO INCLUDE A MULTI -USE David Sarnoff PEDESTRIAN AND BICYCLE PATH (RAIL -WITH -TRAIL) ALONG THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND REQUESTING SUBMITTAL OF FINAL DESIGN PROPOSALS RELATED THERETO FOR FURTHER REVIEW BY THE CITY COMMISSION; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 14-00700 Legislation.pdf 14-00700-Submittal-Commissioner Sarnoff-BPAC Resolution 01-2014.pdf 14-00700-Submittal-rails-to-trails Presentation.pdf Motion by Commissioner Sarnoff, 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-14-0297 Chair Gort: RE.14. Daniel J. Alfonso (City Manager): Commissioner, the folks who are working on those numbers are corning right down. Can we do RE.15 real quick? 'Cause -- Chair Gort: Sure, no problem. Let's go; RE.15. Commissioner Sarnoff. Mr. Chair, thank -- Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. Thank you, Mr. Chair. This happens to be a resolution endorsing -- as soon as -- people keep taking stuff away from me here -- of the City of Miami expressing support for the All Aboard Florida to include a multi -use pedestrian and bicycle path, right-of-way with the rail along with the Florida East Coast Railroad right-of-way. I've provided each one of you a small PowerPoint, and here's -- here are the basic -- we don't -- do we have the ability to show this? No? Do we have the ability to show this on the screen or --? That's all right. Unidentified Speaker: Not right now. Commissioner Sarnoff. Okay. So very briefly, as you know, we're about to go north/south, and if we create an opportunity where we could have people with bikes, people -- runners -- and you know what? Instead of making this a longer Commission meeting than I need to, the health benefits, the safety benefits are so prevalent, they become linear parks, Mr. Chair. It gets people City of Miami Page 112 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 out running; it gets bicyclists out biking. Just think about this: You could literally bike from here to West Palm Beach and literally do so in reasonable safety. Obviously, there'd be some rail crossings. To give you an idea of the people who have endorsed this concept, it has been the B-Pack, just recently did it at the County. There have been numerous municipalities. The Florida Department of Environmental Protection has endorsed this. I would move this, Mr. Chair. It's just wisdom, it's smart. While they're in the planning stages, can they find the opportunity to create a Rails for Trails? Chair Gort: Thank you. It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second; discussion. Chair Gort: Second by Commissioner Carollo. Discussion; you're recognized. Commissioner Carollo: I mean, I love it; it sounds great. Now, with regards to paying, cost, are you suggesting that All Aboard Florida -- how? Commissioner Sarnoff Most of it is non -cost. Sometimes, there is a cost, Commissioner, and they've been getting grants. I'm not suggesting we, in any way, shape or form, pay for this; that's not what I'm suggesting at all. But there are opportunities for them to get grants; they've been doing that. There's an opportunity the County may want to get involved. They've approached me about doing it in downtown, a little farther up. I think, you know, conversationally, I was going to say something to you earlier which is -- has to do with CIP (Capital Improvements Program). This is a perfectly legitimate way of addressing you on this. The way CIP has always addressed me or any project, "What do you want it to be, Commissioner? Let's scope the project." And then they'll say, "We'll find out if you have a funding source for this "; if we could legitimately find a funding source." So we're at that stage right now where -- what is the parameters of Rails for Trails? Is it 15 feet, where there's enough right-of-way? Does it go down to 10 feet, where there's not enough right-of-way? What happens when there's no right-of-way? Those are things that are being scoped out right now. So they're asking municipalities, governmental entities, you know, really just to say, "Are you in support of this?" I, in no way, shape or form are [sic] committing the City of Miami in any fashion to funding this issue. I'm just saying that we support the concept, and if you bring it back to us, let us take a look at it to see what it really looks like. Commissioner Carollo: I got you. I mean, I don't see why anyone would be against this if that's the case, especially if, you know, they would have to bring anything back to us for us to actually approve and see what the final outcome would be. And at the same time, I mean, you know, I want to see exactly if something like this is done, what properties are they also taking? I mean, does that mean that some properties may have to be eminent domain or not? And you know, these are -- and again, listen, I'm telling you, I love the concept. However, these are -- you know, whenever -- and I'm not saying it happened now, but the reason why I'm cautious is because I understand that especially in the City of Miami, nothing is easy, okay? Now -- but that's fine, 'cause I come here knowing that. I come here knowing that, and that's why I address all the issues, knowing the fact that there's going to be obstacles in everything that I try to do, because nothing in the City of Miami is easy. Now, with that said, you know, this looks great, but I know it's not going to be easy. There's -- I just mentioned costs, you know, other concern, maybe -- is this going to have to, you know, eminent domain some land, you know, property owners? I'm not sure, but what I'm saying is I know usually when an attorney says, "But what could go wrong?" You know, every time I hear that from an attorney, oh, boy, I get very nervous because -- Commissioner Sarnoff And I get that same feeling when my accountant says, "You don't owe anything." Commissioner Carollo: Change accountants. I know a very good accounting firm. But City of Miami Page 113 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 anyways, so, yes, I'm definitely in support of this, and anything concrete would have to come back to this Commission. Commissioner Sarnoff Fair enough. If you want to even change the resolution that the final plan come back to the City Commission, I think that's a great resolution modifier. Commissioner Carollo: Yeah, absolutely, yes. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: I just want to briefly kind of keep more praise on this, and I think it's in line with Project Greenway, it's in line with the Ludlam Trail. I don't know if you've seen the recent schematics and ideas on Ludlam Trail. It's gorgeous. And I know it's not maybe fully what some people want, but I think it is a very healthy compromise, and, you know, if it gets done the way that it's being envisioned right now, I think it will be spectacular for my district, and I think Commissioner Gort's district, as well. We share a little bit of that Flagami part. Commissioner Sarnoff Yeah. We're actually talking about -- Mr. Chair, I apologize. But if Ludlam happens, I mean, you could literally go as far south as you can think about to as far north -- Commissioner Suarez: Right. Commissioner Sarnoff -- as you can think about. Commissioner Suarez: That's a linear park. Commissioner Sarnoff Yeah. And all of a sudden, you could say you want a day -- you want to do a three-day bike, let's say, to Daytona Beach. Commissioner Suarez: Right. Commissioner Sarnoff Not unheard of. Commissioner Suarez: That would be awesome. Chair Gort: Good exercise. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: Without going into the details, I echo the sentiments of my colleagues, and this actually brings up an issue that happens within my district that I wasn't aware of Even as my time as a Public Defender, I never had seen cases where there are people, when they cross the railroad tracks that consistently get arrested, so we have literally hundreds of arrests that occur on our -- when people cross on the railroad tracks, and usually, it affects the people who are residents of the Overtown community. And ironically, I had a chance to see a video of it actually occurring. And I had never even seen these type of police. They're not City of Miami police officers. They're -- I don't know if you'd call them -- Al Crespo: Railroad police. City of Miami Page 114 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Vice Chair Hardemon: They're railroad police, and they have marked cars; it just says "police." IfI were stopped by that police officer, I would probably walk away, 'cause I have no idea who they are. I've never seen their insignia before, and all the time that I've been in -- practicing criminal defense law, and I've witnessed them put people in handcuffs on video, put them in handcuffs, put them in back of a car and drive them away to -- where they took them, I have no idea at this point, which is a frightening experience for me as a defense attorney, watching that happen, 'cause I don't know what kind of advice I could give to whoever it was being arrested. Commissioner Carollo: Is it a State agency? 'Cause I have never heard of railroad police. Chair Gort: I never heard of it. Commissioner Carollo: Is it a State agency? Is it a Federal agency? Victoria Mendez (City Attorney): I believe it's the FEC (Florida East Coast) Police. Commissioner Sarnoff Right. Ms. Mendez: FEC. Commissioner Carollo: So it's a Federal agency? I haven't -- Commissioner Sarnoff State -- you sure -- Commissioner Carollo: I've never heard of them. Commissioner Sarnoff I think it is Federal. Vice Chair Hardemon: So -- but this is a huge problem. Commissioner Carollo: Who funds them? Someone has to fund them and -- Vice Chair Hardemon: This is a -- this is -- and I believe -- and Mr. Crespo may know a little bit more about it, because I'm sure he's covered it, but let me finish. They're -- I had never seen it before. I heard a complaint about it, and then I happened to come across a video of it actually happening, and there were -- I mean, there're hundreds of arrests like this. I don't know what happens when they go to court; they might be thrown out. I don't know if the officers come and test, but at least the people who are crossing the railroad tracks are being arrested for trespass, so this, to me, alleviates that problem, because it beautifies that way, and then also, it gives people an opportunity to walk along the tracks and not walk necessarily in our roads or things of that nature that may cause them harm. Chair Gort: Yes, sir, you got the answer. Mr. Crespo: Good afternoon. Yes. I wrote two stories about this. Chair Gort: Okay. Mr. Crespo: There were -- in the a year from July 1 of 2012 or August 1, 2012 to July 30 of 2013, there were 261 people who were arrested crossing the railroad track at 17th Street. There were additional hundred and f fifty -some people who were arrested from loth Street to 20th Street. They're just -- they are arrested by the FEC Police, the FEC Railroad Police. There's a guy who actually gave me the information, a guy named Edduard Prince, who was arrested several times, and he filed a lawsuit against the FEC, and that's probably somewhere in litigation; I don't know where it's at. But I had spoken to our former public -- or your former public service -- Public City of Miami Page 115 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Works director about this issue, and he expressed an issue -- I think maybe he can speak to it -- about he had been talking to the FEC people about bridging that section of road. And it's real -- I've been out there personally to try to interview people about this, and it's people who are going to the Publix, people who work in the Checkers and, you know, and stores on the east side of Miami Avenue. It's basically poor people who have no other -- have to walk around almost a mile in order to -- Chair Gort: Cross the thing. Mr. Crespo: -- cross the thing. So I think it's a really serious problem. It's -- I mean, it's -- they're being punished for being poor. Chair Gort: Right. Mr. Crespo: And that's -- Chair Gort: Thank you. Mr. Crespo: Yep. Chair Gort: Public Works, do we know where they take them? Mr. Crespo: Yeah. Oh, no, I do know that. They take them to Gilford Center, those that are arrested. The file -- the cases are almost all dropped. I've talked to the State's Attorney's Office, and the Public Defender's Office. These are misdemeanors. They're part of the 50,000 misdemeanors that are filed in Miami -Dade County every year; approximately 50,000 misdemeanors. They don't get legal representation, because they are dismissed and never heard. They -- these remain on people's records as a trespass or whatever, you know, and they're just dismissed. But -- and the people in the Public Defender's Office have been upset about this, because -- and the State's Attorney, I've been told, as well; they're upset because it's just a burdensome addition to the process, you know, which is already -- the courts are already clogged with too many cases, and these are all thrown out of court as soon as they show up. Chair Gort: Thank you, sir, and I do have a problem with the -- with trains. I mean, I have this train, it goes through my neighborhoods about 4:30 in the morning, and if you ever think you can sleep with those horns going off at full blast. Now, I realize there's two different trains company. One has got the -- what do you call them? There's no sign -- Mr. Alfonso: Quiet zones. Chair Gort: The quiet zone that we required, and we got it all the way to 22ndAvenue, but east of 22nd Avenue, we don't have a quiet zone. So I hope we could start working on that, because I get a lot of complaints on that, 'cause those people have got to get up at 6 or 5 in the morning to go work, and they wake 'em up at 4 o'clock; that it's a beautiful alarm. I mean, it's great, but it's the wrong time. Mr. Alfonso: Yes, Commissioner, we're looking into that. It is -- CSX (Chessie Seaboard Express) is the -- Chair Gort: Right. Mr. Alfonso: -- right-of-way that currently does not have a quiet zone, and their trains are required to blow the horns when they approach intersections. Chair Gort: Yes, ma'am. City of Miami Page 116 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Ms. Mendez: I was Googling and I also got some information from my Police legal advisor, Mr. Wysong. Basically, their powers are under Florida Statute 354, and each special officer shall have an exercise through the common carrier for which he or she is appointed the power to have arrest for violation of the law on the property of such common carrier railroad, and to arrest persons whether on or off the property violating any of the laws of the property, you know, so trespass is usually -- Chair Gort: Do they have signs "no trespassing" and all that? Ms. Mendez: Well, you're not supposed to cross railroads; that's -- Chair Gort: I was not aware of that. Ms. Mendez: -- railroad tracks, no. Chair Gort: Okay. We got to work on that. Vice Chair Hardemon: But clearly, I mean, this is an issue, just like Mr. Crespo said. I mean, the people who cross railroad tracks can't afford to own a car to go around the railroad tracks. I mean, that's as simple as you can probably put it. And I've witnessed people have photo shoots on railroad tracks, and I don't know how -- what the statistics are about people who're doing photo shoots. They usually look a lot more either handsome or beautiful than the people who are getting arrested for crossing them. So this is a problem, especially if it's clogging our judicial system, and that would explain why I never see the case, because it's dismissed. It's just the same as arresting a homeless person for having alcohol; it never goes to trial. Chair Gort: Okay. Commissioner Sarnoff So -- Chair Gort: I have a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Commissioner Carollo: And Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Back to this. We already approved it, but is it possible to reach out to our legislative liaison and maybe for the next session of the Florida House and Florida Senate, we could possibly pass some type of resolution and show our disapproval of what's going on since they're the ones who fund this police agency, I guess, that I've never heard of? Chair Gort: Let me ask a question. While you're working on the quiet zone, can maybe you talk to them, deal -- see if they can create it where they make the most arrest, if they can create some kind of a pathway? Mr. Alfonso: Commissioner, we have reached out, actually, to FEC, which is the other rail corridor where the -- most of the problems are occurring I believe are around 17th Street in the Overtown area. They have enforced their right-of-way. We have spoken to them. We actually were in discussion to try to create some kind of overpass in conjunction perhaps with funding City of Miami Page 117 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 from the Omni or the Overtown CRA (Community Redevelopment Agency) and the City or something, but the FEC has a lot of rights when it comes to the right-of-way, and they are enforcing their trespassing rights. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: But -- and excuse me for my ignorance in this, but aren't there other places besides 10th to 20th Street where people are capable of crossing railroad tracks where they can be subject to arrest? Mr. Alfonso: Yes. Vice Chair Hardemon: But the vast majority are coming from the community of Overtown? Mr. Alfonso: The numbers show that; yes, Commissioner. Chair Gort: Thank you. Okay. Yes, sir. Mr. Crespo: I'd like to add one thing. Every other cross street is fenced off, 15th Street, 16th Street are crossed off. There's a fence that stops people from going across. Seventeenth Street is not crossed off. If the FEC really wants to enforce no trespassing, all they got to do is put a fence up. They have not put a fence up, right? And that's the problem. If they don't want people to go across that street, they could have easily solved this problem without arresting all these people. They could have put a fence up, like they did on 15th Street and 16th Street. Twentieth Street and 10th Street are actual thoroughfares, so, you know, but 17th Street is a problem, because they haven't fenced it. Chair Gort: Thank you. RE.16 RESOLUTION 14-00693 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED TWENTY-TWO MILLION DOLLARS ($22,000,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI, FLORIDA ("CITY") SPECIAL OBLIGATION NON -AD VALOREM REVENUE REFUNDING BOND, SERIES 2014 ("BOND"); PROVIDING FOR THE PRIVATE PLACEMENT AND NEGOTIATED SALE OF SAID BOND TO PNC BANK, NATIONAL ASSOCIATION ("BANK"); SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE BOND, AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LOAN AGREEMENT, THE BOND, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER ALL NECESSARY NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE REDEMPTION OF THE $13,255,000.00 OUTSTANDING PRINCIPAL City of Miami Page 118 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 AMOUNT OF THE CITY'S SPECIAL OBLIGATION NON AD -VALOREM REVENUE REFUNDING BONDS, SERIES 2002AAND $7,430,000.00 OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S SPECIAL OBLIGATION NON AD -VALOREM REVENUE REFUNDING BONDS, SERIES 2002C; AND PROVIDING APPLICABLE EFFECTIVE DATES. 14-00693 Summary Form.pdf 14-00693 Legislation.pdf 14-00693 Exhibit 1 - Bank Loan RFP.pdf 14-00693 Exhibit 2 - Bank Loan Proposal.pdf 14-00693 Exhibit 3 - Presentation.pdf 14-00693 Exhibit 4- Waiver.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-14-0299 Daniel J. Alfonso (City Manager): Commissioners, we had a request to do RE.16 before lunch, the refinancing of the City's bonds, because we have Finance Department here. Chair Gort: Go right ahead. Jose Fernandez: Good morning, Commissioners. Jose Fernandez, Finance director. RE.16 is a resolution of the City of Miami Commission providing for the issuance of not to exceed $22 million in the aggregate principal amount of a City of Miami special obligation, non -ad valorem revenue refunding, Bond Series 2014; providing for the private placement and negotiated sale of said bond to PNC National Association Bank. And it's basically to refund the 2002A and "C" bonds which are currently outstanding. Mr. Alfonso: Yeah. One thing I want to make clear, Commissioners. Chair Gort: Yes, sir. Mr. Alfonso: Same principal, same term, lower interest rate. Chair Gort: My understanding is we save 5 percent on debt service? Mr. Fernandez: Actually, that was before yesterday, but now it's at about 5.8 percent, yes. Chair Gort: Five point eight percent. Mr. Fernandez: Yes. Mr. Alfonso: Yes. Chair Gort: Okay. Commissioner Sarnoff But -- Chair Gort: Yes, sir. Commissioner Sarnoff I'll make the motion, Mr. Chair, and also say this is directly opposite of the way the County does things. We are not increasing our debt. We are lowering our debt City of Miami Page 119 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 service, and this is something that you have to really give your applauds to this Administration, the financial part of it, and Danny Alfonso. Commissioner Carollo: Second. Victoria Mendez (City Attorney): Commissioners, before -- Chair Gort: Been moved and second. Yes. Ms. Mendez: -- you take a vote, I just wanted to clearly point out, our bond counsel for this is Foley andLardner. Chair Gort: Right. Ms. Mendez: They represent PNC Bank in other places in the United States, but I just wanted you to know no litigation, nothing of that nature, but I wanted you -- to make sure that you knew before we voted on this that they represent the City and other banks, but only in these types of issues; no litigation, no adverse litigation. Chair Gort: Okay. Ms. Mendez: Thank you. Chair Gort: Thank you. Is any further discussion? Being none, all in favor, state it by saying e. The Commission (Collectively): Aye. Chair Gort: I'm also, my understanding, the Finance Department is going to be looking at all the bonds that might be refinanced for additional saving and debt service. Thank you. I appreciate it. Later... Commissioner Suarez: Point of privilege, Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: I just wanted to -- nobody really commended the Administration on the -- and maybe they did when I wasn't here -- refinancing of the bonds. Chair Gort: No, we did. Commissioner Suarez: Okay. 'Cause, I mean, those are the kinds of recurring savings that, you know, we really thank you for looking under the nooks and the crannies for those savings, 'cause they add up, and that's a significant amount just on one -- on two bond series. Thank you. Sorry, Mr. Chair. Chair Gort: Thank you, sir. RE.17 RESOLUTION 14-00708 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY City of Miami Page 120 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NICHOLSON CONSTRUCTION CO., A FOR PROFIT CORPORATION, FOR THE USE OF APPROXIMATELY FIVE (5) ACRES OF THE CITY -OWNED PROPERTY LOCATED ON A PORTION OF VIRGINIA KEY AT 3801 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR USE OF EQUIPMENT TRANSPORT, CLEAN FILL STOCKPILING AND BARGE LOADING AND UNLOADING ACTIVITIES IN CONNECTION WITH THE NORRIS CUT TUNNEL PROJECT, PROVIDING FOR CONSIDERATION IN THE FORM OF A ONE TIME PAYMENT OF $50,000.00 AND THE PROVISION OF OVER 30,000 CUBIC YARDS OF CLEAN FILL; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 14-00708 Summary Form.pdf 14-00708 Legislation.pdf 14-00708 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.17 was deferred to the September 11, 2014 Regular Commission Meeting. END OF RESOLUTIONS BUDGET BU.1 BUDGET DISCUSSION ITEM 14-00572 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2013-2014 BUDGET II. PROPOSED 2014-2015 BUDGET 14-00572 Summary Form.pdf DISCUSSED Chair Gort: Discussion item. Commissioner Sarnoff. I don't think anybody wants to talk about police, so. Chair Gort: No, I think we had enough talk. Commissioner Sarnoff. Right, I agree, I agree. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. Item BU.1 is the monthly report on where we are in the current fiscal year. It was emailed (electronic) out to everyone a few days ago. We're now three quarters of the way through the fiscal year, and we are conservatively projecting that the City of Miami will end the year with a surplus of $16.8 million. This does not include the value of item RE.8 that was heard earlier today, which was the ratification of the 1907 CBA (Collective Bargaining Agreement) amendment. If this happens as projected, the City of Miami balance, fund balance would increase from 75.5 million in the current year to 92.3 million at the end of this year, which City of Miami Page 121 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 is closer to the 20 percent fund balance referenced in the Financial Integrity Principles. Both revenues and expenses year to date are higher than they were at this time last year, and we're keeping a good eye on, in particular, Police and Fire, and no other departments are we projecting to go over budget in the current year. I can entertain any questions you may have. Commissioner Suarez: Thank you. Chair Gort: Any questions. Thank you. Daniel J. Alfonso (City Manager): Yes. Commissioners, at this time, ifI may, I want to bring something to the Commission's attention since we're talking about the budget. We have a contract with South Florida Workforce. Mr. Rose: South Florida Workforce, yes, sir. Mr. Alfonso: And they provide a grant for a program which we've been operating out of Lindsey Hopkins. It is a wonderful program, it's working out great, and we're helping the community. The South Florida Workforce, though, is historically a little slow in getting the contract approved. This Commission already passed the contract as they had originally allowed us to get the grant. They are delaying a little bit the process that was supposed to start as of July 1. We had -- this Commission already approved it prior, and as of right now, since they have not signed off on the other side, we are currently incurring expenses that when the grant is finally approved, we will be able to reimburse, but for now, we're kind of carrying the cost. And if the South Florida Workforce for whatever reason decides to change the scope of the grant or not, then we will have to come back to this Commission and say, "Well, we need to make changes to appropriation, whether we slow down that program, shut it down," et cetera, but we don't think it'll get to that point. I just wanted to bring that to your attention. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: I actually started listening halfway through, but it's something that I've been mentioning every single time, especially when it comes for approval, the funding for South Florida Workforce. I think now it's Career Florida; they changed the name. It's highly -- it has a lot of restrictions, so if those restrictions are not met, you cannot use the funding, and I'm just afraid that we may have -- we may be on the hook and -- Mr. Alfonso: No, we -- Commissioner Carollo: -- that's where every time that I -- and I'm telling you, I'm the former chairman of South Florida Workforce many years ago, so all that funding is -- has a lot of requirements. Mr. Alfonso: And we know that it is a cumbersome process, but we meet every requirement. They have audited us, we've done very well in the audits, we meet the requirements, and they've reimbursed us for the past years that we've been running the program, already for over a year. It's just the renewal of the contract; they're slow in signing it. There are some questions as to some metrics that they might want to change, et cetera, and that's of concern, so I just wanted to bring that to your attention. Chair Gort: Sounds like CDBG (Community Development Block Grant). Mr. Alfonso: Except we don't have problems spending. We're spending. We just want to make sure we get reimbursed. City of Miami Page 122 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 DI.1 14-00578 City Commission Chair Gort: Well the -- is any idea when the contract will be signed? Is there anything that we can do to make sure that they sign the contract? I mean, what are the reasons for the -- they're stating for not signing the contract? Lillian Blondet (Director): We just have -- Lillian Blondet, Office of Grants Administration. We just haven't received the contract for this year that started July 1, and we haven't received any information on when we're going to receive the contract. Chair Gort: Mr. Manager, I think we have a good relationship with them. I think we have performed very well, and I'm proud of the work they've done so far. I think you should give them a call and find out what's going on; if not, let us know. We'll make our calls ourselves, too. Mr. Alfonso: Thank you, Commissioner. We'll be reaching out to them and letting you know. Chair Gort: Okay. Ms. Blondet: Thank you. Chair Gort: Thank you. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00578 Cover Page.pdf 14-00578-Submittal-City Manager Memo -Police Department Hiring and Staff Update.pdf DISCUSSED Note for the Record: Please refer to Item PA.1 for the minutes pertaining to this discussion item. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Okay, PZ (Planning & Zoning). Commissioner Carollo: Yeah, let's do PZ items. Commissioner Suarez: I want to hear your take, too. Victoria Mendez (City Attorney): I'll be reading the procedures for PZ. PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak will be sworn in by the Clerk. Please note Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute 2860115 and 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the item they may also wish the right to an evidentiary hearing. The order of presentation shall be as described in City of Miami Page 123 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PZ.1 11-01196ac the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes unless modified by the Chair. The City Commission -- the City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Todd B. Hannon (City Clerk): Good evening, ladies and gentlemen. If you will be speaking on today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF A "L" SHAPED ALLEY LOCATED BETWEEN NORTHEAST 40TH STREET AND NORTHEAST 41 ST STREET FROM APPROXIMATELY 225 FEET TO 433 FEET EAST OF NORTHEAST 1ST AVENUE, MIAMI, FLORIDA. 11-01196ac Fact Sheet.pdf 11-01196acAnalysis, Maps & PZAB Reso.pdf 11-01196ac Application & Supporting Docs.pdf 11-01196ac Resolution (v2).pdf 11-01196ac Exhibit.pdf LOCATION: Approximately Between NE 40th Street and NE 41 st Street from approximately 225 Feet to 433 Feet East of NE 1st Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven Gretenstein on behalf of Gator Acquisitions Inc., FCAA, LLC and Dacra Design Moore (Del), LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 3, 2014 by a vote of 7-0. PLANNING, ZONING, AND APPEALS BOARD: Recommended approval on June 4, 2014 by a vote of 9-0. PURPOSE: This will unify the property to enable the development of retail, office and restaurants in accordance with the adopted Design District Special Area Plan. An ingress/egress easement will be provided on the closed end of the alley to provide continuity to the remaining portion of the alley. City of Miami Page 124 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-1 4-0300 Vice Chair Hardemon: I'd like to call our attention to PZ.1. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.1 is a request by resolution before this Commission for an alley closure. This is to take place in the Design District, in District 5. This alley closure is for the west side of Northeast 2ndAvenue between Northeast 40th Street and Northeast 41st Street. This item has been reviewed by all the lower boards. It has been found to comply with all the technical requirements. It was recommended for approval by the Plat & Street Committee and also recommended for approval unanimously by the Planning, Zoning & Appeals Board. The Planning & Zoning Department recommends approval, and we will be glad to answer any questions you may have. Vice Chair Hardemon: You're recognized, sir. Steve Wernick: Vice Chair, Commissioners, Steve Wernick; offices at 1 Southeast 3rdAvenue; the firm Akerman on behalf of the applicant. This alley closure will effectuate the pedestrian passageway that runs north to south in the Design District. We have letters of support from all of the neighboring property owners, and as Mr. Garcia mentioned, the Planning, Zoning & Appeals Board recommended approval, the Plat & Street Committee recommended approval, and we're here for any questions that you may have. Vice Chair Hardemon: Is there anyone from the public that would like to speak on this matter? Seeing none, I'm going to close the public hearing at this time. Commissioners, the Chair is willing to entertain a motion to approve. Commissioner Carollo: You need to pass the gavel, right? Do you want me to make the motion? Vice Chair Hardemon: No, I'm not moving. I'm chairing, so someone else has to move. Commissioner Carollo: Yeah, that's why I'm saying -- Commissioner Sarnoff Second. Vice Chair Hardemon: I'm willing to entertain a motion to approve. Commissioner Carollo: So I'll make the motion. Commissioner Sarnoff Second. Vice Chair Hardemon: It's been properly moved and seconded that we pass PZ.1. Is there any unreadiness, any discussion? Commissioner Carollo: Yes, Mr. Chairman. I just want to ver that with regards to this alley closure, this reverts back to the original owners, correct? So this is not any property that the City could actually obtain funding for, or sell, or --? And I just want to ver and put that in the record. Mr. Garcia: That is correct, sir. As it is always the case, to the extent that the alley in question will no longer serve a public purpose, it reverts back to the original property owners and therefore, to the abutting property owners on either side. In this particular case, I should add, to City of Miami Page 125 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PZ.2 14-00211 ac make the record clear, that unlike some of the alleys that were the subject of a citywide ordinance this morning, this particular alley had been improved and was providing a service for the properties abutting it; however, the redevelopment that will result from the closure of the alley will provide for those services onsite, and that, therefore, negates the use for the alley. Commissioner Carollo: Thank you. Vice Chair Hardemon: Is there any further unreadiness? Hearing none, all in favor, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. Mr. Wernick: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN EAST/WEST ALLEY LOCATED BETWEEN NORTHEAST 40TH STREET AND NORTHEAST 41 ST STREET FROM NORTHEAST 1ST AVENUE TO APPROXIMATELY 175 FEET WEST OF NORTHEAST 1ST AVENUE, MIAMI, FLORIDA. 