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HomeMy WebLinkAboutCC 2014-12-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 11, 2014 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 11, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCE RE - RESOLUTIONS AC - ATTORNEY -CLIENT SESSION BC - BOARDS AND COMMITTEES BU - BUDGET DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff and Commissioner Suarez Absent: Commissioner Carollo and Vice Chair Hardemon On the 11th day of December2014, 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 9:03 a.m., recessed at 11:58 a.m., reconvened at 3:19 p.m., recessed at 3:21 p.m. for the Attorney -Client Session, reconvened at 5:01p.m., and adjourned at 6: 35 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chamber at 9:04 a.m. and Commissioner Suarez entered the Commission chamber at 10:27 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Morning, everyone. Welcome to the City of Miami meeting of December 11 at the Commission chambers, these historic chambers. The members of the City Commission are Commissioner Frank Carollo, Francis Suarez, Commissioner Marc Sarnoff, Vice Chairman Keon Hardemon, and myself, Chairman W fredo Gort. On the dais also we have Daniel Alfonso, City Manager; Victoria Mendez, the City Attorney, and Todd Hannon, the City Clerk. At this time we'll have the invocation by myself and the pledge of allegiance will be by the City Manager. Invocation and pledge of allegiance delivered. Chair Gort: You may be seated. Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 14-01261 PRESENTATION Honoree Presenter Protocol Item Miguel A. Mayor Regalado Certificate of Villalobos Appreciation United Healthcare Mayor Regalado Salute Community Plan Jose Luis Melo Chairman Gort Proclamation 14-01261 Protocol Item.pdf PRESENTED Mayor Regalado presented a Certificate of Appreciation to Miguel A. Villalobos recognizing his thirty (30) years of service and dedication as a Property Management Specialist in our Municipal Government; furthermore applauding his critical use of skills and knowledge as a career professional in industrial engineering and serving the people of Miami. City of Miami Page 3 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Mayor Regalado Salutes United Healthcare Community Plan for their donation of fifty (50) laptops to the City of Miami for the Get Healthy Now Kids Essay Contest," moreover showing appreciation for their efforts to address the needs of our citizens by providing resources to serve the children of our community and their involvement as a valuable community partner. Chair Gort presented a Proclamation proclaiming Thursday, December 11, 2014 as Jose Luis Melo Day, recognizing the Melo Group and Dr. Jose Luis Ferreira de Melo's legacy of leadership and noteworthy contributions to our history and culture and development of real estate for over 52 years; furthermore acknowledging their efforts for fueling developer interest in Edgewater, revitalizing the neighborhood and turning it into a fast growing market in Miami's urban core. Chair Gort: Okay. At this time we'll go with the proclamation. Mr. Mayor, you're recognized. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: I don't know if you want to do the minutes of October 9 before we discuss the consent agenda. Chair Gort: Do so. Commissioner Suarez: I'll leave it to your discretion. Chair Gort: It's been moved by Commissioner Suarez -- Commissioner Sarnoff Second. Chair Gort: -- second by Commissioner Sarnoff. You're recognized, Commissioner Suarez. Commissioner Suarez: On CA.7? Commissioner Sarnoff No. Chair Gort: No, no, no. Todd B. Hannon (City Clerk): Can we -- I just need a vote on the minutes. Chair Gort: You made the motion for the minutes. Commissioner Suarez: Yeah. Oh, recognize for it to say dye? Commissioner Sarnoff Second Commissioner Suarez: Oh, yes, I second it. City of Miami Page 4 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 MAYORAL VETOES ORDER OF THE DAY Commissioner Sarnoff Well, aye." Commissioner Suarez: I'm sorry. Did I not motion it? My apologies. Sorry, Mr. Chair. I'm not following. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: By the way, Mr. Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Okay. We have minutes, but we can't pass them. Chair Gort: At this time, we need at least three Commissioners so we have a quorum, so we have to wait until we have two other Commissioners come in. Mr. Mayor, welcome. Mr. Manager, do you have any items you'd like to discuss at this time? Daniel J. Alfonso (City Manager): Yes, Mr. Chairman. Victoria Mendez (City Attorney): Would you like me to read the statement? Mr. Alfonso: Yes, read the statement. Ms. Mendez: Chairman, I'll take this opportunity to read the statement first? Chair Gort: Yes, do so. Ms. Mendez: Okay. We will now begin the regular meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be heard 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. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this City of Miami Page 5 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 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 a 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. Today at 2 p.m. we will be having a shade meeting as well. And at this time the Administration will announce which items, if any, are either being withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you. Mr. Manager. Mr. Alfonso: Good morning, Commissioners, Mr. Chairman. We would like to have items PH.2, PH.6 and PH.7 deferred. Actually, PH.2 deferred to January 8 agenda; PH.6 and PH. 7 deferred to January 22; Discussion Item .5 to January 22. Chair Gort: Which one? Mr. Alfonso: DL5, I believe that is the annexation discussion. Chair Gort: By the way, I have a meeting with the chairperson of Miami -Dade County today at 2 o'clock so I know I have to be there at 2, so I probably have to be back by 3. Mr. Alfonso: And -- Chair Gort: That's one of the reasons I'm going to expedite the discussion on transactions today. Anything else? Mr. Alfonso: Item RE.6, like to defer to January, sir. Chair Gort: Okay. At this time, we'll go with the proclamation. Later... Chair Gort: Consent agenda, I'd like to pull -- just to address. CA -I. Commissioner Suarez: Mr. Chair. Chair Gort: Oh, okay. We need to pass a motion on the defer items. Mr. Alfonso: Right. So let me read into the record again what items are being deferred, and there's also been some changes to what we stated earlier. We respectfully request to defer to January 22 PH.6 and PH 7 and DI.5. Then for the January 8 agenda, we would like to -- I'm sorry, we like to defer to January 8 PH.2, RE.2, RE.6, and RE. 11. Commissioner Sarnoff Two, 6 -- Mr. Alfonso: And 11. Chair Gort: ER [sic].2, 6 and II? Mr. Alfonso: RE.2, RE.6 and RE. 11, Commissioner. Chair Gort: There's a new one there. Commissioner Sarnoff To the 22nd or the --? City of Miami Page 6 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Mr. Alfonso: To January 8, Commissioner. Commissioner Sarnoff Eighth. You're okay with number RE.10 going to 8? You're going to be -- you're going to have a -- out of -- Mr. Alfonso: Commissioner, RE.9 andRE.10, their contract expires 12/31. Commissioner Sarnoff Right, that's why I'm asking if you're okay deferring it. It's your Administration. Mr. Alfonso: No, we didn't ask to defer 10. Commissioner Sarnoff If it expires the 31st and they're out of contract, you're -- then you're going to put it to the 8th, you have eight days of not being in contract. Am I missing something? Commissioner Suarez: He's not asking for a deferral (UNINTELLIGIBLE). Mr. Alfonso: I'm not asking for deferral -- Commissioner Sarnoff Oh, I thought -- Mr. Alfonso: -- on 10. Commissioner Sarnoff RE. 10 -- Ms. Mendez: 11. Commissioner Suarez: No, 11. Mr. Alfonso: Eleven. Commissioner Sarnoff So I apologize. Mr. Alfonso: Yeah, that's I was -- Commissioner Sarnoff I'm sorry. Mr. Alfonso: Two, 6 and 11. Commissioner Sarnoff Gotcha. Sorry. Chair Gort: Okay. Commissioner Sarnoff So moved, Mr. Chair. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Alfonso: Commissioner -- City of Miami Page 7 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 CONSENT AGENDA CA.1 RESOLUTION 14-01088 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY"), TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF STREET VIOLENCE INVESTIGATIONS AND ENFORCEMENT WITH THE COUNTY'S NORTH -END STREET VIOLENCE TASK FORCE, TO APPREHEND AND PROSECUTE CRIMINALS ENGAGING IN VIOLENT CRIMES THAT CROSS JURISDICTIONAL BOUNDARIES, AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 14-01088 Summary Form.pdf 14-01088 Legislation.pdf 14-01088 Exhibit-Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0460 Chair Gort: CA.1. Commissioner Suarez: Sony. Commissioner Sarnoff. I think that's you, Mr. Chair. Chair Gort: Chief my understanding is this is an agreement between Miami -Dade [sic] and Miami -Dade County and our police officers. Manuel Orosa (Chief of Police): Yes. Chair Gort: My understanding question is do we have a strategy that we're going to be working together? We have problems within that area. Chief Orosa: Correct. Chair Gort: Do we have specific -- because I understand some of this they've changed here. If you need help, you come and you help me, and if they need help, we go and help them, but have we establish a plan? Because both the City of Miami and the County have the same problem. Chief Orosa: Commissioner, the way it's -- Chair Gort: Special task force to work within those problems. Chief Orosa: Yes. The way this works is that the County and us, we have mutual concerns; we go and help the County; the County comes and helps us, specific to this particular area. So the major of the north district and the major of the north district in the County have a working relationship that whenever we need each other's help, we provide the services and we work City of Miami Page 8 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 together. It is not a group of people that work every single day together, but it's a as -need basis. Chair Gort: I understand but the same strategy -- there's a place in Little Havana to take care of the problem we had with the gangs there. Chief Orosa: Correct. Chair Gort: Can we do the same thing over there? Chief Orosa: Yes, we can do the same thing. Chair Gort: Because I think that it's a need there. Chief Orosa: The issue with the Little Havana was a little bit different. It was based on an investigation. This is more of a proactive approach with our personnel. The County does work investigations with us and we work with them. This is just a -- more of a visibility type of issue with the County and the County with us. Chair Gort: Right. I understand but the major problem that we have there, somehow, the task force gets together with the residents of that area, especially the families that have been victimized -- Chief Orosa: Correct. Chair Gort: -- by the crimes committed there; that could be very helpful. Chief Orosa: Yes, sir. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chief Orosa: You're welcome. Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. Mr. Manager? Mr. Manager? Mr. Alfonso: Yes, Commissioner. Commissioner Suarez: This kind of goes back to the initial point that we've kind of discussed, and I know you're in the process of hiring a new Police Chief. I sent you an e-mail (electronic) this week regarding our murder rate and the amount of murders that we've had this year, and unfortunately, that number has gone up from last year to date. Mr. Alfonso: Yes, I know. Commissioner Suarez: I think there is -- I got -- I have a conflicting number with yours, but I'd like to know what the actual number is. I hope you have confirmation of the number, the one that you sent me. Mr. Alfonso: Commissioner, the numbers that we sent you -- Commissioner Suarez: And I know they fluctuate. Mr. Alfonso: -- last night, I was told that we have 76 homicides year to date. City of Miami Page 9 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Manuel Orosa (Chief of Police): There's murders and homicides. We have 76 -- 79 homicides, 76 murders. Commissioner Suarez: Okay. Chief Orosa: So the question posed to us was, "how many murders?" Murder is the intentional killing -- Commissioner Suarez: Understood. Chief Orosa: -- of a person; a homicide could be justifiable so -- Commissioner Suarez: Yeah. And really, the point that I'm making is not any different because as was properly sent to me in the e-mail, the murder -- at this point last year murders were -- we were at 71 and now we're at 76, so we're -- Chief Orosa: Correct. Commissioner Suarez: -- on pace to have more murders this year than last year, so that's -- our murder rate is going to go up, is my point, so -- and, you know, when you talk about, you know, mutual aid agreements on the north end and you talk specifically in terms of street violence task force, to me, I think the number -one issue -- because there are different kinds of crimes. There's petty crime and there's violent crime and then there's murders, which, to me, are the most severe kind of a crime. When that rate is going up, you know, that is a red fag for me and it's a major concern. So I would just ask the Manager -- Mr. Manager? Mr. Manager? Mr. Alfonso: Yes, sir. Commissioner Suarez: I would just ask that that be stressed with all of the new candidates, because that is a, you know, huge concern if our murder rate and our homicide rate, either one, if that's going up from last year. That's a number that always has to go down, from my perspective. To the extent that we can control it, it has to go down. We have to be innovative in finding ways to make it go down. And if it's going in the opposite direction, that is a huge concern. So I just want to bring it to the attention of the public and bring it to your attention. And I have confidence that you will make that a big factor in how you decide who the next Police Chief is going to be. Chair Gort: My understanding is, at least 60 percent or more, of course, within one section of the City. Chief Orosa: Excuse me, sir? Chair Gort: More than 60 percent of it takes place in one section of the City. Chief Orosa: Yes. But to add to the discussion, even though our rate is above last year's, our rate in the north end is lower than last year's. The increases happened in other areas other than the north end. Commissioner Suarez: Yeah, andl appreciate that, because that's more to the actual agenda item that we're talking about here. I'm just trying to make a general point and I think -- Chief Orosa: Yes. Commissioner Suarez: -- that, you know, this is an opportunity to make that general point, and I think it's in the context of some other things that are happening that are contemporaneous today. City of Miami Page 10 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 CA.2 14-01144 Department of Police Thank you. Chief Orosa: Yes, sir. Chair Gort: Thank you, Chief. Chair Gort: Okay. Next is -- Todd B. Hannon (City Clerk): Excuse me, Chair. Is there a motion? Chair Gort: Yes. Commissioner Suarez: So moved Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. 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 MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FOLLOWING MUNICIPALITIES: MIAMI-DADE COUNTY, THE VILLAGE OF MIAMI SHORES, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, AND THE CITY OF DORAL, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES, TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 14-01144 Summary Form.pdf 14-01144 Legislation.pdf 14-01144 Exhibit -Agreements.pdf 14-01144 Back -Up from Law Dept.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0453 CA.3 RESOLUTION 14-01139 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN"; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT AND CONTRACT WITH THE UNIVERSITY OF SOUTH FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR REIMBURSING City of Miami Pagr 11 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 THE CITY OF MIAMI FOR OVERTIME EXPENSES, IN AN AMOUNT NOT TO EXCEED $73,699.20; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. 14-01139 Summary Form.pdf 14-01139 Legislation.pdf 14-01139 Exhibit.pdf 14-01139 Back -Up Documents.