14-00211ac Fact Sheet.pdf 14-00211acAnalysis, Maps & PZAB Reso.pdf 14-00211acApplication & Supporting Docs.pdf 14-00211ac Resolution (v2).pdf 14-00211ac Exhibit.pdf 14-00211ac Exhibit 1.pdf LOCATION: Approximately A Portion of an East/West Alley Located Between NE 40th Street and NE 41 st from NE 1st Avenue to Approximately 175 Feet West of NE 1st Avenue [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J, Wernick, Esquire, on behalf of Lovely Rita, LLC and Sweet Virginia Acquisitions, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on December 5, 2013 by a vote of 5-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 23, 2014 by a vote of 7-1, with conditions. PURPOSE: The alley closure and reconfiguration of the site into two tracts will enable the construction of approximately 46,115 square feet of retail shops, 16 residential condos and related parking garages. A proposed ingress/egress easement will be platted to provide uninterrupted access to the remainder of the City of Miami Page 126 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 alley serving the entire block. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0301 Vice Chair Hardemon: Moving on to PZ.2. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.2 is likewise a proposal for an alley closure, also in the Design District; as a matter of fact, one block east -- I'm sorry -- one block west of the previous application. This is for an alley closure -- to dedicate a portion of an alley, I should say -- east/west between Northeast 40th Street and Northeast 41st Street, from Northeast Ist Avenue to approximately 175 feet west of Northeast Ist Avenue. This, too, has been reviewed by the lower boards and by staff, and it is being recommended for approval. I should add that the approval of the Planning, Zoning & Appeals Board was -- or the recommendation for approval, rather -- was done with some conditions. I'd like to read you an excerpt regarding those conditions for the record. There are two conditions; in particular, one is that an MOT -- so a Management of Trafc Plan -- be put in place that satisfies the needs of abutting property owners. The applicant has acceded to do that. And the second condition has to do with a height clearance, and to that effect, the height clearance of the ingress/egress easement has been set at 20.5 feet; that, too, is acceptable not only to the applicant, but to the abutting property owners. And pursuant to those two conditions, which I think the applicant will stipulate they are in agreement with, the recommendation stands for approval, both from staff and from the lower boards. Vice Chair Hardemon: Is there anyone from the public that'd like to speak on this matter? I want to give the proponent of the alley closure an opportunity to speak. You're recognized, sir. Neisen Kasdin: Okay. I thought you were asking for the public first. Neisen Kasdin, Akerman, LLP (Limited Liability Partnership) representing the applicant. I think the Planning director has explained to you that this application for a vacation has Plat & Streets, as well as the PZAB (Planning, Zoning & Appeals Board) is now before you. We have worked extensively with the neighbors to accommodate their needs during the construction of the alley, as well, and they are in accord with our proceeding with this alley vacation. This is also, as you may know, part of the master plan for the Design District. It is to provide -- allow for the construction of a parking garage of approximately 738 spaces to service the Design District; that is both the Miami Design District Associates properties, but also properties throughout the area. It'll be a public open garage. We agree with the conditions. I would like to note for the record though the Planning director -- with respect to condition number two, on the -- which is the height clearance of the proposed 20-and-a-half-foot public ingress/egress easement depicted on the tentative plat shall accommodate vehicles, not just semi -trucks. I mean, it's going to be big enough, obviously, to accommodate semi -trucks, but it's going to accommodate vehicles, all kinds of vehicles that would fit in there. Mr. Garcia: That revision certainly is reasonable, and it complies with the intent of the condition, of course. Mr. Kasdin: So if there are any questions that you have, I'd be happy to answer them. Vice Chair Hardemon: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Same question as in the last agenda item. If you could just answer "yes," same answer, then I'm okay with it. City of Miami Page 127 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Garcia: The same answer. And just for clarity sake, Commissioner, this, too, is an alley that had been improved and was fulfilling service requirements; however, the redevelopment of the property will include provisions so that those service characteristics will be addressed internally onsite without any undue impact to the abutting property owners. Vice Chair Hardemon: I do have a question. Where we are, if you look between 40th and 41 st Street, this alleyway is in between those two streets and along Northeast 1st Avenue. However, from the way that I'm seeing the diagram, it appears to be that the -- there's some alleyway, a majority of the alleyway that is still there, and it goes westward towards North Miami Avenue. Mr. Kasdin: Correct. And what we're doing, Commissioner, is, as you see, creating an egress and -- which you can see here if we point it out -- creating an egress so that you can go right through to -- so cars can or service vehicles can go in and out without having to back up. So all the -- and that is on our own property, which we are creating that egress, which will go under the garage; represents that 20-and-a-half-foot clearance that we're providing. So, yes, the remainder of the alley will remain open. The portion that is in red is the portion that will be closed. The portion in yellow is the portion that will be dedicated for the use of the City for public purposes. Vice Chair Hardemon: And the section that goes out onto 41 st Street? Mr. Kasdin: Yes, sir. Vice Chair Hardemon: West of that, is that your property, also; west of the yellow? So just west of the yellow, so just west of the -- Mr. Kasdin: Yes, because the garage is actually going to go over that, so that cut -through goes under the garage, so the portion that is west is owned by the applicants. Vice Chair Hardemon: And the Fire Department had no problem with the direction in which this ingress and egress is traveling? Mr. Garcia: Their review and input of the Fire -Rescue Department is folded into the Plat & Street Committee, and so they take again those concerns; yes, sir. Vice Chair Hardemon: Are there any other discussions or questions? Hearing none, the Chair is willing to entertain a motion to approve. Commissioner Suarez: So moved. Todd B. Hannon (City Clerk): Excuse me, Chair, I'm sorry. Briefly, Mr. Planning Director, the modification to condition number two, does that amend the legislation? Vice Chair Hardemon: As amended. Victoria Mendez (City Attorney): Yes. Vice Chair Hardemon: Move it as -- Commissioner Suarez: Move it as amended. Commissioner Carollo: Second. Vice Chair Hardemon: It's been properly moved and seconded that we approve this as amended. City of Miami Page 128 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PZ.3 06-02072ac1 Is there any further discussion, any unreadiness? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: Against? Motion passes. Mr. Kasdin: Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN ALLEY LOCATED BETWEEN NORTHEAST MIAMI PLACE AND NORTHEAST 1ST AVENUE FROM NORTHEAST 16TH STREET TO APPROXIMATELY 230 FEET NORTH OF NORTHEAST 16TH STREET, MIAMI, FLORIDA. 06-02072ac1 Fact Sheet.pdf 06-02072ac1 Analysis, Maps & PZAB Reso.pdf 06-02072ac1 Application & Supporting Docs.pdf 06-02072ac1 Resolution (v2).pdf 06-02072ac1 Exhibit.pdf LOCATION: Approximately Between NE Miami Place and NE 1st Avenue from NE 16th Street to approximately 230 Feet North of NE 16th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of NR MaxMiami, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 3, 2014 by a vote of 5 in favor, 0 in denial and 1 no objection. PLANNING, ZONING, AND APPEALS BOARD: Recommended approval on June 4, 2014 by a vote of 9-0. PURPOSE: This will unify the south end of the block to enable a residential development. A public access easement will be provided at the closed end of the alley to provide continuity to the remaining portion of the alley. Motion by Commissioner Sarnoff, 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-14-0302 Chair Gort: PZ.4. Vice Chair Hardemon: Three. City of Miami Page 129 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: Oh, PZ.3. Francisco Garcia (Director, Planning & Zoning): Item PZ 3 is next before you. This is also an alley closure. This is actually for an alley that is on the north side of Northeast 16th Street between North Miami Place and Northeast 1st Avenue. The purpose of this closure is to un the development parcel and allow for the redevelopment of the property. Unlike the two previous applications, this is an alley that has not previously been improved, and might have otherwise been included in the item that was not heard this morning, but because it was not heard this morning and they -- the applicant is willing to move forward in furtherance of the redevelopment efforts on the property, it can be considered by the Commission. The lower boards as well as staff have reviewed the application, are recommending favorably. It certainly complies with all the applicable Code requirements. Commissioner Sarnoff So move, Mr. Chair. Commissioner Suarez: Second. Chair Gort: It's been moved. Is there a second? Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff second by Commissioner Suarez. Questions? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Yes. I'm going to ask the same question that I asked in PZ.1 and PZ.2, and I just need verification from the Administration. Mr. Garcia: Certainly, sir, and I intended to put that in the record beforehand and I did not, so my apologies. Yes, it is also the case in this particular property that by virtue of the fact that this previously dedicated alley will cease to have any potential functions for the property, then it should revert back to the property owners abutting the property, and the applicant represents said property owners. Ben Fernandez: That's correct. Chair Gort: Any other question? Any other question? Okay, no more discussion. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Fernandez: Thank you. Chair Gort: Great presentation. PZ.4 ORDINANCE 13-01259I u First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE City of Miami Page 130 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-01259Iu Analysis, Maps & PZAB Reso.pdf 13-01259lu Application & Supporting Docs.pdf 13-012591u Legislation (v2) 13-012591u Exhibit LOCATION: Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71st Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC and 7120 Biscayne, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-01259zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 10-0. See companion File ID 13-01259zc. PURPOSE: This will change the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: PZ 4. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.4 andPZ.5 are companion items. These are before you on first reading, and this is a land use change and a rezoning proposed for properties at 7100 and 7120 Biscayne Boulevard, as well as 565 Northeast 71 st Street. The changes proposed are in terms of land use designation from duplex residential to restricted commercial, and in terms of zoning, the proposed change is from T3-L to T4-L. Now, this is a proposed change of zoning for a parcel that is immediately behind a property that fronts on Biscayne Boulevard, and the reason for the proposal is that, that rear parcel is going to be used for surface parking purposes. There is a covenant attached to the zoning application that specifies as much and allows for the use of the land to be put to any use allowable in T3, and for a surface parking with the appropriate buffer and in compliance with Miami 21. Based on those restrictions, we are certainly happy to recommend approval as well as have all the lower boards, and subject to the covenant that is on the zoning item, and we are happy to answer any questions you may have. Vice Chair Hardemon: I have a question. Chair Gort: Yes, sir. City of Miami Page 131 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Vice Chair Hardemon: Can you update us on the progress since the last deferral? What progress has been made since then? Gilberto Pastoriza: Mr. Chairman, Gilberto Pastoriza, 2525 Ponce de Leon. At the time, we had not completed or your City Attorneys had not completed the review of the covenant, okay? We have made the corrections that your City Attorney wanted on the covenant, and that's the reason why we deferred it the last time, so that we were able to present to you a covenant that had already been reviewed and approved by your City Attorney. Vice Chair Hardemon: Members of the Commission, I move to approve PZ.4. Commissioner Suarez: Second. Chair Gort: Okay. It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion? It's an ordinance. Todd B. Hannon (City Clerk): Chair, your public hearing, was it opened and closed? Chair Gort: Yes, open and close. Thank you. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ.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: Take care. PZ.5 ORDINANCE 13-01259zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 AND 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71 ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-01259zcAnalysis, Maps & PZAB Reso.pdf 13-01259zc Application & Supporting Docs.pdf 13-01259zc Legislation (v2) 13-01259zc Exhibit LOCATION: Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71st Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC and 7120 Biscayne, LLC FINDING(S): City of Miami Page 132 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-012591u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 10-0. See companion File ID 13-012591u. PURPOSE: This will change the above properties from "T3-L" to "T4-L". Item includes a Restrictive Covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: PZ. S. Gilberto Pastoriza: We still have 5, which is the companion item. Francisco Garcia (Director, Planning & Zoning): May I request of the Commission that on item PZ.5 reference be made to the covenant that has been proffered by the applicant, please? Chair Gort: Okay. Victoria Mendez (City Attorney): And since there have been amendments to the covenant between first and -- Mr. Pastoriza: No, no, this is first reading. Ms. Mendez: Oh, okay. Thank you. Vice Chair Hardemon: I'm looking at Section 5 where it talks about: "This instrument may be amended, modified or released by written instrument executed by then owners of the properties provided name is also approved by the City Attorney." It does not indicate that it must come back before the City Commission, so I'd like to modify the covenant to state that. Ms. Mendez: That's the one that we asked for them to make, so you might have a -- Mr. Pastoriza: You may have an old one, Mr. Commissioner. Vice Chair Hardemon: Okay. So that language is included? Ms. Mendez: Yes. Mr. Pastoriza: Yes. Vice Chair Hardemon: Okay. My intent is clear. Seeing that -- Mr. Pastoriza: Yes. Vice Chair Hardemon: -- my intent is clear, I move to approve. Chair Gort: It's been moved. Commissioner Suarez: Second. Chair Gort: Is there a second? Moved by -- Commissioner Suarez: Second. City of Miami Page 133 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Suarez. Open the public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, well close the public hearing. 