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0454 CA.4 RESOLUTION 14-01143 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "MIAMI DUI CHECKPOINT AND SATURATION PATROL OVERTIME PROJECT," AND APPROPRIATING FUNDS, CONSISTING OFAGRANTAWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CITY OF MIAMI DEPARTMENT OF POLICE, IN THE AMOUNT OF $172,500.00, TO PROVIDE FUNDING FOR HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 14-01143 Summary Form.pdf 14-01143 Back -Up -Award and Agrmt..pdf 14-01143 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0455 CA.5 RESOLUTION 14-01073 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Waste FOURTEEN (14) SCHOLARSHIPS TO ATTEND AN EDUCATIONAL INSTITUTION OR TO OBTAIN A COMMERCIAL DRIVER'S LICENSE, IN AN AMOUNT NOT TO EXCEED $3,000.00 PER SCHOLARSHIP, FOR THE FOLLOWING ELIGIBLE APPLICANTS: LANCE MCCOY, MARCUS SANDS, WILLIAM SOSA, VICKSON CARVIL, JONATHON DUARTE, MARCHAE GLENN, SI DNESHA HOLLAND, DIANA JULES, KHALIL LEWIS, ANNA MCKNIGHT, ROBERT MUNGIN, ANGELO PERRY, SHERICASMITH, AND HEDRICK TOUSSAINT; AUTHORIZING THE CITY MANAGER OR DESIGNEE City of Miami Page 12 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 TO DISBURSE THE SCHOLARSHIPS, UPON DISCRETION, WITH THE PRESENTATION OF SATISFACTORY DOCUMENTATION FROM THE EDUCATIONAL INSTITUTIONS OR VOCATIONAL PROGRAMS; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY MANAGER OR DESIGNEE AND CITY ATTORNEY; ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED, "SOLID WASTE RECYCLING EDUCATIONAL TRUST FUND," ACCOUNT CODE NO. 13100.212000.549000.0000.00000. 14-01073 Summary Form.pdf 14-01073 Back -Up Documents.pdf 14-01073 Pre-Legislation.pdf 14-01073 Back -Up from Law Dept.pdf 14-01073 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0456 CA.6 RESOLUTION 14-01098 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT FOURTEEN (14) RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO MAINTAIN COPIES OF SAID DEEDS. 14-01098 Summary Form.pdf 14-01098 Back -Up from Law Dept.pdf 14-01098 Legislation.pdf 14-01098 ExhibitA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0457 CA.7 RESOLUTION 14-01141 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE TOTAL NOT TO EXCEED AMOUNT OF $166,500.00 ("GRANT") FROM THE NATIONAL RESOURCE NETWORK ("NETWORK"), AN INITIATIVE OF THE FEDERAL GOVERNMENT'S "STRONG CITIES, STRONG COMMUNITIES" INITIATIVE ("INITIATIVE"), ESTABLISHED City of Miami Page 13 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 PURSUANT TO AN EXECUTIVE ORDER SIGNED BY PRESIDENT BARACK OBAMA ON MARCH 12, 2012, FOR THE PURPOSES OF PROVIDING DIRECT ASSISTANCE TO THE CITY OF MIAMI ("CITY"), BY IDENTIFYING AND IMPLEMENTING NEW SOLUTIONS TO FACILITATE ECONOMIC RECOVERY AND GROWTH WITHIN THE CITY; ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STRONG CITIES, STRONG COMMUNITIES INITIATIVE 2014-2015," TO ACCEPT THE GRANT AND APPROPRIATING GRANT FUNDING IN THE AMOUNT OF $166,500.00 AND THE CITY'S TWENTY-FIVE (25%) PERCENT REQUIRED MATCH IN THE TOTAL NOT TO EXCEED AMOUNT OF $55,500.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE NETWORK, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE MOU, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR SAID INITIATIVE PURPOSES. 14-01141 Summary Form.pdf 14-01141 Back -Up - Draft MOU.pdf 14-01141 Legislation.pdf 14-01141 Exhibit -Assessment Report.pdf 14-01141 Exhibit - Fact Sheet.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0461 Chair Gort: Next. Daniel J. Alfonso (City Manager): CA .7. Commissioner Suarez: Thank you, Mr. Chair. I just wanted to pull CA.7 because it's a grant by the Federal Government for an initiative and a study, and I think one of the things that we, as a Commission, have put a premium on -- and the Mayor has done it as well -- since I arrived here is the issue of poverty in our City. It's a big issue. And I just would like to ask the Administration to work with the group to help, you know, Commissioner Hardemon, myself, and Commissioner Sarnoff and anyone who has attended poverty initiative sunshine meetings, you know, to use these resources to help identify what the City of Miami can do through the money that we've allocated and through other sources that we can leverage that we've talked about in our initiative meetings to combat this issue, which we do a lot for homeless and I commend the Chair -- I commend Commissioner Sarnoff for his editorial on the homeless issue and the things that we're doing for the homeless. I think that's -- you know, that is an obligation that we all have. We do a lot offor children. We do a lot for adults with developmental disabilities, and those are all very important and marginalized populations, but the poor or the working poor, which is a huge population in our City, we -- I think a study just came out recently that shows that the City of Miami has one of the largest income disparities in the country. So we have a tremendous amount of wealth, and we're seeing in our census that, you know, things are -- our wealth -- our City's growing tremendously, but we also have a tremendous amount of poverty. So I would just ask, respectfully -- and we talked about it in our briefing -- that the Administration coordinate with our office so that the study that's being doing target that issue. City of Miami Page 14 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: The -- although I've not been able -- and I apologize -- to go to sunshine meeting, I would like to get the -- I wanted to know how that this is going to be implement, what are the plans. I know you have a strategy, a plan you put together; I've looked at it. A lot of good things in there, but I want to see how it's going to be implemented. Mr. Alfonso: Right. Commissioner, this particular grant is not part of what the City is doing, but we are -- definitely work together to incorporate -- Chair Gort: Of course. Mr. Alfonso: -- the two processes. Chair Gort: You can always use the funds. Mr. Alfonso: Thank you. Chair Gort: Okay, is there a motion? Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. CA.8 RESOLUTION 14-01153 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Information PROCUREMENT OF APPLICATION TRACKING AND ON -BOARDING Technology SERVICES FROM GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV, FOR THE CITY OF MIAMI DEPARTMENT OF INFORMATION TECHNOLOGY, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING BID CONTRACT OF THE CITY OF JACKSONVILLE, FLORIDA, BID CONTRACT NO. ESC-0240-11, EFFECTIVE THROUGH MAY 31, 2015, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY THE CITY OF JACKSONVILLE, FLORIDA, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-01153 Summary Form.pdf 14-01153 Back -Up - Draft PSA.pdf 14-01153 Back -Up - Jacksonville Contract.pdf 14-01153 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0458 City of Miami Page 15 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 CA.9 14-01163 District 2- Commissioner Marc David Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY TO ALLOW THE BOYS AND GIRLS CLUB OF MIAMI-DADE, INC. TO SELL FIREWORKS AT THE PROPERTY LOCATED AT 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, BEGINNING DECEMBER 26, 2014 AND ENDING DECEMBER 31, 2014. 14-01163 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-14-0462 Chair Gort: Next. Commissioner Sarnoff. I think it's CA.9. Chair Gort: CH.9 [sic]. Commissioner Sarnoff. CA.9, Mr. Chair. Chair Gort: CA.9. Commissioner Sarnoff. I just wanted to go on record with the Boys and Girls Club. They perpetually do not get their permits in on time, and that's something that can be fixed. And they may not always have a friend sitting here to fix that, so I want to go on record to the Boys and Girls Club very clearly saying, "You know when Christmas comes; you know when you're going to sell pumpkins; you know when you're going to sell trees." Pretty much happens every time, same time every year. I just want to give them forewarning. You'll -- `you should not rely on your Commissioner, the District 2 Commissioner," because it actually -- you know, I'm not sure that is -- that might be somebody else's neighborhood. "But don't rely upon a Commissioner to fix what you didn't get done timely." Chair Gort: Right. Commissioner Sarnoff. And I just put them on record. Please, please. It's the same time every year. It's the same scenario every year. Thank you, Mr. Chair. Chair Gort: Thank you. I think maybe we should send them a letter the month before, let them know that you get to pull a permit. Maybe the NET (Neighborhood Enhancement Team) Office should be able to inform them. Now, my understanding, some of those permits can be pulled out of the NET Office. Daniel J. Alfonso (City Manager): Yeah. Chair Gort: Okay, so let's make the NET Office aware of the incident, okay. Is there a motion? Commissioner Sarnoff. So moved. City of Miami Page 16 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. CA.10 RESOLUTION 14-01183 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ALEXANDER J. SOL, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $55,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF ALEXANDER J. SOL VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 14-13371 CA01, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.302001.545013.0000.00000. 14-01183 Memo - Office of the City Attorney.pdf 14-01183 Memo - Budget Sign-Off.pdf 14-01183 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0459 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: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon CA.11 RESOLUTION 14-01210 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF TENANT BROKER AND REAL ESTATE CONSULTING SERVICES, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, UTILIZING THE EXISTING STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES ("DEPARTMENT") CONTRACT, INVITATION TO NEGOTIATE NO. DMS-12/13-007, WHICH WAS COMPETITIVELY SOLICITED; SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE DEPARTMENT; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE City of Miami Page 17 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 TIME OF NEED, FOR SAID PURPOSE. 14-01210 Summary Form.pdf 14-01210 Legislation.pdf 14-01210 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Suarez Noes: 1 - Commissioner(s) Gort Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0463 Daniel J Alfonso (City Manager): CA. 11. Daniel Rotenberg (Director, Public Facilities): Daniel Rotenberg, Department of Real Estate & Asset Services. CA.9 is a resolution to use the existing State of Florida Department of Management Services contract to provide real estate brokerage services, specifically so we can use CB Richard Ellis and their expertise (UNINTELLIGIBLE) for specific deals that we have going forward on a deal -by -deal basis. Chair Gort: So my understanding, this can be used in specific deals that you may be working on and you need an outside individual to do so? Mr. Rotenberg: That's correct. Chair Gort: I want to know how much it's going to cost us. Mr. Rotenberg: These are success fees or the commissions, so going in it doesn't cost us anything. If they conclude a deal on each specific deal we negotiate, but it's typically 1 percent, 2 percent of the entire transaction. Chair Gort: Because according to what I read here, they go up from 5 percent, plus they charge per hour and -- Commissioner Suarez: Rental (UNINTELLIGIBLE). Chair Gort: So I want to see when our contract is. Mr. Rotenberg: Yes. Chair Gort: Because it's not in here. Each -- maybe I misread it. Alice Bravo (Deputy City Manager/Chief of Infrastructure): Good morning. Alice Bravo, Deputy City Manager. When we piggyback on a contract, we basically accept the terms of the existing agreement between the entity and the State. So what we're talking about in that contract Chair Gort: But you can renegotiate. Ms. Bravo: Hmm? Chair Gort: You can renegotiate. Ms. Bravo: I believe, if we start changing the terms, then it's no longer a piggyback; it would be a stand-alone agreement. City of Miami Page 18 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Victoria Mendez (City Attorney): You cannot change the terms. That's why it's -- a straight piggyback is to follow the contract and the procurement process that the State did. Ms. Bravo: So in the case of the potential deals that we're looking at involving them in, it would be a large-scale deal, so it would be the bottom of the range, which has a two and a half percent success fee. That contract with the State had them also evaluating all the State properties; we're not doing that, and that's where the hourly fees came into play. We're just going through the one aspect of potentially large deal. Commissioner Suarez: Mr. Chair. Chair Gort: And we don't have the expertise in house? Ms. Bravo: Well, we think that the caliber of this property, we're best served by having the outside expertise. Chair Gort: Okay. Commissioner Sarnoff So moved. Chair Gort: It's been moved by Commissioner Suarez [sic]. Is there a second? Commissioner Sarnoff Second Commissioner Suarez: Did I move it? I guess I did. Chair Gort: You moved it; second. Discussion. Commissioner Suarez: Yeah. Let me -- because you just said something that kind of triggered something in me, and I hate to do this, because this is -- I did not discuss this in the briefing, and I usually like to be pretty transparent about what -- my thought process, but -- and I'm a real estate attorney, so this is kind of a tough situation for me. Selling a piece of property, even a large piece of property, is not difficult. You put it out to RFP (Request for Proposals) -- Sorry? Mr. Alfonso: I'm sorry. I don't think we're talking about selling any piece of property. Ms. Bravo: No. Commissioner Suarez: You're talking about hiring a realtor that will sell a piece of property. Mr. Alfonso: Not this (UNINTELLIGIBLE). Ms. Bravo: We're talking about potentially acquiring an acjoining property and then having a joint redevelopment of the two properties together as a P3 for a large-scale venue that we're looking at leveraging its value 'cause it's underutilized at this moment. Commissioner Suarez: And so you would be using them to -- as a buyer's broker? Ms. Bravo: We're basically -- yes, on our behalf, brokering the deal to attract qualified applicants, you know. If you look at a history on some of our recent RFPs, we've had very limited interests, maybe two applicants, and another deal we had just small local applicants. So this is a premier property that we want to be able to -- Commissioner Suarez: Okay, you convinced me. City of Miami Page 19 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Ms. Bravo: All right. Okay. Commissioner Suarez: You convinced me. I want competition. I think competition will get us the best deals. So if what you're saying is some of our RFPs have not solici -- have not elicited enough competition, you know, that makes more sense. Thank you for your scrutiny on this, Mr. Chair, 'cause I think it was well founded Chair Gort: All in favor? Commissioner Sarnoff Aye. Commissioner Suarez: Aye. Chair Gort: Nay. Commissioner Suarez: Understood END OF CONSENT AGENDA Chair Gort: Consent agenda. Commissioner Sarnoff I'd just ask that we just discuss CA.9, Mr. Chair. Commissioner Suarez: And I'd like to pull CA.7, please. Chair Gort: CA.1. Commissioner Suarez: And I move the remainder of the consent agenda that was not pulled. Commissioner Sarnoff. The CA.1, CA.7, and CA.9 will be discussed and Commissioner Suarez has moved for the remainder, right? Chair Gort: And CA. 11, right? Commissioner Sarnoff You want 11 discussed as well? Chair Gort: Yes, CA. 11. Commissioner Sarnoff CA.11 as well. Chair Gort: All right, there's a motion to move the -- Commissioner Sarnoff Second. Chair Gort: -- consent agenda without the items we just mentioned. Do you have it, Mr. Clerk? Todd B. Hannon (City Clerk): Yes, sir. Chair Gort: Okeydoke. Any -- is there a second? Commissioner Sarnoff Second. Chair Gort: Second by -- Commissioner Sarnoff Yeah, second. City of Miami Page 20 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 PA.1 14-01148 (PA.1) 14-01148a Chair Gort: -- Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying hye. „ The Commission (Collectively): Aye. PERSONAL APPEARANCES PRESENTATION A PERSONAL APPEARANCE BY THE TOBACCO FREE WORKGROUP AND STUDENTS WORKING AGAINST TOBACCO (SWAT) REGARDING TOBACCO ISSUES AFFECTING YOUTH THROUGH THE SALE OF FLAVORED TOBACCO. 14-01148 Back -Up Documents.pdf 14-01148-Submittal-Nancy E. Maidique-Students Working Against Tabacco- S.W.A.T.pdf PRESENTED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT BAN ON THE SALE AND MARKETING OF FLAVORED TOBACCO PRODUCTS TO MINORS IN FLORIDA; AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 14-01148a-Submittal-Nancy E. Maidique-Students Working Against Tabacco- S.W.A.T.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0481 Chair Gort: Let's hear -- the students have been here for a while. Commissioner Suarez, I believe it's your item. Let's hear from them, and then let's go into the regular agenda, please. Commissioner Suarez: Which item is this? Chair Gort: This is personal appearance. Yes, sir. Brandon Moist: Hello. My name is Brandon Moist. We're from Miami Lakes Educational Center, and the issue we'll be addressing today is candy flavored tobacco. Candy flavor tobacco hits teenagers, and what will they end up with? Lung cancer. And not even lung cancer, candy flavor tobacco can cause throat cancers, mouth cancers, and stomach cancer as well, because it's smokable and chewable. When you're chewing it, it has like apace that comes out. Some people swallow the juice. It leads down to the stomach and then it cause stomach cancer. Also, the E-cigarette -- also known as the hookah"- it also has tobacco within it and that, as well, can cause lung cancer. And one hookah is equal to -- I'm not sure about the number. I think about four cigarettes, I believe. So what we want to do is ask can you do like a -- probably a ban on City of Miami Page 21 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 hookah sales or E-cigarette sales down here, because candy flavor tobacco, as I said, will hit the teenager, and usually, he's about 17 years of age, where a teenager will get to these things. So then they're smoking this while they're so young, and after years and years of accumulate with them smoking this, they'll eventually end up with lung cancer, or if they do end up with the chewable or the candy type, then they can end up with mouth cancer, tongue cancer, throat cancer, esophageal cancer, stomach cancer, and other health issues too, such as hypertension, heart disease, and multiple issues, so due to the nicotine that can cause all these things, and then smoking itself also causes hypertension. So that's the issue we'll talk about today. Chair Gort: Thank you. Christian Bresciani: Hello. My name is Christian Bresciani. And here's a little fact about it. Because of nicotine addiction, about 3 out of 14 smokers end up smoking into adulthood, even if they intend to quit after a few years. Chair Gort: Thank you. Karla Mantilla: Good morning. My name is Karla Mantilla. It's a pleasure to be here. Me being a nursing student studying in the health care profession, nearly -- you can -- all drugs get affected by the use of tobacco. And the young people start smoking early, it progresses, and they have a higher chance of suffering from deadly diseases in the future. Thank you. Chair Gort: Thank you. Keisha Damus: Hello. My name is Keisha. I want to talk about tobacco, okay. Candy flavor tobacco is a drug product that is targeting new users and most of those users are teens . What happens when teens begin smoking? They don't finish school. Twenty percent of these smokers are beginning between the ages of 11 through 17. Most of those started smoking before the age of 18. This products give cancer and more and more people get sick and they die. And we want to ban this cancer -causing product for hurting the human body. Thank you. Chair Gort: Thank you. Yes, ma'am. Nancy Maidique: Yes. Good morning, Chairman Gort, Commissioner Sarnoff, Commissioner Suarez. My name is Nancy E. Maidique, and I chair the Tobacco -Free Work Group of the Consortium for a Healthier Miami -Dade. I am here to ask you to sign a resolution to ban the sale of flavored tobacco products. These products are targeting our children with their multitude of candy -like flavors, their colorful neon packages, and their very low price point. As you can see, I am holding two cigarillos. These actually sell for a mere 59 cents each. The candy -like flavors make the harsh tobacco more palatable for the children. Most of the children who become addicted start by using flavored tobacco products. This is not surprising, because we actually have internal documents from tobacco companies where they discuss adding flavors and sweetness to these products in order to entice children. Well, the children are saying that enough is enough. They do not want to be targeted with these products, and they want to end the cycle of addiction. They want to be the first tobacco free generation, and they are here to ask you for your support. Over 400 municipalities throughout the State of Florida have already passed this resolution to ban the sale of flavored tobacco products. In Miami -Dade County alone, 23 out of the 36 municipalities have also already passed it. Today, we would like to add the City of Miami to the list of municipalities that care about the health of our children and will support them. Please, join us in creating a healthier next generation and pass a resolution to ban the sale of flavored tobacco. Chair Gort: Thank you. Ms. Maidique: Thank you. City of Miami Page 22 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Gentlemen. Commissioner Suarez: I think there was some misunderstanding. That wasn't my agenda item, but they have a very compelling case. I don't know. Thank you for coming. Chair Gort: Let me ask a question. My understanding, this is tobacco product and they're sold to minors? Ms. Maidique: They are flavored tobacco products (UNINTELLIGIBLE). Chair Gort: Yes, go ahead. Yeah. Ms. Maidique: I'm pretty loud, but -- Chair Gort: Yeah. Ms. Maidique: They are flavored tobacco products; and it's amazing, but yes, they are actually being sold illegally, though, to minors. They are. Because if not, there wouldn't be so many minors actually -- Chair Gort: Right. Ms. Maidique: -- smoking them. But the issue is that they're flavored. Chair Gort: This is the first time I have seen -- I mean, I've seen the -- Commissioner Suarez: Yeah, we banned -- Chair Gort: -- one you put in your mouth, but the other one, I've never seen before. Commissioner Suarez: We banned -- I think it was you, Chair -- Chair Gort: Yes. Commissioner Suarez: We banned the sale of -- Ms. Maidique: E-cigarettes. Commissioner Suarez: -- electronic -- Ms. Maidique: Yes. Commissioner Suarez: -- cigarettes. Ms. Maidique: Yes. Commissioner Suarez: So -- yeah, I know. I mean -- Chair Gort: I don't have any problem. Anybody -- motion? Commissioner Suarez: I don't have a problem. 171 move it. Commissioner Sarnoff. Second City of Miami Page 23 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: It's been moved by Commissioner Suarez, second -- Ms. Maidique: Thank you. Chair Gort: -- Commissioner Sarnoff. Any further discussion. Being none, say Yes." The Commission (Collectively): Yes. Chair Gort: I thank you all for being here. Commissioner Suarez: I think it's -- Chair Gort: I hope you learned a little bit about government and how it works. Commissioner Suarez: I was going the say. I was thinking the same thing. Chair Gort: It's not that ease. Thank you for being here. Ms. Maidique: You know, we have a little request. The children would love to take a picture with Commissioners. Is that at all possible? Can they stand here maybe and --? Commissioner Suarez: Sure. Chair Gort: Sure. Ms. Maidique: Would that be possible? Chair Gort: Come right (UNINTELLIGIBLE). Commissioner Suarez: It's a good day for that. Chair Gort: Consent agenda. Victoria Mendez (City Attorney): Mr. Clerk. Chair Gort: Yes. Ms. Mendez: I'm sorry. Mr. Clerk, just to clam, was there a motion that was -- Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: There was. Ms. Mendez: -- directing us to draft legislation making sure that it's banned for minors, which -- Chair Gort: Compliance with the -- Ms. Mendez: -- compliance with the --? Chair Gort: Right. Ms. Mendez: Okay, I just wanted to make sure. Chair Gort: (UNINTELLIGIBLE). City of Miami Page 24 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 PA.2 14-01149 Todd B. Hannon (City Clerk): Yes, there was a vote. Commissioner Suarez: You know, our Clerk is a stickler, so we need to be very clear for our Clerk's sake. Ms. Mendez: Thank you. PRESENTATION A PERSONAL APPEARANCE BY THE MIAMI-DADE COUNTY PUBLIC LIBRARY SYSTEM REGARDING LIBRARY SERVICES AND RESOURCES. 14-01149-Submittal-Presentation-Miami-Dade Public Library System.pdf PRESENTED Daniel J. Alfonso (City Manager): Mr. Chairman, we have visitors from Miami -Dade County Public Library System who are going to make a personal appearance. If we can have them -- Chair Gort: Sure. Mr. Alfonso: -- come up now. Thank you very much. Chair Gort: Good morning. Rafael Costa: Good morning, Mr. Mayor and Mr. Chairman, Commissioners. My name is Rafael Costa. This is my colleague, Carmen Centeno. We're library services specialists for the Miami -Dade Public Library System, and we would like to thank you for this opportunity to just give you a brief presentation on the services and products that the library system is offering. We are, first and foremost, you know, your library system. We're made up of 48 branches, many of those branches in the City of Miami, with 2 bookmobiles, 28 weekly stops throughout the County. We hosted over 6 million annual visitors in Fiscal '13/'14, and 4 million of those visitors -- 4 million virtual visitors as well. We are the largest provider of free public computers with Internet access. The library system hosted over 1.3 million Internet sessions last year. We are also in the process of replacing a lot of our laptops in our branches to meet that demand, so we will be rolling out Microsoft surface tablets for our residents and students to use in many of our branches. We are Wi-Fi connected at every -- of our -- each one of our buildings, including an enhanced Wi-Fi in many of the buildings that have a park as well next door. So whether or not the people are visiting the libraries, they can use the Wi-Fi service that we have. We have, of course, our physical collection, but also access to e-Government services, and that is, you know, our partners coming into our buildings and offering immigration services, financial workshops, and so forth in many of our branches. And in addition to that, we are downloadable music and songs and streaming, which I will cover in the next few slides. One of the most important things in being a library, a Twenty -First Century library is you need to be 24/7; people want the information now in the format that they want it. So by being a 24-7 library, that gateway to 24/7 library is www.mdpls.org. That is our web site. That gives you access to your account. People can see what they have checked out. They can see what they -- want to request and request items and so forth. Online magazines: We have a service called "Zinio, " which I will cover in another slide, where people can see downloadable magazines. You can download an eBook and even expand your music collections and online information. Now, some of those services, some of those specific services we have, which -- "OverDrive" is one of our most popular services. Those are your downloadable audio books and eBooks. It's -- you know, people download it to their smart devices. They can take it with them. They can listen to it in their cars and so forth. Freegal. I'm pretty sure a lot of people don't know that with your library card, you have five downloads per week of music. You have over seven million songs available to you from the Zoning Playbook and that's available to all of our residents. Zinio is that service I was speaking City of Miami Page 25 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 to you about. So whether you want National Geographic, Traveler, any type of magazines having to do with travel and so forth, Zinio is your service. To your right there, you're going to see some of our databases. The job and careers, what helps people polish those resumes and those interview skills and even provides them with job hunt, specific information in the area. You know, we have testing education as well, and testing and education is what helps your residents with their SATs (Scholastic Assessment Tests), ACTs (American College Tests), GREs (Graduate Record Examinations), and so forth. This is something that we are very happy to present this year. This year we just launched -- your library system is learning coding and streaming. We just launched this year, from that blue poster you see up there, "Tutor. com. " Tutor. com has already received over 1,400 sessions, and that provides your students one-on-one online tutoring seven days a week, 3 to 11 p.m. via a computer. So they get that one-to-one service, and it's been a very successful launch for us. At the bottom, "Hoopla. " A lot of people don't know that the library provides is your Netflix. It's your Netflix, and it's free with your library card. It's 24/7 access to movies, audio books, and music downloads as well. We will be launching tomorrow "lynda. com, " and lynda. com is great for businesses because it basically gives your employees or anybody or any resident wanting to learn business skills, creative skills, software skills, and they can go in there under "video tutorials" with Lynda. com and get all that service for free. Later this month, we will be launching "tree house, " and we're very excited with tree house because it is your guide to downloadable, instructor -led information for coding. So teens, preteen, adults wanting to learn or wanting to create that next big app, Tree House will be the source for them. And the last thing I want to touch upon is Mango Languages, and Mango Languages provides 64 languages. So whether you want to immerse yourself in a language completely or just know a few phrases, Mango Language is also a very popular service with our residents. And finally, for my part, it's great to have all of these sources, but if you don't have it in the format that people want it and immediate, it's not going to work, so you have to be on the go, and we are on the go. That major app that you see there is the Miami -Dade Public Library System iLibrary app. So all of our catalogs, your books, your DVDs (Digital Versatile Discs) and so forth and requests can be used to do this -- through this app. And all the other smaller apps that you see there, all the other sources that I've been mentioning -- OverDrive, Tutor, Hoopla, and so forth -- there's an app available for that as well, so you just enter your library card information once and you basically have your library on your smart phone. So technology, like the one I just said and the sources I've just presented, are just one way that we engage the community. My colleague, Carmen, is now going to come up and speak to you just about some other special services we have. Chair Gort: Let me ask you a question. Do you have the number of individual utilizing at the present time? Mr. Costa: The number of individuals utilizing -- Chair Gort: Utilizing the -- through -- their cards, utilizing all the software that you have here. Mr. Costa: We have statistics that are being -- of the items being used. I can get those numbers for you. But there is statistics for each of the sources and how many people are logging in. Chair Gort: Because I think those are great services, and a lot of people, I'm sure they're not aware they can go into it. Mr. Costa: A lot of people are not aware. We're making them aware; is one of the reasons we are here with you today. Chair Gort: Thank you. Yes, ma'am. Carmen Centeno: Good morning. So one of the key ways we engage our communities through programming -- City of Miami Page 26 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Your name. Your name is? Ms. Centeno: Carmen. Good morning. It's a pleasure. My name is Carmen Centeno. Chair Gort: Thank you. Ms. Centeno: Thanks. And we are community engagement. Our programs support the mission of the Miami -Dade Public Library System by providing our users with additional opportunities for information, education and recreation. And we are very excited to announce that in 2015, the Lemon City branch will host a creative aging program, and this program started about two years ago through a grant, and it's an amazing program for seniors because it allows them not only to learn something new but also to engage with members of the community, so it's a wonderful program. The program is designed for seniors 