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 PZ 5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Mr. Pastoriza: Thank you. Have a good day. Chair Gort: Thank you; you, too. PZ.6 ORDINANCE 13-00573Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 400, 408 & 440 NORTHWEST 36TH COURT, A PORTION OF 460 NORTHWEST 36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-005731u SR Fact Sheet.pdf 13-00573Iu Analysis, Maps, PZAB Reso.pdf 13-005731u Application & Supporting Docs.pdf 13-005731u Legislation (v2) 13-005731u Exhibit.pdf LOCATION: Approximately 400, 408 & 440 NW 36th Court, a Portion of 460 NW 36th Court and a Portion of 427 NW 37th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of West Flagler Associates, Ltd. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-00573zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by a vote of 9-0. See companion File ID 13-00573zc. City of Miami Page 13a Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 PURPOSE: This will change the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13469 Chair Gort: PZ. 6. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.6 and PZ 7 are companion items. These are a land use change and a rezoning proposed for a property at approximately 400 Northwest 36th Court. This is roughly immediately east of the Magic City Casino. This is before you on second reading, and there are a couple of changes to note between the first reading and the second reading; I'll mention those briefly. At first reading, you heard this item as an application for a land use to go to restricted commercial and a zoning to go to T4-O. That has been modified, and this is now further restrictive, in which case, it's certainly complying with all the applicable requirements, but I wanted to note for the record that the changes now sought for a land use designation of low density restricted commercial and for a zoning designation of T4-L; again, I emphasize both more restrictive. And this proposal was reviewed by staff, and also by lower boards, and recommended for approval. We stand by that recommendation, and we'll be happy to answer any questions you may have. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. It -- public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we close the public hearing. Discussion. Being none, 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 PZ 6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. PZ.7 ORDINANCE 13-00573zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 400, 408 AND 440 NORTHWEST 36TH COURT, A PORTION OF 460 NORTHWEST 36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 135 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 13-00573zc SR Fact Sheet.pdf 13-00573zcAnalysis, Maps & PZAB Reso.pdf 13-00573zc Application & Supporting Docs.pdf 13-00573zc Legislation (v3).pdf 13-00573zc Exhibit LOCATION: Approximately 400, 408 & 440 NW 36th Court, a Portion of 460 NW 36th Court and a Portion of 427 NW 37th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of West Flagler Associates, Ltd. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 13-005731u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 30, 2014 by vote of 9-0. See companion File ID 13-005731u. PURPOSE: This will change the above properties from "T3-O" to "T4-L". Item does not include a covenant. 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 13470 Chair Gort: PZ.7. We open and closed the public hearing on both of them. Commissioner Suarez: Move it. Chair Gort: It's been moved by -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Suarez; second by Commissioner Carollo. Any further discussion? It's an ordinance. Victoria Mendez (City Attorney): Commissioner, one moment, because my PZ. 7 is misplaced; one second. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ 7. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. Ines Marrero-Priegues: Thank you very much. Have a good summer. PZ.8 ORDINANCE 04-003291u Second Reading City of Miami Page 136 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2110, 2118 AND 2134 NORTH MIAMI AVENUE AND 2101, 2129 AND 2135 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-003291u SR Fact Sheet.pdf 04-003291u Analysis, Maps, PZAB Reso.pdf 04-003291u Application & Supporting Docs.pdf 04-003291u Legislation (v2) 04-003291u Exhibit LOCATION: Approximately 2110, 2118 & 2134 N Miami Avenue and 2101, 2129 & 2135 NW Miami Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Miami Town Center Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 04-00329zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 9-1. See companion File ID 04-00329zc. PURPOSE: This will change the above properties from "Light Industrial" to "General Commercial". Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13471 Chair Gort: PZ 8. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.8 and PZ.9 are companion items. These are a land use amendment and a rezoning for properties at approximately 2110 North Miami Avenue. This is in the Wynwood area. This particular change is what we hope to be the last of a series that you have entertained in the last few months in the Wynwood area prior to the actual adoption of a master plan. At the insistence of the City Attorney's Office and for purposes of building a record, I'd like to share with you some quick images of the master plan that we have recently received as a draft document, and I do so just to substantiate the fact that there is, in fact, a move afoot to change the zoning overall, and what I would like to further submit into the record is the fact that this rezoning application will, once the master plan is adopted, which we expect will be not too long from now, be very much in keeping City of Miami Page 137 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 with that master plan. I should also emphasize the role that the Wynwood BID (Business Improvement District) has played in this entire process, and I think that they will come forward and support the application, as well. We've been working with them very closely. And so briefly, with your indulgence, I'd like to share with you that an extensive study has taken place of the Wynwood District, both to study its present conditions -- you see some sketches before you presented, and if we can go to the next image, you'll see that all the connectivity items of the Wynwood area have also been closely studied, as well as the fact that some major arteries have been designated as entry points again to enhance that connectivity, as well as the adjacent conditions to the abutting areas; that's been taken into consideration. Next slide. What you see in this slide is the present zoning with the properties superimposed, and these are actually the property owners that have become members of the BID, so they're certainly a dominant majority; nevertheless, you will see some areas that are not covered. That is because mostly these are residential areas, and to the extent that that is desirable, they shall remain as residential areas, and they too will be folded into the master plan. And you see on the bottom right-hand corner the subject parcel before you today for rezoning and change of land use has been highlighted and circled. Next slide. And there you see what we are envisioning now will be the result of this exercise, which is a comprehensive master plan and rezoning of the entire area to transition into a more of a mixed -use area in character, and perhaps to some extent, away from the light industrial uses that exist there now. Well, of course, respecting its somewhat industrial character. Again, I offer that to you as substantiation of the fact that this particular proposal before you today should be the last in the series, and hopefully, in the very near future, we shall have a master plan in place that will govern the redevelopment of the Wynwood area, which we frankly think is very exciting, and are expecting to take off rather nicely. I should also add for the record briefly that all of your staff, the Public Works Department, the Planning & Zoning Department, as well as all the lower boards have reviewed this application, and have recommended it for approval. On the documentation, you will see that the Planning & Zoning recommendation is as denial, and the evidence I've introduced for you or consideration a moment ago basically explains that although technically speaking, it does not comply with some of the requirements for Miami 21, the master plan will actually fold in the fact that they -- it will be compatible with all the properties around it, and so we urge you to consider it favorably. Chair Gort: Okay, thank you. Yes, ma'am. Lucia Dougherty: Good afternoon, Mr. Chair and members of the Board. Lucia Dougherty with offices at 1221 -- I'm sorry -- 333 Avenue of the Americas, and joining me is my colleague, Iris Iscarra; Sunny Bazbaz, who is the owner of the property and his colleague, Albert Price. This is a residential project in the Wynwood area. At first reading, we had members of the BID who came and supported it, as well as our adjoining neighbors. We have no objection from any resident or property owner in the area, and we'd urge your approval. Chair Gort: Thank you. I'll open the public hearing. Is anyone in the public would like to address this issue? Hearing none, seeing none, close the public hearing. Comments. Motions. Commissioner Suarez: Move it. Chair Gort: Discussion. Commissioner Carollo: Second. Commissioner Sarnoff Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff Any discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 138 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Todd B. Hannon (City Clerk): Roll call on item PZ 8. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. PZ.9 ORDINANCE 04-00329zc Second 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 "D1" TO "T6-8-O", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2110, 2118 AND 2134 NORTH MIAMI AVENUE AND 2101, 2129 AND 2135 NORTHWEST MIAMI COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00329zc SR Fact Sheet.pdf 04-00329zc Application & Supporting Docs.pdf 04-00329zcAnalysis, Maps, PZAB Reso.pdf 04-00329zc Legislation (v2) 04-00329zc Exhibit LOCATION: Approximately 2110, 2118 & 2134 N Miami Avenue and 2101, 2129 & 2135 NW Miami Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris Escarra, Esquire, on behalf of Miami Town Center Holdings, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 04-003291u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 9-1. See companion File ID 04-003291u. PURPOSE: This will change the above properties from "D-1" to "T6-8-O". Item does not include a covenant. 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 13472 Chair Gort: PZ.9, companion item. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Carollo. Open the public hearings. Seeing none, hearing none, close the public hearings. And comments? An ordinance. Yes, sir. An ordinance. City of Miami Page 139 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Victoria Mendez (City Attorney): An ordinance of the Miami City Commission amending Ordinance Number 10544, as amended, the future land use map of the Miami Comprehensive Neighborhood Plan -- this is PH9, correct? I mean PZ9? Chair Gort: Yes. Ms. Mendez: I apologize. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ9. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Gort: Thank you. Lucia Dougherty: Thank you very much. Chair Gort: Great presentation. PZ.10 ORDINANCE 14-00411 Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "CENTRAL BUSINESS DISTRICT" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT" TO "PUBLIC PARKS AND RECREATION" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-004111u SR Fact Sheet.pdf 14-004111u Analysis, Maps, PZAB Reso.pdf 14-004111u Legislation (v2) 14-004111u Exhibit.pdf LOCATION: Approximately 104 NW 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FI NDI NG(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-00411zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on City of Miami Page 140 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 May 21, 2014 by a vote of 10-0. See companion File ID 14-00411 zc. PURPOSE: This will change the above property from "Central Business District" within the "Urban Central Business District" to "Public Parks and Recreation" within the "Urban Central Business District". Motion by Commissioner Sarnoff, 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 13473 Chair Gort: Yes, sir. Francisco Garcia (Director, Planning & Zoning): Yes, sir. The next items before you are PZ.10 and PZ.11. These are also companion items. These are for the land use change and zoning change for a parcel in downtown Miami which is located at approximately 104 Northwest 1st Avenue. This is before you on second reading. The changes purposed are in terms of land use from Central Business District with the urban -- within rather -- the Urban Central Business District to Public Parks and Recreation. And as pertains to zoning, the proposed change is from T6-80 to CS, which stands for "civic space." These, you may remember, is for a smallish triangular parcel of land directly across the street from the courthouse in downtown Miami, and the purpose, of course, is to make out of this parcel of land a park. That's all I have by way of presentation. 171 answer any questions you may have. Chair Gort: Okay. The -- open the public hearings. Is anyone in the public would like to address these issues? Seeing none, hearing none, close the public hearings. Do I have a motion? This is PZ.9 and PZ 10, second reading. Do I have a motion? Commissioner Sarnoff So move. Sorry, Mr. Chair. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff. Second -- he's still doing his homework. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Victoria Mendez (City Attorney): PZ.10. Chair Gort: Yes, PZ.10 The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.10. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. PZ.11 ORDINANCE Second Reading 14-00411 zc City of Miami Page 141 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-80-0" URBAN CORE TRANSECT ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGA SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 14-00411zc SR Fact Sheet.pdf 14-00411zcAnalysis, Maps, PZAB Reso.pdf 14-00411zc Legislation (v2) 14-00411zc Exhibit.pdf LOCATION: Approximately 104 NW 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 14-004111u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 21, 2014 by a vote of 10-0. See companion File ID 14-004111u. PURPOSE: This will change the above property from "T6-80" Urban Core Transect Zone to "CS" Civic Space Zone. Item does not include a covenant. Motion by Commissioner Sarnoff, 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 13474 Chair Gort: PZ 11. The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Need a motion. Commissioner Sarnoff. So move, sir. Chair Gort: Moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none -- Todd B. Hannon (City Clerk): Let me do the roll call, sir. Chair Gort: -- call the roll. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. City of Miami Page 142 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 NA.1 14-00733 Chair Gort: Thank you. END OF PLANNING AND ZONING ITEMS 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 END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM VICE CHAIR HARDEMON ANNOUNCED URGENT INC.'S SUMMER YOUTH PROGRAM, F.A.C.E. (FILM, ARTS AND CULTURE, CODING, ENTREPRENEURSHIP) WILL HOST OVERTOWN'S FIRST POP-UP SHOP IN PARTNERSHIP WITH LOCAL BUSINESSES AND MOSELLE'S BOUTIQUE, ON JULY 25, 2014 FROM 2:00 P.M. - 6:00 P.M. LOCATED AT 1033 NORTHWEST 3RD AVENUE, TO SELL PRODUCTS THAT WERE DESIGNED City of Miami Page 143 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 NA.2 14-00734 AND PRODUCED BY THE ENTREPRENEURSHIP SUMMER INTERNS. DISCUSSED Chair Gort: We'll be back at 2:30. Vice Chair Hardemon: Could I say one thing -- Chair Gort: Yes. Vice Chair Hardemon: -- before we leave? Chair Gort: Sure. Vice Chair Hardemon: So I can direct people. With the help of well, the Southeast Overtown/ Park West CRA (Community Redevelopment Agency) and the board members who sit up here with me, we created the PACE [sic]. Remember the program for -- I'm sorry; FACE program, which is Film, Arts & Culture, Coding and Entrepreneurship program for students that are within the Overtown area, and they were used to get involved in all these different things, and they got paychecks for the summer to keep them out of the trouble and also teach them some skills. So Urgent, Inc. Summer Youth Employment program, the FACE program, will host their final Pop -Up Show -- Pop -Up Shop event Friday, July 25, 2014, from 2 p.m. till 6 p.m. So this year the entrepreneurship interns have opened up Overtown's first Pop -Up Shop in partnership with the local business, Mozelle's Boutique, in order to sell products they have designed and produced that celebrate the past, present, and future of Overtown. So the Pop -Up store is located at Mozelle's Boutique on 1033 Northwest 3rdAvenue. The FACE program provides youth who live in the community of Overtown and District 5 with the opportunity to engage in hands-on experimental learning by working on projects led by industry professionals and paid summer interns. So this is one of the products that they actually created. This is water bottle that reads "Towner For Life. Overtown Established 1896." And what's interesting about this is with the new development that we're having in Overtown, they could very well be towners for life, where they've ascended different income levels. And along with this, I purchased myself a Overtown wristband, T-shirts, and other items. So these children have taken this program and created a business out of it, and so that's something that should be commended and we should patronize it. Thank you very much. Chair Gort: Thank you. And you can announce it again after -- in the afternoon. Thank you. We'll be back at 2:30. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY IDENTIFY AVAILABLE FUNDING SOURCES IN DISTRICT 3 AND ANY OTHER AVAILABLE FUNDING SOURCES FOR THE TOWER THEATER AND THE DOMINO PARK PROJECTS. 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-14-0295 Chair Gort: We have quorum. Mr. Mayor, you wanted to be recognized as the first item after lunch, but my understanding is we should have full Commission. City of Miami Page 144 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Before we take up any item, I'd like to request a point of privilege. Chair Gort: Yes. Commissioner Carollo: Thank you, Mr. Chairman. And as you know, before we went to lunch break, I specifically requested to hear RE.7 after lunch so I have a chance to meet with the Administration regarding CIP (Capital Improvements Project). Unfortunately, they come back a little late. I was waiting to meet with the Manager, and that was at 2:55 when he came to my office and we just finished the meeting, so that's why we're here now. Now, with that said, as you all know, this is nothing new. I have requested information with regards to CIP on numerous occasions. And as I've made the case on numerous occasions, we cannot make prudent decisions if we don't have that information from the Administration. With that said, there's information that I am requesting -- that I have requested for quite some time. Apparently, it's still not readily available or I keep getting excuses. And the bottom line is that if we don't appropriate certain dollars by today, we're going to lose at least a month and a half in time to do some of these projects. So I am requesting from my colleagues to -- and I will make a motion directing the Manager to have his staff look at all the funding sources available in order to fund these projects so that today I can make those allocations. So I request and I make a motion directing the Manager to have your staff look at starting immediately those funding sources so I can make the allocation, and that's my motion, and I hope that my colleagues back me. And again, Commissioner Suarez, you know, just like you said, all the different departments, including Police, is reflected on the Manager; you know, so is CIP, and you very well know how important CIP is also for our residents. So -- Commissioner Suarez: Absolutely. Commissioner Carollo: -- that's my motion; if someone could second it, and if could please have the backing of my colleagues. Commissioner Suarez: Can I get some clarification on the motion? Commissioner Carollo: Yeah. Commissioner Suarez: Just 'cause I'm -- I was kind of coming in as you were starting your presentation. Commissioner Carollo: Absolutely. Commissioner Suarez: So I just want to make sure that I understand what's going on. I just want to make sure that I know what the motion is so that I -- Commissioner Carollo: Yeah. Do you want me to restate it or do --? Commissioner Suarez: Please, if you don't mind. Vice Chair Gort: Yeah. Commissioner Carollo: Okay. My motion is directing the City Manager -- Commissioner Suarez: Okay. City of Miami Page 145 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: -- to immediately ask his staff to start looking at all the available funding sources in order to fund two projects which I have requested. Now, one of them -- and I will tell you -- is Tower Theater. Commissioner Suarez: Okay. Commissioner Carollo: Tower Theater, we've allocated seven hundred and something thousand dollars from CDBG (Community Development Block Grant) and that work has been done. They needed an additional $200,000, and I have asked from all the available funding sources to look and see if there's monies available. In all fairness, Commissioner Suarez, when I've requested this information, it hasn't even been citywide pot. Commissioner Suarez: Right, and that's what I was wondering. Commissioner Carollo: It's been District 3. Commissioner Suarez: Right. Commissioner Carollo: And I -- so I know where you're going with that. Commissioner Suarez: Right. Commissioner Carollo: But I wanted to expand it to see, okay, let's look at all over since there's some -- since there's apparent certain requirements that we don't spend the money by "X" amount of time, we're going to lose it, so that's why I want to -- Commissioner Suarez: Okay. Commissioner Carollo: -- broaden it. But realistically, it's within District 3. Now -- Commissioner Suarez: What was the second part? Commissioner Carollo: -- I was told, I was told that they were doing this back Tuesday, Monday of last week before this Commission meeting, and it's my understanding that -- no; they just forgot about it or they're not doing it or -- I don't know. I keep getting excuses. The bottom line is, like I mentioned to the Manager, this is something that's not going to go away. Every time that I ask for something, I make sure that I'm reasonable in my request. And the bottom line is that I know I am being extremely reasonable. It's something that not from now; years ago -- and let me go back to the minutes and so forth; I had been requesting some of this information. Yes, some information have been provided, but not what I need. And I think you all could appreciate that in order to make prudent and educated decisions, we depend on the management for the information. If we don't have that information, we cannot make the right decisions, or there's a possibility that the decisions that we make are not the correct ones, and therefore, I am requesting for your support in order to be able to find every possibility to allocate the monies for those projects. By the way, I also gave the Administration a list of potential areas where the money could be and -- Commissioner Suarez: Can I just ask for a little bit more clari -- what's the second project? 'Cause I want to get an idea of what the scope of the ask is, 'cause I -- Commissioner Carollo: Yes. Commissioner Suarez: -- got the scope on the first one. City of Miami Page 146 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: I could give you the amounts on the first one. The amount of the first one -- Commissioner Suarez: Two hundred and something? Commissioner Carollo: -- is about two hundred. Chair Gort: Two hundred thousand. Commissioner Suarez: The second one? Commissioner Carollo: The second one is Domino Park. At the very least, at the very least, we want to do where re -- we want to redo the fencing and the entrance within Domino Park. If you haven't -- if any of you haven't noticed by now, the amount of tourists that visit Domino Park is outrageous. Chair Gort: It's finally working. Commissioner Carollo: Domino Park is known internationally. Calle Ocho and Domino Park is known internationally. Andl can tell you this, at least I feel that it's somewhat embarrassing when we have tour buses, after tour buses, after tour buses going to Domino Park and it's in the conditions that it is. And like I told the Manager, this is not going to go away. I am going to fight for this, because the truth of the matter is that Little Havana -- and you're talking to a Commissioner, okay -- this is a Commissioner that has always looked at the -- viewed the City citywide; and even though our area may not have something, that doesn't mean that I don't go ahead and approve it for another area, and I could demonstrate that time and time again. But the bottom line is, especially in an area that is receiving the amount of tourists that we are receiving, we definitely need to pay some attention to it. And I am not going to stand any longer just passively seeing this when, you know what? We can make a difference, and we can make a difference with very little. Commissioner Suarez: What's the scope of the ask on the second one? Commissioner Carollo: The scope on the ask on the second one, at the very least, for the fencing area, we're thinking about 200, 000. However, however, we are looking to see the interior, because a lot of the residents that go there are having issues getting wet, other issues. Commissioner Suarez: Okay. Commissioner Carollo: So the bottom line is that we have a scope of an estimate, but we don't have the exact amount. Commissioner Suarez: Of course. Commissioner Carollo: But the bottom line is, I would want at least the work to get started. Commissioner Suarez: And I'll second your motion. I just wanted to get a sense for what the ask was. Commissioner Carollo: Absolutely. Commissioner Suarez: I think we -- I mean, we all do that whenever there's a -- Commissioner Carollo: Absolutely. City of Miami Page 147 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: -- kind of an ask like that. And obviously, you know this, and I think you all know this, I've always been very -- tried to be generous, and it's not like generosity; it's not my money. It's money that sometimes is allocated to a district, et cetera, but -- you know, we all have been very fair with each other in being mindful of the fact that, you know, we may be asking one district today and the other day -- so we kind of keep a running balance, in a sense, but we try to also be flexible with each other, and I think that's -- we just respect each other. There's always been a respect, and I'm very fortunate to say that when I talk to people, I always, you know -- and I think the Chairman is very good at saying how good our Commission is and how much we respect each other, so I have no problem supporting that. I'll back you up. You know, I just want to make sure that we know what the scope of the ask is so that, you know, in the event that -- you know, in this budgetary process, there's going to be a pull and a tug on a variety of issues, and I just want to make sure that we kind of keep a sense for what we're talking about. Commissioner Carollo: Commissioner, thank you. And by the way, I'm not asking for anything unreasonable. Commissioner Suarez: I'm not saying you are. Commissioner Carollo: I'm very cautious with asking for anything unreasonable. And all I'm saying is, listen, at the very least, I gave the Administration -- I did the homework. I gave the Administration a list of possible funding sources and -- at the very least, from their numbers, you know, balances that there were. And I said, "Okay, if there's balances, what are those balances for?" In other words, are -- is it allocated? Is it not? Where are we with it? So at the very least, I want to know if some of those different funding sources that I pointed out to them, based on their numbers, is available so we could do these projects. And all I'm saying is I want the Administration working on this, and I want to make sure that they know that this is important. It's important to me, it's important to Little Havana, and it's important to the residents. Chair Gort: Let me ask a question. Do you need to -- does it have to be resolution? Because we need to understand, the Latin Quarter was created over 20 years ago for the purpose that has taken place today. When we created the Latin Quarter, it was to make a tourist attraction about -- on an ethnic neighborhood. Now it's beginning to work. We have at least about 15 to 20 buses going daily in there. It's not only a great tourist attraction -- and you're right, the Domino Park is the most used park per square foot in the United States, and it's always been from the creation of it. My question is -- my understanding is the bathrooms were in very bad shape also. Did we have taken care of the bathrooms? Commissioner Carollo: Commissioner, yes, sir. Chair Gort: That's been finished? Commissioner Carollo: Yes. However, what occurred is that we're doing all the upgrades to Domino Park. However, the residents and the people that visit there and play Dominos requested that with all the upgrades, if at all possible, we will not close the park, and therefore, we're doing it in phases. Chair Gort: Right. Commissioner Carollo: So the first phase was the bathrooms, and now we're looking at the entranceway, and soon we will be looking at the inside of Domino Park. Chair Gort: I think this is a citywide issue. I think this is a pilot program that has worked in that area, and I know we're trying to implement that in other neighborhoods. We're trying to do that in District 5. We're trying to do that in District 1 also. So I think it's important that we take care of those items there. City of Miami Page 148 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: And let me be clear -- Chair Gort: Any other dis-- Commissioner Carollo: -- Commissioner. I'm not asking for monies from another district or anything of that. I'm saying within District 3, there is different funding sources that apparently have the fundings available for that. I want to explore that and at the very least, be able to tell me yea or nay, but why the yea or nay, you know. IfI see -- Chair Gort: Got you. My question is, Do you need a resolution for that? Can we just instruct the Manager to ask his staff to look into those requirements? Commissioner Carollo: With all due respect, Mr. Chairman, I want the resolution. I want to make sure that -- Chair Gort: All right, all right. Commissioner Carollo: -- the Manager understands that this is important. This is important to all of us. Vice Chair Hardemon: I just want the motion to be clarified for me. I was out at the time. Todd B. Hannon (City Clerk): Chair, Commissioners, the motion that I have on the floor is a motion by Commissioner Carollo directing the Administration to work with his office to ident fy all available funds to be used for two projects, Howard [sic] Theater and Domino Park. And that's the motion that I have on the floor. Commissioner Carollo: I want to make sure that the word tmmediately'fs in there, because I want to be able to bring that allocation. And yes, in all fairness, it will be one of my very, very, very few pocket items. And if you look at the history of how many pocket items I have done, I think you'll probably count them in one hand. So if it's -- and if we could get down to the merits, is this an emergency? Yes. We may actually lose a month and a half especially with an area that is visited by I don't know how many hundreds, maybe even thousands of tourists within a month. Chair Gort: Let me ask you a question. This is an item that's on the agenda. Am I correct? Commissioner Carollo: Well -- Commissioner Suarez: No. Commissioner Carollo: -- there is an item in the agenda that we could -- Chair Gort: That deal with this? Commissioner Suarez: No. Chair Gort: It doesn't have to be a pocket item? Commissioner Suarez: No. Chair Gort: No? Commissioner Carollo: As far as the actual allocations. And by the way, Commissioners, I spoke to the Administration way before the timing for the agenda; however, however -- and City of Miami Page 149 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 here's the problem that I have. Here's a big problem that I have. For certain projects, the Administration can get it done. For other projects, it cannot. I remember -- let's just say, with SkyRise Miami, I can tell you this: I spoke to the Administration late on a Tuesday afternoon and everything is supposed to be done on Wednesday. On that late Tuesday afternoon, I was told the conversation has broken. There is no negotiations. There's no contact. So I figured, okay, if everything comes out on Wednesday, this cannot be done. Well, let me tell you something. At late 4:45, I was told 5 p.m. on Wednesday, "Yes, the agenda was delivered" and SkyRise was there. So for certain projects, you know, when the Administration -- or when the right strings are pulled, you know what? It gets there. Yet, for others, it doesn't. Well, I am telling you, no, not this time. Not anymore. I mean, Little Havana needs to have its fair share. Commissioner Suarez: Mr. Chair. Commissioner Carollo: And this is not something that I've brought up in the last minute. I've been speaking with the Administration for quite a few weeks ago on this particular issue, not to mention, not to mention when I've asked for all the funding sources, you know, years ago. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. I just want to point out what I think is a procedural issue that I think we should all get on the same page about. This is my view, and I don't know how you guys view it, and I'd love to hear your perspective. Without -- we have a process for our agenda and it gets approved and the Chairman and he sees it a few -- you know, weeks before and all that stuff. But as far as I'm concerned, I feel like I have the right to put anything I want on the agenda, as long as I notice it five days in advance. That's the way I look at it. So the fact that the agenda gets printed on a Friday or the Wednesday or the Tuesday or whatever, I don't abide by any of those limitations, 'cause as far as I see it, they don't apply to me. The only obligation that I have is to my colleagues that are here before me is to give you five days' notice of anything that I want bring before the Commission. That's the way I look at it. And as far as I'm concerned ifI send out an e-mail (electronic) without soliciting a response, you know, saying I'm going to put this on the agenda with five days' notice, then I've complied with our ordinances, et cetera. So that's the way I look at it. I just want to make sure that we're all on the same page because, at the end of the day, I understand that the Administration will come back to me sometimes; they'll say, "You know, to get something on the agenda, you need to put it in by a certain time, " and this that and the other. And I've instructed my chief of staff that the only timeline that I go by is our ordinance, which is that everything has to be in -- noticed to Commissioners five days in advance by 5 p.m. of-- I think it's Wednesday at 5 p.m., the week before or whatever. So that's how I operate. If I want to notice something, if it can't get on a printed book, et cetera, et cetera, I e-mail it without soliciting a response to my colleagues. It's a public record. The media -- It's totally transparent; anybody can get a hold of it, make a public record's request, or whatever the case may be, and then it can be heard without it being a pocket item, by the way. 'Cause a pocket item -- for me, I define a pocket item as something that's not within the five-day rule. That could technically, according to, you know, your passage of ordinance, be vetoed by any one Commissioner. Commissioner Carollo: Understood. Commissioner Suarez: Okay. So I just want to make sure that we're all on the same procedural page. That's the way I look at it. Commissioner Carollo: And Mr. Chairman. Chair Gort: Yes. City of Miami Page 150 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Carollo: I can assure you, if it was up to me, it would have been on. As a matter of fact, I was told that it was going to be on. I was told that it was going to be on. The only thing is the numbers may not be exact, but that it was going to be on. We checked the agenda and it was not on. I didn't even receive a courtesy phone call. I didn't even receive a courtesy phone call. The best I got is when I addressed it with the Manager. He said, "That was my fault." But you know what? "That was my fault" is not good enough, because now we're going to lose a month and a half. Tower Theater is going to have its grand opening, and I'd like to have it painted, you know, and finish what we started. So "that was my fault" is not good enough, and that's why I'm bringing this forward. And by the way, I did try by every which way to get it in the agenda. I did try. But if the Administration is telling you, `hope, we can't get it on. It's a CIP item and it doesn't get on and" -- what do you do? Commissioner Suarez: I could tell you what I would do. I would -- Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Suarez: -- email it to all my Commissioners. Commissioner Sarnoff (Inaudible) Chair. Candidly, I just want to hear -- I want to give the courtesy to Danny Alfonso that we -- that he could at least tell us what his position is. Daniel J. Alfonso (City Manager): Commissioners. Commissioner Carollo, you're right; you ask for information a lot, and as far as I see it, we give you the information. We give it to you in multiple ways. We have met with you more than any other Commissioner. We go to your office more than any other Commissioner. And I don't have a problem with that. We go on the road with you to look at projects to get scoped. Timing is important. Tower Theater has been in construction for over a year. I would say we've had chances to allocate money to the paint of the project. In terms of the dispute of the timing, the way I recall, on the Friday -- not this last week but the week before -- there was mention of "I want to change some allocation." We didn't get exactly what it was. We knew we wanted to change something. Okay, Commissioner, we believe we have an agenda item of an appropriation for CIP. We believe we can get it in there. My mistake. There was no such thing, because in the last Commission meeting, Commissioner, where we had an appropriation for CIP, we actually made amendments to that appropriation for projects in your district, specifically, on the fly, appropriating money for you, Commissioner, not with any review, not with any lengthy review of the process or timing or anything of that sort. On Tuesday, before the agenda was printed, my staff came and said, "The Commissioner wants to defund eight hundred and something thousand dollars from an entry project on Calle Ocho and allocate $750,000 to Domino Park of Homeland Defense money." Homeland Defense money, Commissioner -- we've been saying to this Commission since January -- needed to be allocated and underway prior to May 28, or whatever, because we need to go to the IRS (Internal Revenue Service) and explain why we haven't spent the money in over four years since we got it and that we have projects now underway and ask them for permission to continue those projects; otherwise, those monies go to principal and interest for the covenants in the bond. That means that ifI now come to this Commission with a new appropriation of Homeland Defense money in the month of July for a project that we haven't defined scope, we don't have in drawings, we've never heard of before, I cannot, in good conscience, stand in front of IRS or have one of our attorneys stand in front of the IRS and defend the fact that for four years we 've had this money and now we're allocating it to something else and we would like an extension, okay? So I said to you, "Commissioner, we cannot use that money." Today is when I hear that you needed the 200,000 for Tower Theater for this particular project. The ask was almost a million dollars in total Homeland Defense money. I said to you today, and I've said it to you in an e-mail that I responded to you yesterday -- or I said it to you last week, "Commissioner, we need more time to be able to analyze what funding source to use, possibly impact fees, but they don't qual, because the impact fees have to be in areas of greater than three acres." This is one of the City of Miami Page 151 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 reasons why we're trying to change the Code so that we can have that money spent in less than three acres. If we get that done -- but the second reading won't happen until September -- whenever we have the meeting -- 11 th. At that point, we could allocate maybe impact fees. And what I said to you is "We need more time to do this." We have in your district other projects that have Homeland Defense monies that are underway. We have identified a process by which we perhaps can do the same thing we did with Sunshine, where we find other expenditures, move the Homeland Defense money to them, free up those other resources and go through that rigmarole again so that we can go to the IRS and say, "Yes, we spent all the Homeland Defense money, " and now these monies that are freed up we can reappropriate to these other projects. " It takes time. We don't push a button and get those numbers. Timing is important, Commissioner. If you tell us to go out and do this right now, we will go and do this right now, and it could be midnight tonight; it could be 1 in the morning. Whatever it takes, we'll get it done. I don't think that's the way we want to make appropriations, but if that's the will of this Commission, I'm an administrator, we'll make that happen. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Let me begin by saying that no matter how many times you met with me, it really doesn't count how many times you meet; it's the productivity behind it. And meeting with you and with Mr. Spanioli and identing HD1 (Homeland Defense), and in front of you him saying, "Oh, no, that money can't be used anymore." "But what do you mean, the balance is there?" "No, no, no. We lost time. We can't do HD1. " And then a few days later saying, "Well, I guess we can, " which, by the way, Mr. Manager, you said we have four years. Whose responsibility is it to ident5 monies that are lefi over from a project so that it could be reused? Because the truth of the matter -- not me -- the auditors stated all the issues that we had with monies that were not reallocated, that were lefi in projects years, and years, and years, and years. So who is it supposed to be? Is it supposed to be the Administration in the CIP Department or is it supposed to be the Commissioners? Well, who is it? So as far as saying that, "Well, we've met with you I don't know how many times." Yeah, as a matter of fact, you've met with me quite a few times more than other Commissioners. I don't know. But I could tell you this: I look for productivity. And when the productivity is not there, that's where, yeah, ultimately, I'm so frustrated that I'm coming and bringing it in here to this Commission. As far as taking rides out in the district, yeah, I've done it with every CIP director and, again, looking at productivity. And I could give you the timeline where we took the ride and when it actually came to Commission, and we can have the discussion at another time with regards to why does it take so long. Why did they build a McDonalds -- no, let me rephrase that. Why did they tear down an existing McDonald's and rebuild a new one within 45 days, and it takes a year, a year for us to be able to redo a road in the City of Miami? Why? I don't know. Why your Budget director didn't tell you that part of the money was for Tower Theater, I don't know why. I mentioned it. And with regards to HD1, HD2, HD3, that was only one of the suggestions. There were many others. So it wasn't taken from here, taken from there. I thought I was working through your Administration to identJ where exactly we could obtain the money from, and I -- unfortunately, I've come to the conclusion that that was not the case. So what I am saying is, once again, there was a list of various funding sources that we could use; and if we cannot use, I want to know where is that money allocated to, because it shows balances. And yes, I want to start immediately so we could see if it's possible to fund those projects today. I'm not asking for anything that is recklessly or carelessly. I honestly think that that information should be readily available by the Finance Department, or by the Budget director, or by CIP; whoever's taking care of it now. That information should be readily available. I mean, it's for good accounting purposes. It should be readily available, because how could we spend money if we don't know what money there is? And again, we'll go back into the record years ago where I have requested the same thing that I have been requesting time and time again. You, yourself even admitted that in February of 2014 this year, you gave me the information, but realistically, I City of Miami Page 152 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 requested it in February 2013. So the bottom line is, I'm not here to point a finger. What I'm here for is to make sure that there's accountability and that we make -- move forward and we're able to do the projects for the residents. I think it's only fair of us that we do that. And the bottom line is, I'm not going to be passive anymore with regards to this. Those excuses just aren't good enough. They're not good enough. And the bottom line is, I spoke to your Administration well before, well before we had to put it on the agenda for the five-day rule. And if I could have, I would have put it myself just so it's there, allocated different funding sources and then figured it out. So I am asking from my colleagues to direct you -- so your Administration will start immediately, at least -- at the very least with the various funding sources, not just Homeland Defense, but all the different funding sources where there's monies available. Thank you. Chair Gort: Okay. Anyone else? Mr. Manager, I think we've asked things like this before. My understanding, the request here is $400,000, what they're looking for, and I don't know if there's still some CDBG funds available. CDBG funds can be utilized in that area, 'cause that's -- that qualifies for that. So any further comments? Yes, ma'am. Victoria Mendez (City Attorney): I just have to mention that for a non-scheduled pocket item to be introduced, everybody has to be in agreement, and I believe that already the Commissioner said that it's of an emergency nature, but to be introduced. That doesn't -- just to consider it, everybody has to be in agreement. That's why I think you're asking your colleagues. Commissioner Carollo: In all fairness, let's take it one step at a time. What I want to ask as of right now, let's direct the Manager to see what funding there is and start working on it immediately, and then we'll take it from there, because -- but yes, I'm very clear with my colleagues. Yes, with the funding, yes, I do want -- I want to make allocations, because it's the last meeting before we go on our break in August. Chair Gort: You can always have a emergency meeting. Commissioner Carollo: Yes. Chair Gort: That's no problem. Commissioner Carollo: Well, I'm not -- Chair Gort: Okay, there's a motion. Is there a second? Commissioner Carollo: It's been seconded by Commissioner Suarez. Chair Gort: By Commissioner Suarez. Further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Commissioner Carollo: Thank you, colleagues. Chair Gort: Okay. Commissioner Carollo: Thank you. Mr. Alfonso: Commissioners, can I get a clarification? Chair Gort: Sure. City of Miami Page 153 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 NA.3 14-00735 Mr. Alfonso: The 400, 000, is it from District 3? Chair Gort: Yeah. That's what he stated. Yes. Commissioner Carollo: Let's start with District 3. Let's see -- and I left it open for citywide, but you know, I'm more specific about District 3 and what -- all the information I've been requesting has been with District 3. And there's a list of funding sources that could be available within District 3, so I want to start by there. Mr. Alfonso: I just want to make sure that I understand that it's all allocated, so we'll figure out what to de -allocate. Commissioner Carollo: Well -- Chair Gort: Right. Commissioner Carollo: -- I -- from the information that was provided to me in the past, it seems like there's some balances. I want to make sure that those balances are available. If not, I'm going to request, okay, what are they allocated to? And we had this discussion in my office. You know this. I mean, it's nothing different. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE ESTABLISHED IN SECTION 54-343 (1) (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE GOOMBAY FESTIVAL TO BE HELD ON JULY 27, 2014 AT PEACOCK PARK. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0305 Chair Gort: Commissioner Carollo. Commissioner Carollo: Are we going to take up PH.9 or --? If not, then I'm going to request a ten-minute recess so I could discuss with management where we're at and the possibilities. Chair Gort: Okay, all right. Commissioner Carollo: If that's okay. Daniel J. Alfonso (City Manager): Real quick, Commissioners, I think we're ready to discuss the issue of the funds that are available. PH.9 is another item -- is it 6:30? Chair Gort: Yeah. Commissioner Carollo: Six. Mr. Alfonso: It is. We can discuss that item I suppose. But I also wanted to bring to the City of Miami Page 154 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commission another issue that was just brought to my attention, sir. The Goombay Festival is on Saturday, and the folks that organize the festival are in need of City services. The total cost of those services add up to about $22,000. Right now, my understanding is that they're about $12,000 short in the contributions that they have received. Commissioner Sarnoff made a $10,000 donation from his funds, and I cannot authorize City services without letting the Commission know the -- so I'm letting you know that they're about $12,000 short. If it's the will of the Commission that the festival move forward, we can go ahead and provide the City services, and they will -- we will bill them and try to recover the other $12, 000. Chair Gort: Yes, sir, you're recognized. Andree Whittle: Good afternoon. My name is Andree Whittle, president of Miami/Bahamas Goombay Festival in Coconut Grove. Unfortunately, we've had a shortfall with our sponsorship. The District 2 Commissioner Marc Sarnoff has been very generous in donating $10,000 toward City services. Unfortunately, we have about a $12, 000 shortfall; 4,000 of that is the money for the Business Improvement District, their impact fee, it's 4,000. So it's seven for the City and roughly 4,500 for the BID (Business Improvement District). We brought in Bahamian Tourism this year. They're coming at a level of about $38, 000. They brought over the Bahamian Police Band. They're going to be at Cromer tomorrow, you know, doing their art display. They have participated on a major level. We hope to recoup most of the funds, because we are charging for the event this year. It's a very, very important event for the City and I garner your support to assist us with these dollars to make the event move forward on Saturday. Commissioner Sarnoff Just -- I mean, the first I'm hearing of the shortfall is right now; I wasn't aware of it. I thought you guys had the whole thing covered, so they have to be more puzzled than me. You know, I'm sure everybody's got procedural reasons why we shouldn't do anything, just from a substantive basis. Just give us a broad stroke of, "I need fifty thousand, sixty" -- whatever it is you need, "and here's the amount of money I brought in, and here's who I brought it in from," and then tell us what your shortfall is. Mr. Whittle: Our shortfall is basically City services. Commissioner Sarnoff Okay. Go through the way I asked again. We'll do it one more time. Mr. Whittle: Okay. Commissioner Sarnoff Our Goombay Festival will cost `X " Mr. Whittle: Yeah. Commissioner Sarnoff "Commissioner, we have brought in 'Y.' The following people, or persons, or corporations, or countries have provided us 'Z,' and they are resulting in a short" -- "our expenses are, again, the fifty," or whatever that number is, you know, the X "' resulting in a shortfall of your 12,000. I mean, I got to tell you, if I'm curious, I know what that side of the dais has to feel like; do you understand what I'm asking you? Mr. Whittle: I understand. Commissioner Sarnoff Okay. Mr. Whittle: Basically, our budget was estimated at about $44,000 to bring this event forward. That included an estimate of in -kind services for the City equating to the amount of City services, okay? We estimated a $12,000 impact in reference -- coming from our sponsorship. We had those sponsors fall off of us in the last few days. City of Miami Page 155 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff Who -- just tell us who those sponsors were. Mr. Whittle: Budweiser and Baptist Hospital were the two sponsors that fell off of us this year. For Budweiser, basically, it was based on their commitment to the World Cup, and Baptist Hospital fell off and said they're going to work with us next year. And those were the shortfalls. And then we had to cover the historical luncheon which is going to be held tomorrow for the seniors, and that was that major piece that we expected for Baptist Hospital to pick up. Commissioner Suarez: How much was Baptist going to give you? Mr. Whittle: Five thousand. Commissioner Sarnoff And how much are they giving you? Mr. Whittle: Zero. Commissioner Sarnoff And do you have a letter or anything committing Baptist to this $5, 000? Mr. Whittle: We have a letter. Commissioner Sarnoff You have a letter. Mr. Whittle: Yeah, we have a letter. Commissioner Sarnoff Could you show it to us? Mr. Whittle: I don't have it on me, no, I do not. Commissioner Sarnoff And you -- Chair Gort: The total cost for the event is 50,000? Mr. Whittle: About -- it's about $44,000. Chair Gort: Forty-four thousand, total cost. Commissioner Sarnoff Right. Mr. Whittle: Total cost, yes. Commissioner Sarnoff And you've brought in how much money other than my ten? Mr. Whittle: We've bought [sic] in about -- thus far, probably about 18, according to your ten. And a lot of that was picked up -- see, what has happened is that a lot of our related costs were picked up by Bahamian Tourism; you know, all the cost that related to bringing over the band, the artists, et cetera, that we expected to pay, our sponsor from the Bahamas, the Islands of the Bahamas picked up those costs, including the Cromer event at Cromer, the VIP (very important person) reception tomorrow night, including the -- Commissioner Sarnoff Sorry; the what reception; VIP reception? Mr. Whittle: Yeah, the VIP reception at Cromer tomorrow; they paid for that in its entirely, which -- a cost that we didn't have to pay. So, you know, I think they're coming in at a very, very high level. They -- I mean, they even boost the amount of their package. They're at a level probably of about twenty-eight, 29,000, including picking up the cost for the media, Radio 1 and City of Miami Page 156 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Clear Channel; they picked up those costs also. Commissioner Sarnoff And just for my -- long as we do this public -- what is the amount that the Bahamian Government in cash has given you? Mr. Whittle: Ten thousand. Commissioner Sarnoff And the other 18, I suspect is in -kind services. Mr. Whittle: Yeah, is in -kind services. Commissioner Sarnoff. Who else has given you money? Mr. Whittle: We've raised a lot of money through our online ticket sales. We raised some money on our online ticket sales and some of our pre -sales. Commissioner Sarnoff So what is it going to cost for somebody to go to Goombay? Mr. Whittle: Ten dollars; $5 online, the online purchase, and $10 for all the patrons that will be going to Goombay. Commissioner Sarnoff And you said that, you know -- I'm sorry, Mr. Chair; is this all right? Chair Gort: Yeah, go ahead. Commissioner Sarnoff You said that the BID has a fee or something that you have to pay? Mr. Whittle: Yes, the 25 percent impact fee that they charge, it equates to 25 percent of the City services, which is 4,343.54. Commissioner Sarnoff Four thousand three -- what? Mr. Whittle: Four thousand, three forty-three fifty-four. Commissioner Sarnoff And that's the BID's portion, right? Mr. Whittle: That's correct. Commissioner Sarnoff And would that then reduce the amount you're asking from this Commission from -- you -- I believe you asked for $12, 000 or --? Mr. Whittle: It would be a total of seventeen, six ninety-nine, eighteen less the 10,000 which you donated. Commissioner Sarnoff I got to tell you, I don't know what you're asking for, Mr. -- Mr. Alfonso: Okay, when we talked outside, you said the total cost is 22 that you haven't paid for. Mr. Whittle: Correct. Mr. Alfonso: And you have $10, 000 from the Commissioner, so I thought you needed 12,000. Mr. Whittle: Exactly. City of Miami Page 157 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Alfonso: What do you need? Mr. Whittle: Exactly. But he asked what was the BID portion. I included the BID into that portion. Commissioner Sarnoff So let me just say this: If pick up the BID portion from my parade or whatever budget, then your ask -- and I'm asking you a little more -- then your ask would be reduced by 4,300 -- $4,434.54. Vice Chair Hardemon: (INAUDIBLE) Mr. Alfonso: You're asking me? Commissioner Sarnoff I'm asking both of you, 'cause I want to know -- Mr. Alfonso: Okay. Yes, correct. Commissioner Sarnoff So then the ask is 12,000, so you're asking now the Commission for $7, 700, thereabouts. Mr. Alfonso: Something in that range, yes. Mr. Whittle: Seven thousand -- Mr. Alfonso: Right. Mr. Whittle: -- seven hundred correct. Commissioner Sarnoff I will pick up the 4,343, but, I mean, I'm out of parade funds. That leaves you $7, 700 short. Commissioner Suarez: If we had more time or -- I mean, I don't have any money, first of all, in my fund anymore, so that's -- I would gladly contribute, you know? And the other issue is more time, 'cause I could tell you that I could have reached out to Baptist. I'm pretty sure Commissioner Sarnoff has very good contacts at Baptist. In fact, I'm a hundred percent sure that he has very good contact -- he could probably make a phone call. And it's not even the issue, because it's Thursday and this festival is on Sunday. I don't know what your receivables or payable time is -- time frame is, and I don't want to put him on the spot in terms of making a phone call at Baptist, but, you know, I'm pretty certain a phone call can be made to Baptist for them to potentially re -up, but even that -- go ahead, Commissioner. Vice Chair Hardemon: So even with $7, 000 -- you said it's about $7,400 -- how much are you charging per? Mr. Whittle: Ten dollars. Vice Chair Hardemon: Ten dollars. So that's about seven -- if you can get about 740 people there, you would be able to pay for that cost. So I'm trying to follow my City Manager with this. It sounds to me like part of the ask is to provide the services without receiving payment just yet, so that we create an accounts receivable that is payable from the festival organizers, and then if they can guarantee 740 participants, then -- and it's very well possible -- then they can make do on the 7,000 that they're requesting. Mr. Alfonso: Commissioners, what I'm trying to say is that because this item was brought to my attention today, and I cannot spend City funds without proper authorization, I bring it to your City of Miami Page 158 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 attention. If the Commission says, "Go ahead and provide the services, and we will bill them for the cost, " and they then pay the bills and the bills are paid, then I have -- Commissioner Sarnoff I might have a solution. So I'm going to make a motion pursuant to Section 54-343, which allows us to waive City fees; that's the fee he would pay to the BID, okay? That's that $4,343.54. I'm going to make that motion. I'll follow it up with another commitment right after that. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any discussion? Vice Chair Hardemon: I have some discussion. I'm wondering, now, the BID -- maybe I'm just thinking about it in a different way -- but I know the BID's are typically private organized things, the Business Improvement District, and I know that we -- like I don't know -- in the Wynwood Section. Commissioner Sarnoff Same thing. Vice Chair Hardemon: But there's an extra component, because I know Wynwood has tried to come and has introduced some documentation that talks basically about having the ability to charge people to do things like this, to charge people to have things within their district, within their area of the BID, so they want to have some control. They can control who comes in, who goes out, so I'm assuming that is what this is similar to. Commissioner Sarnoff This is an -- this is part of an ordinance that created the Coconut Grove BID, of which part of its funding source is thereto. And I think Commissioner Gort knows it pretty well, and I know Commissioner Regala -- shouldn't call him "Commissioner" -- but then -Commissioner Regalado actually sat on what was then the special events committee. So we have the ability to waive that. Vice Chair Hardemon: So we have -- and that's why I wanted to make sure of that, 'cause it's not Commissioner Sarnoff We'll have a financial impact on them, but we have the ability to waive it. Or the other argument would be if they weren't going to be here anyway, they wouldn't have gotten the money, so to speak. Chair Gort: Okay, we have a motion and a second. Vice Chair Hardemon: It's been properly -- or if it wasn't seconded, I will second. Todd B. Hannon (City Clerk): We're good; it's been properly motioned and second. Vice Chair Hardemon: All right. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Now, what I will do is take $4,000 more from my parade budget, which then brings you down to $3, 700. Gentlemen, I'm going to tell you this: If you can't raise $3, 700 in the next three days, maybe you shouldn't even consider the event. Mr. Whittle: That's fair. City of Miami Page 159 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 NA.4 14-00736 Commissioner Sarnoff I mean it's not that much money. You know, I would -- what I'm doing to my Commissioners for you -- I'd be upset if Francis did this to me. I'd be upset if the Chair did this to me. Commissioner Suarez: Let me just chime in and I'll help you in that endeavor, because I'll -- I'm not going to put it on you. 171 make the call to people that I know in Baptist. If they normally give you five, I'll ask for the 37, you know, on your behalf. Commissioner Sarnoff Thirty-seven hundred right. Commissioner Suarez: And so let me give you my number. My cell phone number is 305 -- Vice Chair Hardemon: Hey, hey, you're on tape. Commissioner Suarez: Doesn't matter; everybody has it anyway. Trust me, everyone has my number. 305-992-3342. Chair Gort: Everybody's got our numbers. Commissioner Suarez: Everybody has my cell phone number. I used to put it on mail -outs, if you could believe that; I did. Commissioner Suarez: And please get back to Commissioner Suarez, and I'm going to ask him to call me, so that I could feel good that it happened. If it doesn't happen -- tomorrow's a tough day for me -- I don't know -- I -- not that easy to do in one day's time. Chair Gort: Move it. Commissioner Suarez: You got my number. Call me. Commissioner Sarnoff All right. Mr. Whittle: Thank you. Commissioner Sarnoff There's no motion, so I'll just take it from my -- I'll take the $4, 000 from my parade budget. Mr. Whittle: Thank you. Mr. Alfonso: Thank you, Commissioners. We will provide the services and collect the monies next week. Chair Gort: Thank you. RESOLUTION CITY ATTORNEY VICTORIA MENDEZ MADE A BRIEF STATEMENT AS REQUIRED BY FLORIDA STATUTES THAT AN ANNOUNCEMENT BE MADE ATACOMMISSION MEETING PRECEDING THE MEETING WHERE THE CITY COMMISSION WILL CONSIDER A BROWNFIELD DESIGNATION FOR ARMBRISTER PARK, LOCATED AT 236 GRAND AVENUE, MIAMI, FLORIDA ON SEPTEMBER 11, 2014. City of Miami Page 160 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 DISCUSSED Victoria Mendez (City Attorney): Chairman, also, we need to notice -- just read into the record right now that Armbrister Park will also -- which does anyone have that address for Armbrister Park? -- will be considered also for this type of brownfield designation at the first regular meeting in September, which is -- Chair Gort: Grand Avenue. Ms. Mendez: -- September -- Todd B. Hannon (City Clerk): September 11. Ms. Mendez: -- September 11, and it is Armbrister Park in 236 Grand Avenue. Thank you, Mr. Chairman. Chair Gort: Okeydoke. Ms. Mendez: And I'm reading this notice pursuant to Florida Statute 376.80 Brownsfield Program. Thank you. Chair Gort: Okay, anything else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir; yes, sir. Ms. Mendez: What's left is the impact fee ordinance, FR -- Chair Gort: Three. Mr. Hannon: Two. Ms. Mendez: -- two. NA.5 RESOLUTION 14-00737 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. R-14-0258, ADOPTED JULY 10, 2014, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 14-00737 Legislation.pdf 14-00737 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-14-0306 Commissioner Carollo: Now I would like to move the funding from the Jose Marti -- and I don't know what the number is -- holding account at -- it's for impact fees -- over to Domino Park City of Miami Page 161 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved and second that we move impact -- Commissioner Sarnoff What was the motion? Vice Chair Hardemon: -- fees -- Commissioner Carollo: There -- Vice Chair Hardemon: -- to -- from --? Commissioner Carollo: -- is impact fees that's currently in an account under Jose Marti Park of two hundred five thousand, two hundred ninety-two thousand I would like to move that over to Domino Park so it could be used effectively instead of just being in a holding account like it is. Commissioner Suarez: Second. Vice Chair Hardemon: It's been properly moved, seconded and clarified. Commissioner Suarez: Second for discussion. Vice Chair Hardemon: Is there anyone from the public that'd like to make a comment about it? Seeing none, going to close the public hearing at this time. Is there any discussion from the Commissioners? Commissioner Suarez: Yes; very brief. Vice Chair Hardemon: You are recognized. Commissioner Suarez: I think -- look, I've been here for four years. Every year on the second meeting in July, there are things that have -- that are time compressed, and I don't think there's anything wrong with understanding that. It's the longest break that we have between Commission meetings, and because of that, there's going to be things that are urgent for Commissioners to get accomplished. You know, it goes from procurement issues, where we've seen in the past, or a variety of issues. It's not particularly uncommon for us on this particular meeting in a given year to say there's some pressing things we don't want to wait two months for. So, you know, I understand everyone's kind of hesitation to want to do it this way, and I don't think as a practice matter it's a good practice, but I think this meeting of the year is kind of unusual in that sense. It's the longest meeting between one and another; you know, November we have one, December we have one, but there's no month that we have none. So, you know, I just want to put that out there. Vice Chair Hardemon: Any further discussion? My distinguished Commissioner from District 2? Commissioner Suarez: No. Vice Chair Hardemon: Okay, all right, all in favor, indicate -- well -- Commissioner Suarez: No. Vice Chair Hardemon: -- all in favor, indicate so by saying "aye." City of Miami Page 162 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. Victoria Mendez (City Attorney): Commissioners and -- Commissioner Carollo: One more, one more. Ms. Mendez: -- all of the things that you've articulated thus far is all the reasons why you consider the impact fee legislation as well as an emergency, everything that you've taken up. Commissioner Suarez: Agreed. Ms. Mendez: Thank you. NA.6 RESOLUTION 14-00738 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. R-14-0258, ADOPTED JULY 10, 2014, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECT FOR THE TOWER THEATER FROM CAPITAL PROJECTS APPROPRIATIONS AND FROM CITY-WIDE PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR PROGRAM YEAR 2014-2015. 