55 and up. And the residents will be surveyed to determine the focus of the programs. Last -- the first picture that you see on the slide is to show you what they did last year, what one of the branches focused on, and they did quilting; others did photog -- they learned photography, painting and drawing. So we're very excited, and the patrons really enjoyed it, too. Another program that we're going to be offering at the li -- this one's going to be at all the libraries is S.T.E.A.M. and Robotics. And S.T.E.A.M. and Robotics have been and continue to be very popular with children and teens, and it's a continuing trend among libraries nationwide. In case you're not familiar with the acronym, S.T.E.A.M., it stands for Science, Technology, Engineering, Arts and Math. And these wonderful programs expose the children and teens to those subject areas and a program that's exciting and allows them to invent and have a great time. Okay. Reading Ready is our early literacy program. Early literacy continues to be the focus for our library system. As you know, early literacy is very important, and we definitely want children to be exposed to books and literacy before they start school, so that's our -- one of the key programs. And Reading Ready is very popular at our Edison, Coconut Grove, and Shenandoah branches. We get a lot of children at those locations all the time. The rest of the programs on the -- the slide are just to let you know what's popular and most frequented by the residents of the City of Miami, such as immigration services, which we have citizenship corners where patrons come in and they want to become citizens; we provide them books and help them with their questions. And we also have a job and career placement workshop. Those are wonderful too, and they're very popular, our Hispanic branch. And thanks to our partnership that we have, we're able to offer that to help them with resumes and things like that. So these programs are just one more way the library reaches the community. However, in our role to serve all residents, the library also provides special services. MDPLS (Miami -Dade Public Library System) has dedicated departments that focus on the needs of specific populations, and let me tell you about them, because some people are not aware of what we have. The first one is called Jump Start, and this program offers story time kits to go to all licensed day care centers and schools in Miami -Dade County. And so these kits contain all the materials that the teachers would need to create a fun and educational presen -- program, such as books, puppets, music, things like that. And this is a wonderful program because it allows us to reach children who may not be visiting the library for whatever reason, so we're going to those neighborhoods, to those daycare centers, to those schools so that their care - - so that the teachers can read to them; and hopefully, before they start school, children are definitely, you know, exposed to it all that we want. The next wonderful program is called "Project L.E.A.D." Project L.E.A.D stands for Literacy for Every Adult in Dade County. And did you know that there's a large percentage of residents who live here in Dade County who have - - who are functionally illiterate? And so this wonderful department, Project L.E.A.D. is there to assist them, to help them so they can get the skills that they need to learn to read and write. And Project L.E.A.D. provides free, confidential, one-to-one tutoring in those areas of reading and writing. And what's wonderful about it is the trainers are all volunteers, people like you and me, and they -- you know, they're there to make a difference in people's lives. So if anyone is interested, you know, just let us know, to participate. Many of our patrons consider the next two services a lifeline, and those are Talking Books and Connections. "Talking Books offers braille City of Miami Page 27 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 and audio books and magazines, along with a player, to individuals of all ages who cannot read or see center print, okay, so we mail them those materials. Connections is a service for the homebound. We provide books by mail to them as well, and again, for individuals of all ages; to those customers who are unable to visit us, so we're able to provide this for them. So whether it's a disability that they have or a condition of aging, we'll be able to do that for them. So whether it's technology, community engagement, special services, the library recognizes the important role that partnerships play to help us reach our mission. MDPLS has formed partnerships with local businesses, sports teams, and other non-profit agencies to bring added services to its customers, and that's just an example -- a small example of all of our partners. But thanks to our wonderful partners, who have been able to offer many, many things, such as financial workshops at the library, career and job placement services and workshops at the Hispanic branch so patrons can come in and they can -- we can teach them how -- they can learn how to do -- write their resumes and get ready for job interviews, cultural events, tax preparation with the AARP (American Association for Retired Persons), summer reading programs for teen -- for children, teens and adults, thanks to the Miami Dolphins Foundation, S.T.E.A.M. and Robotic workshops. And let me ask you: How many of you have a library card? Raise your hand, please. Okay, excellent. Did you know that -- very good. Did you know that with your library card, you can visit some of our museums for free? Yes. So if you like the zoo or if you like Vizcaya or Perez Museum, you definitely will able to attend. All you need to do is visit our libraries and check out our museum pass and you and your family of four will be able to enjoy this wonderful program . So the library is always looking for partnership development with common mission and goals. So all services and programs are available system -wide and at your local branch; require a well -trained dedicated staff, okay; and your local branch offers that personalized service. And here are just a few examples of some of the libraries that are located in your districts and what they're coming in and how we're helping them. Many are coming in for those early literacy programs. They're also coming in looking for help to find those accelerator readers. We help the parents, you know, day in and day out finding those particular books. Most importantly, we assist them with those online applications. Many come in needing help filling out food stamps and applying for jobs, so we are able to provide them with that assistance. So we know our libraries are used at every stage of life and that are patrons seek us for various reasons, such as those. However, we do not take the presence of our patrons for granted. We are -- you know, we are constantly re-evaluating our services, looking at trends, and we're changing with the needs of our community. The library that you see today is not the library that you will see in 5, 10 years from now, okay. And last, I just want to say that we're transforming into a neighborhood centric collections and services, and we continue to look at our buildings and our services so that everything can -- you know, our libraries can reflect our community and that's where we definitely want to go. Our libraries -- people use our branches as meeting centers and homework -- to do homework and to -- you know, to attend there for voting. We're also catering to the producers of the digital future. "YOUmedia Miami" is a perfect example of this, and this is a place where teens come to produce video, mix music, attend work -- coding workshops, and we're also looking into opening other YOUmedias at South Dade Regional Library as well. We're creating "maker spaces, " okay. Maker spaces are spaces where people gather to create, invent and learn. And Miami Beach and Main library will be opening this. And finally, we are digital learning on wheels. We're taking technology on the road. We realize that many individuals cannot get to technology so we're taking technology to them, so there will be -- one spot will be able to learn all about coding and another one will be able to learn all about basic computer skills. So these trends will continue to change what services the library provides and even how the services are accessed by our customers. However, the one constant in all the conversations is that libraries will continue to inspire, engage and enrich the lives of our communities. Thank you. Chair Gort: Thank you very much. Mr. Alfonso: Thank you. City of Miami Page 28 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Ms. Centeno: Thank you, Mr. Mayor, and City Commissioner. Chair Gort: Mr. Manager, what I'd like to make sure that they have the contact with the NET (Neighborhood Enhancement Team) Office. Because I think that service you can provide by the neighborhood, if you contact our NET Office, you can set up group sessions so we can take the people and they can be aware. Ms. Centeno: Thank you. Chair Gort: Most of our park, if you're not familiar with, we have after -school programs with a lot of the kids (UNINTELLIGIBLE) utilize all the services. So it be good if we put them in touch with the NET Office. Mr. Alfonso: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Mr. Alfonso: Mr. Chairman, actually -- thank you for the opportunity. We actually met earlier -- my clock is crazy, so I don't know if it was this week or this week, we met with the director and the assistant director and others in the library system. We are working together. Zerry is working with them to make sure that we get into the parks, into the NET offices, because they do offers a great services that a lot of people are not aware of so getting that word out is going to be important. We also have the ability to name three members to the Public Library Advisory Committee, and we haven't done that in a very, very long time. So we're going to ask each elected official to submit a name and we'll put some names together so we can submit them to the Public Library Committee so that they can have representation of the City of Miami on their board. Chair Gort: Thank you. It's my understanding we do have a library committee; don't we? Mr. Alfonso: The Miami -Dade County -- Chair Gort: No, ours, City of Miami. Mr. Alfonso: Oh, the City of Miami has -- Chair Gort: We put a committee together. We going to be working with the library and see what the problems were and some of the solutions that we could come up with, as I recall. Mr. Alfonso: Yeah. That was a process that was created by the County, and we had some folks on that, but that was temporary for the discussion of the budget process. Chair Gort: Right. Mr. Alfonso: I'm talking about a permanent Public Library Advisory Committee, and by the Code, the City has three members that it can place on there, and we've never really done it in the past I don't know how many years. Chair Gort: Okay. Mr. Alfonso: So we will be asking for recommendations and sending them over. Chair Gort: I'll get you the name of the person who's been working there. Mr. Alfonso: Thank you, Commissioner. City of Miami Page 29 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Thankyou very much. Ms. Centeno: Thank you, Mr. Mayor. Chair Gort: We appreciate it. How many of you students here are aware of all these services? Unidentified Speaker: I'm sharing (UNINTELLIGIBLE). Chair Gort: Huh? Unidentified Speaker: I'm sharing (UNINTELLIGIBLE). Chair Gort: Please let them know all the service they can get, which is very important. To me, education is the most important things you can do for anyone. Ms. Centeno: Thank you. Chair Gort: Thankyou very much. Ms. Centeno: Thank you again. Thanks. Maybe, if you have any questions, we have our assistant director, Suzet Alvarez, and the other library staff. Chair Gort: That was very good. Ms. Centeno: Thank you, sir. Chair Gort: Great presentation. Ms. Centeno: Thank you. Chair Gort: Thank you very much. Thank you for being here. We'll pass it on. END OF PERSONAL APPEARANCES PUBLIC HEARINGS 9:00 A.M. PH.1 RESOLUTION 14-01132 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO GRANT CITRUS HEALTH NETWORK, INC., AN Economic EXTENSION OF TIME FOR THE 2013-2014 AGREEMENT FOR Development EMERGENCY SOLUTIONS GRANT PROGRAM, FROM APRIL 1, 2014, TO SEPTEMBER 30, 2015; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-01132 Summary Form.pdf 14-01132 Notice to the Public.pdf 14-01132 Pre-Legislation.pdf 14-01132 Back -Up from Law Dept.pdf 14-01132 Legislation.pdf City of Miami Page 30 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0464 Commissioner Sarnoff. PH.1. Chair Gort: I didn't (UNINTELLIGIBLE). Commissioner Sarnoff. Oh. Commissioner Suarez: Yeah. It almost died, by the way. It came a hair close to dying -- Chair Gort: PH1. Commissioner Suarez: -- I have to tell you. George Mensah: Good morning, Commissioners. George Mensah. I'm director of Community Development. PH1 is a resolution of the City Commission authorizing the City Manager to grant Citrus Health Network an extension of time from 2013-2014 grant agreement from April 1, 2014 to September 30, 2015. Commissioner Suarez: Move it. Chair Gort: Okay. Commissioner Sarnoff. Second. Chair Gort: It's a public hearing. Is anyone would like to address PH.1 ? Seeing none, hearing none, close the public hearing. Moved by Commissioner Suarez; second by Commissioner Sarnoff. All in favor, state it by saying aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 14-01134 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and TRANSFER OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT Economic FUNDS, IN THE AMOUNT OF $330,000.00, FROM THE CITY OF MIAMI Development CAPITAL IMPROVEMENT AND TRANSPORTATION PROGRAM, COMMUNITY CENTER PLAYGROUND PROJECT, LOCATED AT 1320-1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, TO MIAMI-DADE COLLEGE FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES, SPECIFICALLY, THE REHABILITATION OF THE TOWER THEATER, LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-01134 Summary Form.pdf 14-01134 Notice to the Public.pdf 14-01134 Pre-Legislation.pdf 14-01134 Legislation.pdf City of Miami Page 31 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item PH.2 was continued to the January 8, 2015 Regular City Commission Meeting. PH.3 RESOLUTION 14-01138 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") FIVE (5) Economic YEAR PUBLIC HOUSING AGENCY ("PHA") PLAN, AND THE Development ADMINISTRATIVE PLAN FOR FISCAL YEARS 2015-2019, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS; AUTHORIZING THE CITY MANAGER TO SUBMIT THE FIVE (5) YEAR PHA PLAN, ATTACHED AND INCORPORATED, FOR REVIEW AND APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR THE CITY'S CONTINUED PARTICIPATION IN SAID PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS AND CERTIFICATIONS REQUIRED, FOR SUBMISSION OF THE CITY'S PHA PLAN TO HUD. 14-01138 Summary Form.pdf 14-01138 Notice to the Public.pdf 14-01138 Back -Up from Law Dept.pdf 14-01138 Legislation.pdf 14-01138 Exhibit -Administrative Plan.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0466 Chair Gort: PH.2. George Mensah (Director, Community and Economic Development): PH 2 -- Daniel J. Alfonso (City Manager): That was deferred, Commissioner. Chair Gort: That was deferred. PH.3. Mr. Mensah: Commissioner, PH.3 is a resolution approving our City of Miami's Five -Year Public Housing Agency, PHA Plan, and the administrative plan for Fiscal Year 2015 to 2019. Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: Been moved and seconded. Any further discussion? Public hearing. Seeing none, City of Miami Page 32 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 PH.4 14-01043 Department of Capital Improvement Programs/Transportat ion hearing none, all in favor, state it by saying &ye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S WRITTEN FINDINGS AND RECOMMENDATIONS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE APPROVAL OF THE PURCHASE OF AN ON -BOARD AUTOMATIC TEXT AND VOICE ANNOUNCEMENT SYSTEM ("ATVAS") FOR THE MIAMI TROLLEY SYSTEM, SPECIFICALLY CONSISTING OFA COMBINATION OF HARDWARE AND SOFTWARE TO PRODUCE AUDIO AND VISUAL ANNOUNCEMENTS, INCLUDING ROUTE AND STOP INFORMATION IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, FROM RADIO ENGINEERING INDUSTRIES, INC., FORA NOT TO EXCEED AMOUNT OF $122,438.80; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ALLOCATING FUNDS FROM THE CITY OF MIAMI TRANSIT SURTAX REVENUES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-01043 Summary Form.pdf 14-01043 Notice to the Public.pdf 14-01043 Legislation V2.pdf 14-01043 Exhibit V2.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item PH 4 was continued to the January 8, 2015 Regular City Commission Meeting. Chair Gort: PH.5. PH.4, we need four -fifth. Unidentified Speaker: How about PH.4? Commissioner Suarez: It was -- oh, no. Chair Gort: I don't -- Commissioner Suarez: PH4. Chair Gort: (UNINTELLIGIBLE) the agenda; they can show it to you. Victoria Mendez (City Attorney): Right. PH.4 -- City of Miami Page 33 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: PH.5. Ms. Mendez: -- requires a four -fifths -- the Chairman is correct -- so we need the skip it. Commissioner Suarez: Can I just say something on PH.4 or not really? Can I just say -- make a comment? Chair Gort: We need a four -fifth to vote. Ms. Mendez: You can -- Chair Gort: You can -- Ms. Mendez: -- speak about it, but we can't vote on it. Commissioner Suarez: I just want to say on it, not on the actual -- I'm -- and I apologize, Mr. Chairman; I'm digressing a little bit. I just want to talk a little bit about the trolley. The Coral Way trolley numbers, they just sent them to me. They are 700 riders more than what we modeled, 700 riders more. So I want to commend the Administration, commend all of us for believing in it, for making it free. I got an e-mail (electronic) the other day from Maggie (UNINTELLIGIBLE), who's from RadioDNA. She was saying there was standing room only using it. I think people are really embracing the trolley concept, and I think we should be commended, because right now, the biggest issue we have in this community, aside from obviously our murder rate going up, is public transportation, and I think we are doing the best that we can to make it right. So thank you, Mr. Chair. Chair Gort: Thank you. We can't hear this. We can't make any motion. That needs four -fifth vote on this. He just wanted to comment on it. Mariano Cruz: Oh, yeah, need a four -fifth, right. Chair Gort: So we don't -- we -- Mr. Cruz: That's right. That's -- Chair Gort: We're not going to hear it. Mr. Cruz: (UNINTELLIGIBLE). Commissioner Suarez: Sorry, Mariano. Mr. Cruz: Right. Okay. Chair Gort: Thank you. Commissioner Suarez: Sorry, Mariano. Mr. Cruz: Yeah, okay. Commissioner Suarez: Sorry. Later... Chair Gort: And since I have a quorum, let me bring out PH.4. We have to have it continued City of Miami Page 34 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 PH.5 14-01095 Department of Real Estate and Asset Management because it needs a four fifths vote. Commissioner Suarez: Defer -- motion to defer PH.4 to the next Commission meeting. Chair Gort: It's been -- motion; is there a second? Commissioner Suarez: Commish -- Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Okay. Todd B. Hannon (City Clerk): And Chair, just for the record, that'll be to the January 8, 2015 Commission meeting. Chair Gort: Okeydoke. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, GRANTING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY SIX HUNDRED FIFTY SIX (656) SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATEDAT2200 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO CONSTRUCT AND MAINTAIN A SIDEWALK TO COMPLY WITH REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT, AND TO INSTALL AND MAINTAIN A SIGNALIZATION CONTROL PANEL IN, OVER, UNDER, UPON, AND THROUGH SAID PROPERTY. 14-01095 Summary Form.pdf 14-01095 Notice to the Public.pdf 14-01095 Legislation.pdf 14-01095 ExhibitA.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-14-0467 Chair Gort: PH.5. Eduardo Santamaria (Director, Public Works): PH.5 is a resolution authorizing the perpetual easement for 656 square feet at 2200 West Flagler Street, which is the South District Police substation. Commissioner Sarnoff. So moved. City of Miami Page 35 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Mr. Santamaria: It's a curb cut and a traffic -- Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Suarez. It's a public hearing. Is anyone in the public would like to address PH.5? Seeing none, hearing none, we close the public hearing. All in favor, state it by saying aye." Commissioner Suarez: I do second it, and I say aye." Commissioner Sarnoff. Aye. Chair Gort: Aye. Commissioner Suarez: Just for the Clerk's record. Chair Gort: PH.10. Commissioner Suarez: I don't want him to nullify one of our public hearing items. Daniel J. Alfonso (City Manager): Six and 7 were -- oh, sorry. Chair Gort: PH.10. Mr. Alfonso: That was (UNINTELLIGIBLE). PH.6 RESOLUTION 14-01154 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Works RESTRICTION OF VEHICULAR ACCESS TO FREEMAN STREET AT ITS INTERSECTION WITH TIGERTAIL AVENUE, MIAMI, FLORIDA; SUBJECT TO APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR; SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 14-01154 Summary Form.pdf 14-01154 Notice to the Public.pdf 14-01154 Memo - Police Dept.pdf 14-01154 Memo - Fire Dept.pdf 14-01154 Memo - Solid Waste Dept.pdf 14-01154 Map.pdf 14-0115 Legislation (V2).pdf 14-01154-Submittal-Diego N. Zambrano-Signatures of Support.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item PH.6 was deferred to the January 22, 2015 Planning and Zoning City Commission Meeting. PH.7 RESOLUTION 14-01159 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Works RESTRICTION OF VEHICULAR ACCESS TO THE SOUTHEASTERN END OF City of Miami Page 36 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 CRYSTAL VIEW COURT, LOCATED APPROXIMATELY 800 FEET SOUTHEAST OF ITS INTERSECTION WITH SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; AND DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. 14-01159 Summary Form.pdf 14-01159 Notice to the Public.pdf 14-01159 Memo - Police Dept.pdf 14-01159 Memo - Fire Dept.pdf 14-01159 Memo - Solid Waste Dept.pdf 14-01159 Map.pdf 14-01159 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item PH 7 was deferred to the January 22, 2015 Planning and Zoning City Commission Meeting. PH.8 RESOLUTION 14-01160 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Works RESTRICTION OF VEHICULAR ACCESS TO THE WEST END OF NORTHWEST4TH TERRACE, AT ITS EAST ENTRANCE INTO THE CITY OF MIAMI'S KINLOCH PARK, LOCATED APPROXIMATELY TWO HUNDRED THIRTY (230) FEET WEST OF ITS INTERSECTION WITH NORTHWEST 45TH AVENUE, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. 14-01160 Summary Form.pdf 14-01160 Notice to the Public.pdf 14-01160 Memo - Police Dept.pdf 14-01160 Memo - Fire Dept.pdf 14-01160 Memo - Solid Waste Dept.pdf 14-01160 Map.pdf 14-01160 Back -Up from Law Dept.pdf 14-01160 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0468 Chair Gort: PH8. Victoria Mendez (City Attorney): PH.8; 6 and 7 were -- City of Miami Page 37 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: That's right. Ms. Mendez: -- deferred or continued. Chair Gort: Six and 7 out. Daniel J. Alfonso (City Manager): Eight. Chair Gort: PH.8. Mariano Cruz: It was deferred. Eduardo Santamaria: Good morning, Commission and Chairman. Ed Santamaria, director of Public Works. PH.8 is a resolution authorizing and permitting the restriction of vehicular access to the west end of Northwest 4th Terrace at its entrance to enter Kinloch Park. Chair Gort: Moved by Commissioner Suarez. Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. It's a public hear. Is anyone in the public would like to address this? Yes, sir, go ahead. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am looking at this and was wondering why is the reason of this restriction? Is because there was a -- the boy that was killed in the substation there? What's the problem there? Chair Gort: No, sir, it doesn't have anything to do with that section; that's in the other section of the town. Mr. Cruz: No? It's traffic or whatever, but you know -- Chair Gort: No, no, there's no traffic in there. That's the -- it is a road that ends going into the park. They want to keep people from going into that park. Mr. Cruz: No, because we got so many restrictions, so many Big Brothers watching us around and all that. I wonder all this going on, because -- Chair Gort: Big Brother wants to protect the park. Mr. Cruz: No, remember, 19 -- 2014, 50 years of the civil rights of Lyndon B. Johnson, so are we going to follow civil rights 50 years today in 2014 or 1964, or we going back to 1984, Big Brother is watching us? Thank you. Chair Gort: Thank you, sir. All in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.9 RESOLUTION 14-01096 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "NEW BISCAYNE SHUSTER," A RE -PLAT 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 City of Miami Page 38 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 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. 14-01096 Summary Form.pdf 14-01096 Notice to the Public.pdf 14-01096 Back -Up from Law Dept.pdf 14-01096 Legislation.pdf 14-01096 Attachment 1.pdf 14-01096 ExhibitA.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-14-0469 Chair Gort: PH.9. Eduardo Santamaria: Once again, Commission, Chairman, Ed Santamaria, director of Public Works. PH9 is a resolution of the Miami City Commission accepting the final plat of New Biscayne Shuster from Ralph Shuster, Inc. (Incorporated), and authorizing the City Manager to execute the related documents. Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: Been moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Being a public hearing, is anyone in the public would like to address PH.9? Seeing none, hearing none, we close the public hearings. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.10 RESOLUTION 14-01140 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "NORTHWESTERN TRACTS," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; RESCINDING THE PLAT APPROVED PURSUANT TO CITY COMMISSION RESOLUTION NO. 97-907, ADOPTED DECEMBER 9, 1997; 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. City of Miami Page 39 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 14-01140 Summary Form.pdf 14-01140 Notice to the Public.pdf 14-01140 Back -Up from Law Dept.pdf 14-01140 Legislation.pdf 14-01140 Attachment 1.pdf 14-01140 ExhibitA.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-14-0470 Chair Gort: PH 10. Daniel J. Alfonso (City Manager): Yep. Eduardo Santamaria: Again, Commission and Chairman, Ed Santamaria, director of Public Works. PH.9 [sic] is a resolution accepting the proposed plat of Northwestern Tracts -- Commissioner Sarnoff Ten, 10. Mr. Santamaria: -- located -- Victoria Mendez (City Attorney): Ten; PH 10. Commissioner Sarnoff PH.10. Mr. Santamaria: I'm sorry; PH.10. Commissioner Sarnoff We will always get it right for you, Mr. Santamaria, but that's lunch on you. Mr. Santamaria: Okay. PH.10 is a resolution accepting the proposed plat of Northwestern Tracts located between Northwest 67th Street and Northwest 69th Street and between Northwest 7th and loth Avenues. Commissioner Sarnoff So move, Mr. Chair. Chair Gort: Been moved by Commissioner Sarnoff. It's going to be second by Commissioner Suarez? Commissioner Suarez: Yes. Chair Gort: Thank you. Is anyone in the public would like to address this issue of PH.10? Seeing none, hear -- Iris Escarra: IfI may. Chair Gort: Yes, ma'am. Ms. Escarra: Iris Escarra, with office at 333 Southeast 2ndAvenue. I'm here today with Mr. Fair (phonetic) of the Village Miami; Mr. Gross of the Urban League of Greater Miami. The item before you is a plat which will be having a financing that will be closing on December 29, so we'll be adding a sheet to the plat with just the mortgagees. The plat before you will not be City of Miami Page 40 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 FR.1 14-01162 modified in any way, but we have our lenders, Citibank, City of Miami and Miami -Dade County for this affordable housing project which will be added to the plat before you. Thank you very much. Commissioner Sarnoff.. Well, wait a minute. Commissioner Suarez: So moved. Commissioner Sarnoff.. I may reconsider now. Chair Gort: We might -- yeah, I need to -- after that speech, yes. Commissioner Suarez: Yeah, just (UNINTELLIGIBLE). Commissioner Sarnof. Yeah. Let me withdraw my -- that is a classic "You probably shouldn't have said anything." Ms. Mendez: Well, I asked her to add that on the record for transparency -- Commissioner Sarnoff.. So you're responsible -- Ms. Mendez: -- purposes. Commissioner Sarnof. -- for her going back to her client and saying -- Chair Gort: So the light is on you. Okay. Commissioner Suarez: I just want to thank our guests for corning. They're great, great men in the community and you're definitely examples for us and my generation to follow. Thank you. Chair Gort: Mr. Fair's (phonetic) been here for a long, long, time; building a lot of house for affordable -- lot affordable. Commissioner Suarez: That's right. Chair Gort: So thank you. Okay, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Escarra: Thank you very much. END OF PUBLIC HEARINGS FIRST READING ORDINANCE ORDINANCE First Reading District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Wifredo (Willy) Gort ENTITLED "OFFENSES -MISCELLANEOUS", MORE PARTICULARLY BY ADDING A NEW SECTION ENTITLED "PUBLIC URINATION OR DEFECATION PROHIBITED; EXCEPTIONS; PENALTIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01162 Legislation FR/SR.pdf City of Miami Page 41 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Chair Gort: First reading. First reading, I asked one question at one time, is do we -- my understanding is we have people more doing necessity in the public than before. When I ask about it, we didn't have any law, my understanding, to -- George Wysong (Assistant City Attorney, Supervisor): And you -- Mr. Chairman -- Chair Gort: Yes, sir. Mr. Wysong: -- traditionally, the enforcement would have been via 800.03, which is exposure of sexual organs or something like that, and it's been very difficult to prosecute those cases, because the Florida Supreme Court has ruled that if you are out in public and exposing yourself but you're not engaging in any lewd or lascivious activity, it's unenforceable. So this is an attempt to create a municipal ordinance violation to address those calls of nature on the public property. Chair Gort: You want to read it? Mr. Wysong: An ordinance of the Miami City Commission amending Chapter 37 of the Code of the City of Miami, Florida, as amended, entitled "Offenses -Miscellaneous"; more particularly by adding a new section entitled "Public Urination or Defecation Prohibited; Exceptions; Penalties "; containing a severability clause and providing for an effective date. Chair Gort: It's a public hearing. Is anyone in the public would like to address or discuss this issue? Mariano Cruz: Sure. Chair Gort: Yes, sir. Mr. Cruz: Sure. Mariano Cruz, 1227 26th Street. I am for this ordinance, because, you know, we are -- like we go with children and they say, "Look at" -- "Grandpa, look at what that guy is doing there." Maybe now we should take care of that because -- and now, I am glad that we got Officer Bernat doing work around based on the -- see, we got the Pottinger decision, but doesn't make any different how many ordinance we got; we need to put teeth on this ordinance and the implementation of the ordinance. You can have 20 or 20,000 laws there as an ordinance and statutes and all that, but you got to make sure the implementation and people complying with the ordinance. I am glad that you brought this, because that's happening, because I've been with my granddaughter at the park and say, "Look at that" -- "Abuelo, look at what that guy is doing there." They say, "Well, how come he doesn't use the bathroom?" Well, you know, how you going to answer that? Thank you. Chair Gort: Thank you, sir. Anyone else? Close the public hearing. It's an ordinance. Todd B. Hannon (City Clerk): The title's been read into the record. Is there a motion? Commissioner Suarez: So move. Commissioner Sarnoff Second Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Sarnoff. City of Miami Page 42 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.1 14-01158 Department of Fire -Rescue RE.2 14-01121 Mr. Hannon: Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Gort: Okeydoke. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A REVOCABLE LICENSE ("LICENSE") TO WEATHERFLOW, INC., FOR THE INSTALLATION OF A POLE WITH WEATHER INSTRUMENTATION TO BE PLACED AT MORNINGSIDE PARK, TO IMPROVE THE ACCURACY OF OBSERVATIONS DURING LAND FALLING TROPICAL CYCLONES, FOR INCREASED PUBLIC SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. 14-01158 Summary Form.pdf 14-01158 Legislation.pdf 14-01158 Exhibit -Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0471 Chair Gort: RE.1. Maurice Kemp: Good morning. Maurice Kemp, Fire Chief. RE.1 is a resolution of the Miami City Commission, with attachments, authorizing the issuance of a revocable license to Weatherflow, Incorporated, for the installation of a pole with weather instrumentation to be placed at Morningside Park. And this is to improve the accuracy of observations during landfall of tropical cyclones for increased public safety. Commissioner Suarez: Move it. Chair Gort: Thank you, sir. It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 43 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS AND ALL ADDENDA THERETO (COLLECTIVELY, "RFQ") NO. 414312 THAT THE VARIOUS RESPONSES OF A PRE -QUALIFIED POOL OF MUNICIPAL BOND UNDERWRITING FIRMS AS LISTED ON "ATTACHMENT 1", ATTACHED AND INCORPORATED ("UNDERWRITING FIRMS"), FOR BOTH FINANCIAL CAPITAL BEFORE HAIRCUT "A" AND FINANCIAL CAPITAL BEFORE HAIRCUT "B," FOR THE PROVISION OF MUNICIPAL BOND UNDERWRITING SERVICES FOR THE CITY OF MIAMI ("CITY") FINANCE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE FROM TIME TO TIME WITH ONE OR MORE OF THE UNDERWRITING FIRMS A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("PSA"), ON AN AS -NEEDED PROJECT BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FOR THE UNDERWRITING FIRMS, THROUGH THE PROCEEDS OF MUNICIPAL BONDS ISSUED; FURTHER AUTHORIZING THE CITY MANAGER TO ADMINISTRATIVELY ACCEPT AN ASSIGNMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, OF ANY EXECUTED PSA WITHOUT FURTHER CITY COMMISSION ACTION, UNLESS THE ASSIGNEE OF SAID PSA IS NOTA FINANCIAL INSTITUTION EVALUATED IN SAID RFQ NO. 414312 PROCESS. 14-01121 Summary Form.pdf 14-01121 Memo - Appointment Of Evaluation.pdf 14-01121 Memo - Recommendation of Evaluation.pdf 14-01121 Request For Qualifications.pdf 14-01121 Back -Up from Law Dept.pdf 14-01121 Legislation.pdf 14-01121 Attachment 1.pdf 14-01121 Exhibit-Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item RE.2 was continued to the January 8, 2015 Regular City Commission Meeting. RE.3 RESOLUTION 14-01156 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Works CITY MANAGER TO REMOVE THE PLAY STREET DESIGNATION AUTHORIZED BY RESOLUTION NO. R-12-0479, ADOPTED DECEMBER 13, 2012, FOR THE PORTION OF NORTHEAST 60TH STREET, BOUNDED BY NORTHEAST 4TH COURT TO THE EAST, EATON PARK TO THE NORTH, THE FLORIDA EAST COAST RAILWAY TO THE WEST, AND THE PROPERTY LOCATED AT 5990 NORTHEAST 4TH COURT, MIAMI, FLORIDA, TO THE SOUTH; DIRECTING THE CITY MANAGER TO TRANSFER ALL City of Miami Page 44 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 CONSTRUCTION, MAINTENANCE, AND UPKEEP OBLIGATIONS OF SAID STREET TO THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE DIRECTOR OF THE MIAMI-DADE COUNTY PUBLIC WORKS/WASTE MANAGEMENT DEPARTMENT. 14-01156 Summary Form.pdf 14-01156 Pre-Legislation.pdf 14-01156 Back -Up from Law Dept.pdf 14-01156 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-14-0472 Chair Gort: RE.2 has been taken out. RE.3. Commissioner Suarez: RE.2 has been taken out? Chair Gort: RE.2 was -- Commissioner Sarnoff. Yeah, 20 -- Commissioner Suarez: Okay. Daniel J. Alfonso (City Manager): RE.2 was deferred Commissioner. Victoria Mendez (City Attorney): It was deferred, RE. 2. Commissioner Suarez: It's just I don't have it with me. Chair Gort: It was deferred. Mr. Alfonso: RE.3. Commissioner Suarez: Got it. Eduardo Santamaria: Good morning, Commission, Chair. RE.3 is a resolution -- sorry. Ed Santamaria, director of Public Works. RE.3 is a resolution authorizing the City Manager to remove the `play street" designation for a portion of Northeast 60th Street bounded by Northeast 4th Court to the east, Eaton Park to the north, the Florida East Coast Railway to the west and the property located at Northeast -- I'm sorry -- 5990 Northeast 4th Court to the south. Commissioner Sarnoff. So move. Chair Gort: Okay, it's been moved -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second. City of Miami Page 45 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.4 14-01100 Department of Capital Improvement Programs/Transportat ion Chair Gort: Second by Commissioner Suarez. 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 AN INTERGOVERNMENTAL AGENCY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, REPLACING THE EXISTING INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY, APPROVED PURSUANT TO RESOLUTION NO. 11-0451, ADOPTED OCTOBER 27, 2011; TO PERFORM CERTAIN ADDITIONAL TRAFFIC ENGINEERING FUNCTIONS AND TO ALLOW THE CITY OF MIAMI ("CITY") TO INSTALL AND MAINTAIN CERTAIN TRAFFIC CALMING DEVICES OR SIGNS WITHIN LOCAL MUNICIPAL STREETS OPERATED AND MAINTAINED BY THE CITY. 14-01100 Summary Form.pdf 14-01100 Pre-Legislation.pdf 14-01100 Legislation.pdf 14-01100 Exhibit -Agreement.pdf SPONSOR: COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0473 Chair Gort: RE.4. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.4 is a joint participation agreement with Miami -Dade County. This is for the City to have traffic control jurisdiction over certain traffic -calming devices within City right-of-ways [sic], local City streets. It references traffic circles, speed humps, historic street name signs and pedestrian crossing signs. Chair Gort: Okay. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: I want to move the item. I sponsored this item. This is a labor of love for me. It has taken me, unfortunately and embarrassingly -- I don't know -- the better part of five years to accomplish this with Miami -Dade County. I want to thank in a very, very special way everybody who's been involved, and there's been so many people: Mark Spanioli, Alice Bravo; I guess I should thank the County staff as well, for their attendance of the meetings. And you know -- and just everyone, everyone who's pushed. This will facilitate the construction of traffic -control devices and expedite the -- and we'll put it on our side of the ledger, which is -- which has been the big holdup. We showed them evidence that in my district, Mr. Chair, 75 percent -- this is documented. This is not like hyperbole, okay? -- of the requested traffic -control City of Miami Page 46 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 devices have been denied, 75 percent. So there's a problem. Chair Gort: I'll share my story. Commissioner Suarez: I want to hear your story, because they -- either all our residents are crazy, 75 percent of them are crazy or are totally off base, or there is something in the supposed objective criteria that is bouncing all of these requests that are being given to us with these anecdotes of car crashes, deaths, people being run over -- I mean, everything that you can imagine -- and people pleading; it's one of the things that people have pled with our office to accomplish over many, many, many years. So, you know, there's still more work to be done, and there's a discussion item that I had that came up in the discussion of this item, which was, if we, as Commissioners, want to present a comprehensive street plan to the County that they could approve, even if it's unfunded right now, if there are future street closures that we want, future neighborhoods that we want to -- I know that Commissioner Sarnoff has also -- you know -- and I know you have tried to close certain neighborhoods. You know, the neighborhoods that we have that are closed in my district, which I think is really only one, I happen to live in it, and it was closed before I got there, you know. There is what I call "wall envy, " and I think you have that, too, "wall envy," 'cause there's been some closures in yours, as well, in Grove -- in Natoma Manors and in Bay Heights. In those neighborhoods, people walk their dogs, you know; elderly can walk; the kids can run around, and it is just a quality of life bonanza. And when other people go in there, they just feel, "Why can't we have this in our neighborhood?" And it just doesn't make sense. Chair Gort: Let me tell you the -- I went to a lot of meetings with the County, and unfortunate, they have double standards. And my understanding is our -- they have the major role of roads, but then the streets in the City of Miami, they're part of the ancillary service for theirs. Now, what happens, it's going to get worse. Commissioner Suarez: It is going to get worse. Chair Gort: Because if you look at the expressway right now with the fee that have been going up, people are not using the expressway as much as before, so now they're using their ancillary services. The problem that I have is I try to use -- don't close the street; make it one-way, certain street -- Commissioner Suarez: Yes. Chair Gort: -- so tra lc can -- but they consider that closing the street. Now, my understanding is -- I requested from CIP (Capital Improvements Program) the study where they were -- the street were closed on 22nd Avenue all the way from Bayshore to Dixie Highway, and on 17th Avenue, you do have the one-way, which I think is great. You have three streets going one way out -- Commissioner Suarez: Yeah. Chair Gort: -- so people cannot go in. Then you have two that open to the public. Commissioner Suarez: South Bayshore, yeah. Chair Gort: That creates a traffic pattern that you can deal with, 'cause our neighborhoods are being -- I mean, people on all their major roads, they use the streets of the City of Miami to go to wherever they want to. So I think what we're telling you is, let's come up with our own study and we'll push it. At the same time, I want to see their study that they did to approve those. Commissioner Suarez: Mr. Chair. City of Miami Page 47 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Yes, sir. Commissioner Suarez: And I'm going to be frank, you know. If this agreement doesn't accomplish that, because we tried -- trust me, we tried. We will -- Chair Gort: I was there to participate in that. Commissioner Suarez: Yeah. We wanted to put that also in there, because I think that is the final piece of that puzzle. Obviously, we don't have control over the arterials, which are the main high -- you know, the main streets, or traffic signaling; although I think we should, in non -arterials, have the ability to put stop signs, but that's just a personal thing. Chair Gort: Right. Commissioner Suarez: But the stop sign in non -arterials and closing off of neighborhoods, those are the last two remnants that should be negotiated on behalf of whomever has the energy to keep fighting the battle, because I feel like I've fought this battle for five years and -- Chair Gort: Well, I'll keep working on it, don't worry. Commissioner Suarez: Yeah, and I'll help you, but, I mean, I got -- I mean, you can't even imagine. It -- I have great stories about it. Chair Gort: By the way, staff has been great. Staff is going to those meeting. I've used friendly persuasion; I've used all kinds of arguments; I've used all kinds of data. It was presented to them. And then there's other cities where they done it. And then they tell you, "Well, we don't know how." So it's a big battle, but we're ready to go. Yes, sir. Commissioner Sarnoff First, Mr. Chair, I want to congratulate Commissioner Suarez; make an observation: IfI had his connections, it wouldn't have taken five years, but that's different. I don't know how many -- Chair Gort: That's below the belt. Commissioner Sarnoff -- I don't know -- it's Christmas, so we're going to have some fun up here. I don't know how many -- what your days are like, but I would say 30 percent of my day is probably spent on County issues; something that is -- really should be handled by the County. And as long as Florida Department of Transportation, as long as the County continue to call us "non -automotive units" and don't refer to us as "pedestrians," there will never be a paradigm shift for them to recognize that people that are out walking their dogs, or just simply walking on the sidewalk have some degree -- or should have some degree of confidence that the person that's trying to get from one end of the County or to get from one end of the City to the other doesn't really care for that neighborhood, and it's like "not my neighborhood, not my problem." I've been walking my neighborhood recently, and people really do take notice of and people really are trying, I think for the first time, to walk. And I think they're really trying to say, "You know what?" Commissioner Suarez: They're taking the trolley and taking mass transit. Commissioner Sarnoff Agree. So I do want to congratulate Commissioner Suarez, 'cause you moved the needle, and it's a tough needle to move. Commissioner Suarez: It was, unfortunately. I'll say you this, Mr. Chair, if you don't mind me just using one anecdote. There is a moment when -- I don't know if any of you have seen the City of Miami Page 48 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.5 14-01150 Department of Capital Improvement Programs/Transportat ion movie, "My Cousin Vinnie, " and it's a movie where Joe Pesci is a lawyer, and the Judge tells him, "The next words out of your mouth better be 'guilty' or 'not guilty,'" And he says, `I think I understand" He goes, "No, you don't. You're in contempt," and then he puts him in jail. So it was kind of like that kind of conversation. I mean, we would just talk past each other, you know, and it was unbelievable how they couldn't understand why this was so important to the City, and just amazing; amazing to me. Commissioner Sarnoff. My favorite line in that movie would be "two yutes." Commissioner Suarez: What is a "yute"? Commissioner Sarnoff. Let's -- "two yutes, " remember? Commissioner Suarez: Right. What -- Commissioner Sarnoff. "You two yutes." Commissioner Suarez: And then he says, "What is a yute? "' Yutes. Chair Gort: Okay, there's a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE CONSTRUCTION CONTRACT WITH PAC COMM, INC., FOR THE ROCKERMAN CANAL IMPROVEMENTS PROJECT, B-30680; FOR ADDITIONAL WORK CONSISTING OF ADDITIONAL DREDGING AND PLACEMENT OF RIP-RAP/CAP-ROCK MATERIAL ON THE CANAL EMBANKMENT ALONG THE SHORELINE, IN AN AMOUNT NOT TO EXCEED $155,000.00, THEREBY INCREASING THE AWARD VALUE FROM $392,040.00 TO AN AMOUNT NOT TO EXCEED $547,040.00; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30680; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 14-01150 Summary Form.pdf 14-01150 Back -Up - Original Contract.pdf 14-01150 Legislation.pdf 14-01150 Exhibit.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-14-0474 Chair Gort: RE.5. Mark Spanioli (Director, Capital Improvements & Transportation): Good morning again, City of Miami Page 49 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.6 14-01099 Department of Real Estate and Asset Management RE.7 14-01242 Office of the City Attorney Commissioners. RE.5 is a contract increase to PAC COMM. This is for the Rockerman Canal Improvement Project, in an amount not to exceed 155, 000. The additional work was due to some additional dredging shoreline embankment excavation and additional cap -rock and rip -rap that we had to install along the shoreline. Commissioner Sarnoff. We're budgeted. Commissioner Suarez: Yeah. Commissioner Sarnoff. I'll move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR OPTION TO RENEW REQUEST FOR PROPOSAL CONTRACT NO. 369316, BETWEEN THE CITY OF MIAMI ("CITY") AND WLS, L.C. D/B/A NAI MIAMI, PURSUANT TO RESOLUTION NO. 13-0453, ADOPTED NOVEMBER 21, 2013, FOR REAL ESTATE LEASING SERVICES FOR THE CITY DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-01099 Summary Form.pdf 14-01099 Activity Report.pdf 14-01099 Pre-Legislation.pdf 14-01099 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon Note for the Record: Item RE.6 was continued to the January 8, 2015 Regular City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF $1,405,133.