14-00738 Legislation.pdf 14-00738 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Gort R-14-0307 Direction by Commissioner Suarez to the City Manager to create a report identifying allocations over the past two (2) years involving Citywide funds (CDBG, Stormwater, General Fund, etc.) that were specifically dedicated to Commission districts for projects, parades, etc.; and for this report to be sent to the Commissioners before the first budget hearing scheduled for September 9, 2014. Commissioner Carollo: Yes. One more, one more, Commissioners; please indulge me, one more. There is monies that was identified in approximately $65, 000. I don't know if you want to see the "B" numbers from? Mark Spanioli (Director, Capital Improvements Program & Transportation): I can read them into the record, Commissioner. These are projects that were appropriated for District 3. Commissioner Suarez: He's met with his colleagues. Mr. Spanioli: B30592, in the amount of $1, 069; B30536, in an amount of $4, 656; B30536 [sic], in an amount of $47.51; B71212, in an amount of $30, 012; B30652, in an amount of $29.92; B30194A, in an amount of $19,540; B30194A, in an amount of $9,947; and B30600A, in an City of Miami Page 163 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 amount of one cent; totaling $65,303.92. Commissioner Carollo: And that's all within District 3, andl would like to move that over to the Tower Theater -- Commissioner Suarez: Second. Commissioner Carollo: -- account. I don't know what you would -- Mr. Spanioli: We'll create a new "B" number for that. Commissioner Carollo: I don't think you have to, because they've been doing work. Commissioner Suarez: Whatever that `B" number is. Commissioner Carollo: Whatever that `B" number is. Mr. Spanioli: Whatever that "B" number is. Commissioner Carollo: And then there's one more from CDBG (Community Development Block Grant). We've identified $75, 000, and I want to make sure that George puts that on the record, and again, it's going to the Tower Theater, which again, they've done $778,000 that we have allocated through economic development CDBG monies and it's my understanding the work has been done already. George Mensah (Direct, Community Development): Yes. Vice Chair Hardemon: You are recognized, Mr. Mensah. Mr. Mensah: George Mensah, director, Community Development. This would be $75, 000 in CDBG program income that will be allocated to that project. I just want to say on the record that the -- because this is under $80,000, we are able to do this without public hearing. Commissioner Carollo: Thank you. Commissioner Sarnoff (UNINTELLIGIBLE) Mr. Mensah: Yes, please. Commissioner Carollo: That's citywide; however, Commissioner Sarnoff, in all fairness, listen, with economic development CDBG money, I didn't allocate it to projects for it to sit there, and sit there, and sit there. I would actually put it on a reserve account, which actually hurt me even more, because they were saying, "Oh, well, the money's not allocated" So it's actually -- Commissioner Sarnoff I'm going to vote for this one so I -- but -- Commissioner Carollo: No, I understand, but I also like to explain. I mean, I understand. Vice Chair Hardemon: Well, I appreciate you explaining, but I need a little bit more explanation from you, Mr. Mensah. You're saying the CDBG funds -- Mr. Mensah: Yes. Vice Chair Hardemon: -- this particular -- this 65, $75, 000. City of Miami Page 164 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Mr. Mensah: Seventy-five thousand dollars. Vice Chair Hardemon: It's how much? Mr. Mensah: Seventy-five thousand dollars. Vice Chair Hardemon: Right. This is being taken from -- Mr. Mensah: Program income which comes in on a monthly basis, but we -- from the beginning of the year, typically, we come every three months to appropriate the program income funds. We haven't been able to come back, because they're just trickling in. So this is allocating the $75, 000. We can only do under the threshold of $80, 000; anything more than that, we need it to be advertising and a public hearing to be able to appropriate it. Commissioner Suarez: Mr. Chair, ifI may. Vice Chair Hardemon: This -- but this $75,000, is this a matter of-- is this money that's been -- in many ways, how we kind of put that imaginary line between districts? Or is this money -- Mr. Mensah: No, no. Vice Chair Hardemon: -- that is in a citywide account -- Mr. Mensah: This one that just(UNINTELLIGIBLE) comes in from citywide, yes. Vice Chair Hardemon: And how much is left in that account after the $75, 000 goes? Mr. Mensah: That's what I was -- I wasn't able to get access to the HUD (Housing and Urban Development) information to be able to get that, but I know there is approximately more than the $75,000 in there. Commissioner Suarez: Mr. Chair, ifI may. Chair Gort: Yes, you're recognized. Commissioner Suarez: I know Finance is going to kill me on this one, but I would like to see a report before a budget of the allocation in this year's budget -- this year's -- of citywide funds, whether they be CDBG or otherwise, to specific Commission districts, because going -- not just CDBG, but other funds, 'cause I know we've been doing it and I have no problem with it, because I voted for it. I just want to take an -- I want to keep a running tab, in a sense, of where we're at, because that's important when we budget in the future, because we want to know what we've done in the past, so at least for this current budget year -- I don't know how far back -- I don't -- I don't want to make more work -- you want to go back that far? Commissioner Carollo: We should. I think we should. Commissioner Suarez: Let's -- why don't we take two years and then we'll see; how about that, just 'cause of the work volume? I'm only concerned about the work volume because they got to produce a lot of work between now and September. Mr. Mensah: Four years, we can do that -- Commissioner Suarez: That may be fine for you -- Mr. Mensah: -- that shouldn't be a problem. City of Miami Page 165 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: -- but you're -- only one source. Finance's got to come up with everything. What do you think you can do; two years? Let's put two and then we'll go from there, yeah. Daniel J. Alfonso (City Manager): CDBG, right? Commissioner Carollo: No. Commissioner Suarez: No, no, no; everything. Commissioner Carollo: No. Storm water utility -- Commissioner Suarez: That's why. Commissioner Carollo: -- there's a whole -- Commissioner Suarez: That's what I'm saying. I'm saying citywide funds that were dedicated to district things, and we've done it -- at least in the last three or four Commission meetings we've done it three or four times, so that's why I don't have a problem voting for the $75,000. I just want to know where we're at going forward, 'cause we're voting on a budget -- for next year's budget, and I want to see where we're at. And we're making decisions -- for example, one good one was the impact fees, you know. It would be good to know where we're at; that might actually help you. Commissioner Sarnoff That might. Commissioner Suarez: Right, yeah. Commissioner Sarnoff I think that this is a good financial accounting. Commissioner Carollo: Absolutely, absolutely, and that's why I even want the, you know, additional years -- Mr. Alfonso: Sorry? Commissioner Carollo: -- so we see the bigger picture, because, yes, it would really be able to allow us to analyze and make a prudent decision in the future. Commissioner Suarez: Yeah, for -- Victoria Mendez (City Attorney): Now, to be clear for the record really quick -- and I apologize -- the -- this is a separate reso from the Tower Theater reso, correct? Todd B. Hannon (City Clerk): From the Domino Park reso. Ms. Mendez: The -- I'm sorry -- the Domino Park. This is still -- we're still talking about Tower Theater and -- Commissioner Carollo: Tower Theater. Ms. Mendez: -- what's going to that -- okay. Commissioner Carollo: Yes, which should be 65,000 and some change and 75, 000. City of Miami Page 166 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: Can I say something, Mr. Chair? Vice Chair Hardemon: You are recognized. Commissioner Suarez: They've asked me for their -- the Administration's asked me to make a clarification, and their clarification request was that it be confined to capital expenditures. The only issue I have with that is -- let's say it could be a parade. That's not a capital expenditure, but we may have allocated citywide dollars -- Commissioner Carollo: General fund citywide dollars. Commissioner Suarez: -- general fund citywide dollars to a specific district. So that's the only reason why I hesitate in just saying "capital dollars." We'll work together on this. Vice Chair Hardemon: Now part of the reason -- Commissioner Suarez: He's an important guy. Vice Chair Hardemon: -- and Commissioner Carollo -- Commissioner Carollo: Do the best you can. Vice Chair Hardemon: -- part of the reason -- Commissioner Suarez: Do the best you can. Commissioner Carollo: Do the best you can. Ms. Mendez: Well we kind of need to articulate something in the reso that you're directing or the directive that you're doing for the Tower Theater one. Mr. Hannon: We -- Vice Chair Hardemon: We've got two things going on at one time. Mr. Hannon: Yes. Vice Chair Hardemon: Let's clan fy what's going on. What's on the table right now, it was a motion and a second to allocate $75,000. Commissioner Suarez: Right. Vice Chair Hardemon: And -- Commissioner Suarez: Let's vote on that. Vice Chair Hardemon: -- so with that being said -- Commissioner Carollo: Seventy-five thousand from impact -- Vice Chair Hardemon: No, no. Commissioner Suarez: Seventy-five is from CDBG. Commissioner Sarnoff CDBG. City of Miami Page 167 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Suarez: Program income. Commissioner Carollo: Yeah, program income, CDBG, and then 65,000 and some change left over from whatever accounts Mr. Spanioli said. Commissioner Suarez: Yeah. Vice Chair Hardemon: Okay. I thought we passed that motion, but I guess we did not. Commissioner Suarez: No, I don't think we did. Mr. Hannon: No -- Vice Chair Hardemon: So right now, to clarify for the record, the motion is $75, 000 from CDBG program income; 65,000 and some odd -- whatever the record reflects -- from the impact fees -- Commissioner Carollo: No. Vice Chair Hardemon: -- I'm sorry -- from the left over projects -- Commissioner Carollo: Yes. Vice Chair Hardemon: -- from the "B" numbers. Okay. Commissioner Carollo: And that is to go to Tower Theater. And we just did some -- we just allocated 770-something thousand dollars, which they did already the work, from District 3 economic development. Vice Chair Hardemon: Right. Commissioner Carollo: So I want it to go -- wherever it went last time regarding Tower Theater, it goes there again for them to do the work. Vice Chair Hardemon: So part of my unreadiness, because everyone else here has expressed theirs, the $75, 000 from the program income, I know why we established that there was an emergency with the impact fee funds. However, is it necessary to do the $75, 000 -- because from what I've heard, they don't know the exact number that's left over in the program income. I don't quite have a grasp of what's there. Commissioner Carollo: There's actually more, yeah, and they know there's 75; there's a lot more than 75 left in there, and that's a citywide fund. Vice Chair Hardemon: No, no, and I get it, I get it. From your perspective, when you say "more" -- Commissioner Suarez: Yeah, I see where you're going. Vice Chair Hardemon: If I said "more " to you, you would say, "Well, how much more? Is it $10 more? Is it 100,000?" Commissioner Carollo: No -- Vice Chair Hardemon: And that's -- that was my only unreadiness, so I just want to let that be known. But clearly, I mean, the will of the body is going to determine where we go. City of Miami Page 168 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 Commissioner Sarnoff We all know (UNINTELLIGIBLE). Vice Chair Hardemon: Right. So -- Commissioner Sarnoff I know what your "more" is. I want to know what my "more" is. Vice Chair Hardemon: So is there any other unreadiness? Seeing no further unreadiness, all in favor, indicate so by saying "aye." The Commission (Collectively): Aye. Vice Chair Hardemon: All against? Motion passes. Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: You are recognized. Commissioner Carollo: Thank you. I want to thank my colleagues. You came over here and jokingly said, "You're no longer in the penalty box," and if that is true that's thanks to my colleagues. And I just want to reflect a little bit that it's been over a week and I couldn't get these numbers; that we just received them within two hours. So I think when there's good will and when the will is there, the work can get done and the information can get to us. And again, I felt so frustrated that I had to come to my colleagues, so I truly appreciate your support. And again, it's not anything for me or so forth; it's really for the residents of the City of Miami. So I truly appreciate your help. Thank you. Vice Chair Hardemon: You're very welcome. Don't get put back in the penalty box with all those comments. Is there anything else? All hearts and minds -- no. Commissioner Sarnoff Mr. Manager, just when you're talking about the financial accounting, some of us got scoured; what that meant was we had residuals in a lot of our various accounts. Came June some date -- I don't remember if it was May or June -- you took -- like I was hoping to do what Commissioner Carollo just did -- "What's my resulting balance? What's my resulting balance?" Commissioner Carollo: Yeah. Commissioner Sarnoff And I got swept, and I got swept a huge amount of money. And maybe it was -- well, just leave it at -- I want to make sure the sweeping is also accounted for. Commissioner Carollo: And by the way, I still want to make sure we go all over the numbers. And in all fairness, Chris, I think now, now, finally, you're pretty much up to date with where we are with each, you know, balancing. In all fairness, there were some monies there that I thought was there and really wasn't there, and it was showing it was there. So, you know, it's good, I think it's healthy, and that's all I ask, you know? Commissioner Suarez: Mr. Chair. Commissioner Carollo: I ask transparency and make sure we know what the numbers are. Vice Chair Hardemon: You're recognized. Commissioner Suarez: And by the way, I think some of the sweeping was for remediation work if I'm not mistaken, so I just -- I think it's a significant amount of sweeping was for remediation City of Miami Page 169 Printed on 9/8/2014 City Commission Meeting Minutes July 24, 2014 ADJOURNMENT work. So -- Commissioner Sarnoff Yeah, I think -- Commissioner Suarez: -- yeah. I just want to put that clarification out there. Yeah, I hear you. Commissioner Sarnoff It's just a picture. Commissioner Suarez: I hear you. Okay. Commissioner Carollo: Thank you. Vice Chair Hardemon: Okay, all hearts and minds clear, I adjourn the meeting at 6:52. Commissioner Carollo: Thank you. The meeting adjourned at 6:52 p.m. City of Miami Page 170 Printed on 9/8/2014