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF SOUTHERN WASTE SYSTEMS, L.L.C. VS. CITY OF MIAMI, MIAMI-DADE CIRCUIT COURT CASE NO. 13-00619, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AND City of Miami Page 50 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RELEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 14-01242 Memo - Office of the City Attorney.pdf 14-01242 Legislation.pdf 14-01242 Exhibit-Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0475 Chair Gort: RE.8. Commissioner Suarez: RE.7? Chair Gort: Yeah. We already took care of that one. RE.9. Todd B. Hannon (City Clerk): Sorry. Chair, we do have RE.7. Chair Gort: I thought it was -- Commissioner Suarez: Settlement. Daniel 1 Alfonso (City Manager): Yes. If you recall, Commissioner, we had the session where RE -- Victoria Mendez (City Attorney): Yes, RE.7. Commissioner Suarez: So moved. Commissioner Sarnoff. Second Mr. Alfonso: It's the settlement. Commissioner Sarnoff. Second. Chair Gort: It's been moved and second. Any further discussion? Commissioner Suarez: We're going to get how much out of this settlement? Mr. Alfonso: One point four million dollars. Commissioner Suarez: Congratulations; 1.4 million in new dollars. Chair Gort: All in favor say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. Let's congratulate the auditor, too. City of Miami Page 51 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.8 14-01253 Honorable Mayor Tomas Regalado Commissioner Suarez: Yes, true. Commissioner Sarnoff. He did a nice job on this. Commissioner Suarez: Good point. Mr. Alfonso: RE.9. Chair Gort: I mean, when -- we pointed out in my office about five years ago was about $9 million. Commissioner Sarnoff. Correct, right. Chair Gort: Yeah. Commissioner Sarnoff. But it whittled its way down. Chair Gort: Yeah. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES CONGRESS TO ADOPT, AND THE PRESIDENT OF THE UNITED STATES TO SIGN INTO LAW, THE "SMITHSONIAN AMERICAN LATINO MUSEUM ACT" (H.R. 1217) AND (S. 568) TO ESTABLISH WITHIN THE SMITHSONIAN INSTITUTION THE SMITHSONIAN AMERICAN LATINO MUSEUM AND DESIGNATE THE ARTS AND INDUSTRIES BUILDING AS ITS FUTURE LOCATION ON THE NATIONAL MALL IN WASHINGTON, D.C.; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS STATED HEREIN. 14-01253 Back -Up Documents.pdf 14-01253 Legislation.pdf Motion by Commissioner Suarez, seconded by Chair Gort, 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-14-0465 Chair Gort: Okay. Commissioner Suarez: I will -- Chair Gort: Mr. Mayor -- wait a minute. Commissioner Suarez: I'm sorry. Chair Gort: -- you're recognized. Mayor Tombs Regalado: No. I -- since these are "do -good" resolutions, I have one here that is RE.8, and it's a little history behind this resolution. About three or four years ago, a group of leaders from the Latin community in the US (United States) created the Smithsonian American City of Miami Page 52 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Latino Museum. And they went to Congress, Chairman and Commissioners, and two years ago they got the U.S. Senate to approve a resolution creating in the Smithsonian the American Latino Museum. So the Smithsonian American Latino Museum Act is a bill that is before the House, House Bill 1217, and in the Senate, Bill 568. And the motion before Congress is to establish within the Smithsonian, the Smithsonian American Latino Museum, and designate the arts and industry building and its future location on the National Mall in Washington, DC (District of Colombia). What happened was that the Senate approved last year this bill, and GSA, the Federal Government said that they had this building in the National Mall ready, and a group of Latino leaders, led by Eva Longoria and Gloria Estefan, began raising money. There is the money to start the planning of this museum, but the resolution, it is stuck in the House of Representatives. So the City of New York, the City of Los Angeles, the City of Chicago, cities with Latino population have passed this resolution urging the House of Representatives to pass the bill, because it's -- the Senate already has done it, and the Senate -- and for the President to sign so they can start the process of creating eventually a Latino museum in the Smithsonian Institute. So this is the resolution before you, Mr. Chairman and Commissioners. Commissioner Sarnoff Mr. Chair, why don't you pass the gavel to me so that Suarez can be the mover, you can be the seconder? I just think you'd want the record to reflect that. Commissioner Suarez: So moved. Commissioner Sarnoff We have a motion by Commissioner Suarez -- Chair Gort: Second. Commissioner Sarnoff -- second by the Chair. Any discussion, gentlemen? Hearing none, all in favor, please say aye." The Commission (Collectively): Aye. Mayor Regalado: Well, thank you. Thank you, Marco Sarnoff. Commissioner Sarnoff There you go. "Por su puesto, alcalde." Chair Gort: Okay, we go to the -- Commissioner Suarez: Marcos. Mayor Regalado: No. You know, the -- but it's interesting and it's interesting how things works in Washington. These famous people, they all have the money and they have the building, but the bill is still stuck in the House; the Senate has approve it. And what they're doing around the country is asking the cities to support the concept. They're not asking any money from the Federal Government, nor from any local money. Chair Gort: Thank you, Mr. Mayor. Mayor Regalado: Thank you. RE.9 RESOLUTION 14-01067 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Management FIRST AMENDMENT TO CHLN REVOCABLE LICENSE AGREEMENT ("AMENDMENT"), BETWEEN THE CITY OF MIAMI AND CHLN, INC., A FOR PROFIT CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, City of Miami Page 53 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.10 14-01068 Department of Real Estate and Asset Management AMENDING THE OCCUPANCY AND TERM OF THE AGREEMENT, ELIMINATING THE EXPIRATION DATE AND MODIFYING TOA MONTH -TO -MONTH REVOCABLE LICENSE, TO BE TERMINATED BY EITHER PARTY UPON NO LESS THAN THIRTY (30) DAYS WRITTEN NOTICE, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. 14-01067 Summary Form.pdf 14-01067 Legislation.pdf 14-01067 Exhibit.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-14-0476 Chair Gort: Okeydoke, RE.9. Daniel Rotenberg (Director, Public Facilities): RE.9 is a resolution authorizing a first amendment to the Charthouse Revocable License Agreement, amending the occupancy and term. It's now going to be month to month; it's expiring at the end of this year. Commissioner Sarnoff. So move. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. 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 THE FIRST AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND GROVE KEY MARINA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING THE OCCUPANCY AND TERM OF THE REVOCABLE LICENSE ("LICENSE"), ELIMINATING THE EXPIRATION DATE AND MODIFYING TO A MONTH -TO -MONTH LICENSE, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. 14-01068 Summary Form.pdf 14-01068 Back -Up Original Contract.pdf 14-01068 Legislation.pdf 14-01068 Exhibit.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 City of Miami Page 54 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 R-14-0477 Chair Gort: RE. 10. Daniel Rotenberg: (Director, Public Facilities): RE. 10, a resolution, same; authorizing the City Manager to execute for Scotty's, a revocable license amendment [sic]; moving that also to a month -to -month. It's expiring at the end of this year, as well. Chair Gort: Okay. Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second, second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. You know, the shame of this is $760, 000 has been lost to the City as a result of various lawsuits. That's actual revenue that will never come back. Chair Gort: RE. 12 -- Commissioner Suarez: Wow. Chair Gort: You're so right. Commissioner Sarnoff Yes. Commissioner Suarez: That needs to come out. That needs to be known. Commissioner Sarnoff I'm sure it will. Commissioner Suarez: Good. Commissioner Sarnoff But it's -- I'm saying it for the record, $760, 000 has been lost to date, will never come back, will never get rectified, will never get fixed. Commissioner Suarez: That's the cost of litigating these things for no reason. Commissioner Sarnoff I happen to agree with that statement. Commissioner Suarez: Right. Commissioner Sarnoff By the way, it will get worse, because January 22 is oral arguments. Then you have to account for December's loss. Commissioner Suarez: Yeah, yeah, it's going to be more money. Commissioner Sarnoff Then Feb -- January's loss and they probably won't issue their written opinion until February. My guess is they'll move for rehearing, then they'll move for rehearing City of Miami Page 55 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 (UNINTELLIGIBLE). Commissioner Suarez: Yeah, yeah, who knows. Chair Gort: Yeah. Commissioner Sarnoff. And then they'll ask for a writ of certiorari. Commissioner Suarez: Wow. Commissioner Sarnoff. So we will be over one point -- I estimate 1.2, $1.3 million in forever -lost revenue to the City of Miami, coupled with, if you don't start the construction of the garage by June 16, 2016, you lose $100, 000 a year for 10 years -- $1 million. If you don't do it by '017, you will lose $200, 000 per year for 10 years. So then you're imperiling three million additional dollars to the City. Commissioner Suarez: Yeah. And -- Chair Gort: Okay. Commissioner Suarez: And then you have the amendment that we just passed to the Charter. If you don't start construction within four years, which, I think, had some issues which we're looking at in the Charter Review Committee, because you're not taking into account any of these things, and the people's expectation. They voted on something that they approved. They expect it to happen, you know, and they have a right to expect these things to start on a reasonable, you know, time frame. Chair Gort: Gentlemen, I appreciate it. I have to leave in about six minutes. Commissioner Sarnoff. Oh, sorry. Commissioner Suarez: Oh. Chair Gort: And I won't be able to come back till 3 o'clock, 'cause I have a meeting with the chairman of the Miami -Dade County, which I need to discuss several things, the way it should have been. Commissioner Suarez: Great guy. RE.11 RESOLUTION 14-01161 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED OCTOBER 14, 2014, PURSUANT TO INVITATION FOR BID NO. 13-14-026, FROM SFM SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DR. MARTIN LUTHER KING JR. BOULEVARD AND TRAFFIC CIRCLES MAINTENANCE CONTRACT, M-0109," FOR AN ANNUAL AMOUNT NOT TO EXCEED $318,668.00; FOR AN INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING SAID FUNDS FROM SPECIAL REVENUE ACCOUNT NO. 20-65003; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO City of Miami Page 56 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 THE AVAILABILITY OF FUNDS AND THE CONTRACTORS PERFORMANCE. 14-01161 Summary Form.pdf 14-01161 Back -Up - Best & Final Offer.pdf 14-01161 Legislation.pdf 14-01161 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon RE.12 14-01185 Department of Capital Improvement Programs/Transportat ion Note for the Record: Item RE.11 was continued to the January 8, 2015 Regular City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FROM THE 2015 SPECIAL CATEGORY HISTORIC PRESERVATION GRANT FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, IN AN AMOUNT NOT TO EXCEED $1,000,000.00, FOR THE MP511 MUNROE MARINE STADIUM PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AND ANY OTHER NECESSARY DOCUMENTS FOR THE PROCESSING OF SAID GRANT, THE EXECUTION OF THE GRANT OF DEED AGREEMENTS AND AMENDMENTS, AND THE ACCEPTANCE OF GRANT FUNDS FOR FISCAL YEAR 2014-2015. 14-01185 Summary Form.pdf 14-01185 Legislation.pdf 14-01185 Exhibit -Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0478 Chair Gort: RE.12. Mark Spanioli: RE.12. Good morning, Commissioners. Again, Mark Spanioli, director of Capital Improvements and Transportation. RE.12 is a million dollar Historic Preservation grant acceptance from the State of Florida for the Marine Stadium. Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Commissioner Suarez: I would, but you're not going to let me, so it's -- City of Miami Page 57 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 RE.13 14-01126 Department of Risk Management Chair Gort: Because later -- no, you have that item corning up later. Commissioner Suarez: I do, I do. Chair Gort: You'll get a chance to discuss it later. Commissioner Suarez: Thank you, Mr. Chair. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE FINDINGS OF THE CITY MANAGER APPROVING THE RECOMMENDATION OF THE EVALUATION COMMITTEE ("COMMITTEE"), PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 469353, FOR THE PROVISION OF EMPLOYEE BENEFIT LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT PLANS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MINNESOTA LIFE INSURANCE COMPANY, THE HIGHEST -RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS, TO PROVIDE EMPLOYEE BENEFITS FOR LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT, FOR CITY OF MIAMI PERSONNEL, FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 50001.301001.523000.0000.00000; SINCE FOUR (4) PROPOSALS WERE RECEIVED, THE COMMITTEE RECOMMENDED TO THE CITY MANAGER THAT SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST -RANKED FIRM, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST -RANKED FIRM, STANDARD INSURANCE COMPANY; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH THE SECOND HIGHEST -RANKED FIRM, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 14-01126 Summary Form.pdf 14-01126 Memo - Selection of Evaluation Comm..pdf 14-01126 Memo - Recommendation of Evaluation Comm..pdf 14-01126 Corporate Detail.pdf 14-01126 Legislation.pdf 14-01126 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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-14-0479 City of Miami Page 58 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Ann -Marie Sharpe: Good morning, Commissioners. Ann -Marie Sharpe, director of Risk Management. This is a resolution to accept the recommendation of the evaluating committee for the employment -- for RFP (Request for Proposals) regarding the employee benefit life and health and accidental death and dismemberment plan. Commissioner Suarez: So moved. Commissioner Sarnoff. Second. Chair Gort: Been moved by Commissioner Suarez. Commissioner Suarez: That word, "dismemberment," is so like -- Chair Gort: Second by Commissioner Sarnoff. Commissioner Suarez: Dismemberment. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you, ma'am. Ms. Sharpe: Thank you. Commissioner Suarez: Can we delete that word from, like, insurance -- Chair Gort: RE.14. Commissioner Suarez: -- parlance. RE.14 RESOLUTION 14-01166 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF SOLOMON NASER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $350,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING AN EXISTING CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 14-01166 Memo - Office of the City Attorney.pdf 14-01166 Memo - Budget Sign-Off.pdf 14-01166 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 59 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0480 Victoria Mendez (City Attorney): RE.14, it's a proposed settlement on the case of Solomon Naser. The attached proposal for settlement seeks authorization for settlement of all claims against the City of Miami by the above claimant, excluding a claim for future medical benefits, in the amount of $350, 000. These workers' compensation claims were brought by Solomon Naser, a former City of Miami police officer, for injuries and occupational diseases. He's actually been home collecting since 1992, and that is why we have proposed this settlement. Commissioner Sarnoff So move with -- Chair Gort: Okay, it's been moved by Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Commissioner Sarnoff I'd like to have some, but because you don't want to, we won't. Chair Gort: No, you're welcome to do so. No, no, go ahead. Commissioner Sarnoff No, no, it was one of those -- Commissioner Suarez: Oh, he gets to -- no, no, no. Commissioner Sarnoff This is a nose holder. It's a nose holder. Commissioner Suarez: No, no, no. I'm going to go to -- Chair Gort: You'll have a second chance. Commissioner Suarez: I'm breaking the quorum. I'm going to -- Chair Gort: You'll have a second chance. Commissioner Suarez: I'm just kidding. Chair Gort: Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Commissioner Suarez: I guess you didn't get that. Chair Gort: That takes care of the -- Commissioner Suarez: No, if he really wants to talk on it, go ahead and (UNINTELLIGIBLE) choices. Commissioner Sarnoff No, no, no. I was just going to say it's a nose holder. Commissioner Suarez: Oh, okay. Which one is it? Oh, yeah, yeah, you're right, you're right. Yeah. I got you. City of Miami Page 60 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Three minutes. Can we do the -- Commissioner Suarez: Boards and Committees? Chair Gort: -- boards in three minutes? Commissioner Sarnoff If he gets them done in three minutes, lunch on me for the staff. Commissioner Suarez: Wow. Commissioner Sarnoff (UNINTELLIGIBLE) by -- Commissioner Suarez: I think it can be done. Commissioner Sarnoff. Wait, wait, wait, I'm going to give you 20 seconds set. Chair Gort: Go. Todd B. Hannon (City Clerk): I'll do you one better: They're all being continued so -- Commissioner Suarez: Ah. Commissioner Sarnoff Oh. Victoria Mendez (City Attorney): I think that's lunch on Commissioner Sarnoff. Daniel J. Alfonso (City Manager): I'm part of the staff, by the way. Commissioner Suarez: The judge says "yes." Yes. Chair Gort: Okay, we will be back at 3 o'clock. Commissioner Sarnoff That's fine. Ms. Mendez: And at 3 o'clock -- Commissioner Sarnoff Can we do Omni when we come back; Omni? COMMENT MADE OFF THE RECORD Commissioner Sarnoff Well, Omni was supposed to have a meeting. Can we do the Omni meeting, Mr. Chair, right away; then go up to -- Chair Gort: Sure. Commissioner Sarnoff -- executive session? Ms. Mendez: Okay, so that's what I wanted to clarify. We be -- we come here at 3. Chair Gort: Fine. Ms. Mendez: We read the -- we do Omni, read the statement, then go up. Okay. Commissioner Sarnoff Perfect. Ms. Mendez: Thank you so much. City of Miami Page 61 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 2:00 P.M. AC.1 14-01233 END OF RESOLUTIONS ATTORNEY -CLIENT SESSION EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2013]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, AND FEDERICA BURDEN, RAYMOND CARVIL, RAYNOARD GILBERT, JULIUS NELSON, DWAYNE PRATT, AND WILLIE SMITH VS. CITY OF MIAMI, CASE NO. 98-7760-CA-27, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, KEON HARDEMON, MARC DAVID SARNOFF, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; LITIGATION DIVISION CHIEF KEVIN L. JONES; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 14-01233 Memo - Office of the City Attorney.pdf 14-01233 Notice to the Public.pdf DISCUSSED Barnaby Min (Deputy City Attorney): Mr. Chair, may I? Chair Gort: We're going to wait -- you're ready? We're ready. Mr. Min: On November 20, 2014, under the provisions of Section 286.011, Sub -Section 8 of the Florida Statutes, the City Attorney requested that this Commission meet in private to discuss pending litigation in the case of Fraternal Order of Police, Miami Lodge Number 20 and Alfredo Vega and Federica Burden, Raymond Carvil, Raynoard Gilbert, Julius Nelson, Dwayne Pratt and Willie Smith versus City of Miami, Case Number 98-7760-CA-27, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida. The City Commission approved the City Attorney's request and will now at approximately 3:20 commence a private attorney -client session under the parameters of Florida Statute Section 286.011, Sub -Section 8. The private attorney -client session will conclude at approximately 4: 20 p.m.; at City of Miami Page 62 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 BC.1 14-01130 which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which include Chairman Wifredo "Willie" Gort, Commissioners Keon Hardemon, Marc David Sarnoff, Frank Carollo and Francis Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Litigation Division Chief Kevin Jones and Assistant City Attorney, Kerri McNulty. A certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. Thank you. Chair Gort: Thankyou. We should be back, hopefully, within less than an hour, and we go right into the Planning & Zoning, 'cause I know a lot of people are here waiting for Planning & Zoning. COMMENTS MADE IN THE SPANISH LANGUAGE Chair Gort: Thankyou. Later... Chair Gort: Okay, Mr. Manager. Daniel J. Alfonso (City Manager): Yes, sir. Chair Gort: Discussion item. Victoria Mendez (City Attorney): Chairman. Chair Gort: Strategy Plan. Yes, ma'am. Ms. Mendez: Chairman, just to say that we're back from our executive -- shade meeting session Chair Gort: Okay, right. Ms. Mendez: -- and we're back on the record at the regularly scheduled meeting. Thank you. END OF ATTORNEY -CLIENT SESSION BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chair Wifredo (Willy) Gort 14-01130Arts CCMemo.pdf 14-01130 Arts Current_Board_Members.pdf City of Miami Page 63 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 NO ACTION TAKEN BC.2 RESOLUTION 14-00964 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.3 14-00966 Office of the City Clerk APPOINTEES: 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00966 Bayfront CCMemo.pdf 14-00966 Bayfront Current_Board_Members.pdf NO ACTION TAKEN BC.4 RESOLUTION 14-01243 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large City of Miami Page 64 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 BC.5 14-00967 14-01243 Civil Service CCMemo.pdf 14-01243 Civil Service Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. BC.6 14-00304 APPOINTEES: 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Chief of Police Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.7 14-01131 Office of the City Clerk APPOINTEES: (Alternate Member) (Alternate Member) 14-00304 CEB CCMemo.pdf 14-00304 CEB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY City of Miami Page 65 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 BC.8 14-00393 RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-01131 CRB CCMemo.pdf 14-01131 CRB Current_Board_Members.pdf 14-01131 CRB Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. BC.9 14-00976 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00393 CSW CCMemo.pdf 14-00393 CSW Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City Manager Daniel J. Alfonso City of Miami Page 66 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 (Ex-Officio Non Voting Member) City Manager Daniel J. Alfonso (Ex-Officio Non Voting Youth Member) 14-00976 EAB CCMemo.pdf 14-00976 EAB Current_Board_Members.pdf 14-00976 EAB Resume.pdf NO ACTION TAKEN BC.10 RESOLUTION 14-01133 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. BC.11 14-00979 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez AFSCME 1907 IAFF FOP 14-01133 EOAB CCMemo.pdf 14-01133 EOAB Current_Board_Members.pdf 14-01133 EOAB Memo and Resume.pdf NO ACTION TAKEN RESOLUTION City of Miami Page 67 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez 14-00979 Finance CCMemo.pdf 14-00979 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 14-01136 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-01136 MIC CCMemo.pdf 14-01136 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.13 RESOLUTION 14-00396 NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Commissioner Frank Carollo Commission -At -Large Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo City of Miami Page 68 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commissioner Frank Carollo 14-00396 MSEACCMemo.pdf 14-00396 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.14 RESOLUTION 14-01244 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City Manager Daniel J. Alfonso 14-01244 PRAB CCMemo.pdf 14-01244 PRAB Current_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 14-00982 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon 14-00982 PZAB CCMemo.pdf 14-00982 PZAB Current_Board_Members.pdf 14-00982 PZAB Applications.pdf NO ACTION TAKEN BC.16 RESOLUTION 14-00313 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort City of Miami Page 69 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 BC.17 14-00867 Office of the City Clerk BC.18 14-01137 Office of the City Clerk Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00313 UDRB CCMemo.pdf 14-00313 UDRB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00867 VKBPT CCMemo.pdf 14-00867 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo City of Miami Page 70 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 BU.1 14-01145 Office of Management and Budget 14-01137 WAB CCMemo.pdf 14-01137 WAB Current_Board_Members.pdf NO ACTION TAKEN END OF BOARDS AND COMMITTEES BUDGET BUDGET DISCUSSION ITEM STATUS (SEC.18-542(B) CITY CODE) I. 2014-2015 BUDGET II. PROPOSED 2015-2016 BUDGET 14-01145 Summary Form.pdf DISCUSSED Daniel 1 Alfonso (City Manager): All right. Commissioner, can we have the budget update? I got the Budget director right here. Chair Gort: Sure. Mr. Alfonso: Chris. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. We're two months into the fiscal year, so it's a little early still to be projecting yearend numbers. The books closed two days ago. There are no major financial anomalies to report to you, but there are a few marginal ones that I'd like to bring to your attention. As the Chief mentioned a few moments ago, there may be some overtime implications with the protests that have been happening as of late and may continue to happen. There is also a repayment to the Federal Housing Urban Development that we are working on right now that we will probably begin making in the near future, and there is a funding change with Lindsey Hopkins and the workforce that may impact the budget as well. Again, too early; we're watching these things, but they are coming about, coming on our radar as we speak. Yes, sir. Chair Gort: The Workforce change? Mr. Alfonso: Yeah. Commissioner, the new contracts for Workforce, the folks that we have over in the Lindsey Hopkins, they -- the Workforce changed the contract from a reimbursement contract to a performance contract. So now, instead of paying you reimbursement rate, they pay based on your placements, and they have different rates for the placements. So we're working with the folks and making the placements and making sure that the revenue that comes in for the placements equals the expenses, but in the first couple of months, there's been some months where they've missed the target so -- Chair Gort: Okay, there might be some reimbursement. Mr. Alfonso: Right. Chair Gort: Okay. Mr. Alfonso: Okay. Mr. Rose: Yes, sir. And then a few last details. Our revenues are $41 million higher than last City of Miami Page 71 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 DI.1 14-01030 City Commission November so far this year and expenses are $5 million higher than they were last November at this time. And we're preparing for next year's budget. We've already begun the process. Chair Gort: Okeydoke. Mr. Rose: Thank you. Chair Gort: Sounds good. Any questions? Thank you, sir. Mr. Rose: Thank you, Commissioners. Mr. Alfonso: Okay. END OF BUDGET DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-01030 Memo - Hiring & Staffing Update.pdf 14-01030-Submittal-City Manager -Police Department Hiring and Staff Update.pdf DISCUSSED Chair Gort: Mr. Manager, we're going to hear some of the discussion items. Daniel J. Alfonso (City Manager): Okay. Let's start with the hiring of police officers. Chair Gort: Yes. Manuel Orosa: Good morning, Commissioners. Manny Orosa, Chief of Police. We're in the same stages as we were last time. We're finishing up the list. We still have 21 applicants in the process, and we have 5 that we're awaiting the medical decision. As soon as we get that medical decision, then we'll probably hire all five, unless there's an issue with them. But we're still going through the process. And by the beginning of year, we're going to have another list available so we can continue the hiring process. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff Sorry, Chief. Is there any change -- and I'm -- I get this wrong. I don't intentionally do it. Is there any change that you believe we would be fully staffed by the end of the summer? That -- have I got that right? Chief Orosa: When you say fully staffed,'ilo you mean -- Commissioner Sarnoff End of August. Chief Orosa: -- fully staffed as of a few months ago's budget where we were, I want to say, like 30-something officers off or with the 80 that we added? Commissioner Sarnoff No. Yes. Twelve hundred and -- the number used to be 1,144. It was that year -- for many, many years. City of Miami Page 72 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chief Orosa: Correct. Commissioner Sarnoff But we -- Chief Orosa: And then 1,179 at -- we were -- we will be fully staffed at 1,179 within the next few months. However, the 1,249 by the end of summer is going to be stretching it. Commissioner Sarnoff So what is it not a stretch? In other words, is it September or October or November? Chief Orosa: Probably by October. October you'll be fully staffed. Commissioner Sarnoff So we should be holding the next Chief of Police -- because you're obviously retiring -- to an October date of 1,259 officers? Chief Orosa: If everything is maintained the way it is right now, yes, sir. Mr. Alfonso: Okay, Commissioner, from the City Manager's point of view, we will probably never be 100 percent staffed; somebody's going to leave, somebody's going to retire when it was not expected. But for all practical purposes, if you have -- Chair Gort: Look, I don't want to interrupt you, but I think we understand that was in the past, but I think what the Commissioner's asking is do we have -- we're going to have a plan where we have 100 percent at all time? Mr. Alfonso: Yeah. Chair Gort: In other words -- Mr. Alfonso: Absolutely. We -- Chair Gort: -- basically, we're going to reserve -- or some plan you guys can put together. If anybody leaves, you can replace them right away. Chief Orosa: Right. And, Commissioner, the plan is that we will always be -- if it gets to any point in the system where we have to wait for openings, we will over -hire in order to -- when people leave, you know, be at a position where we're not missing anything. So as it stands right now, we will -- for the next three years, we're going to be hiring everything that comes our way, as long as they pass the background, et cetera, et cetera. So there is no issues with the hiring process, other than doing it as fast as we can, and I think -- I believe we're doing it now as fast as we've ever been able to hire people. Commissioner Sarnoff So is it fair to say that DO -- any impediment previously experienced by the City with regard to DOJ (Department of Justice) is no longer an impediment? Chief Orosa: I would say that we're in sync with DOJ, and there is no impediment with DOJ moving forward Commissioner Sarnoff So then Commissioner Gort said something a moment ago. Let's just say you hit 1,259 in October, but because 6 unanticipated things happened -- maybe some bad actors, maybe somebody deciding to retire early -- could you then do six lateral hires? 'Cause that's an immediate hire? Chief Orosa: We will hire from the list. City of Miami Page 73 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commissioner Sarnoff That's a great answer to -- that's an obscure answer to a direct question. Chief Orosa: Commissioner -- Commissioner Sarnoff I do understand what you're saying. Chief Orosa: Yeah, yeah, but just to probably make you at ease, we will reach our maximum hiring, and if we need to continue, we will. We -- if we -- for example, if we reach a hundred percent staffing and we know that within the next couple of months we have eight people leaving, we will create dummy positions and we will hire those people in anticipation for the eight that are leaving. Commissioner Sarnoff But there are unanticipated situations. Chief Orosa: Correct. Commissioner Sarnoff And I think it's kind of the will -- and candidly, you're over budget because of overtime, something that is somewhat unforeseeable, yet, to a CPA (Certified Public Accountant) or maybe even a lawyer, somewhat foreseeable. So if you were to go at strength or over strength, would you still be -- would you still have that over budget, overtime component? Chief Orosa: That's a difficult answer [sic]. Give you a -- the reason why. We were chugging along nicely, and then all of a sudden, for issues that occur outside our areas, such as Ferguson in New York, now we have overtime issues because demonstrators decided to pick Miami as one of the demonstrations sites. And even though we changed time off and days off and try to do as much as we can with on -duty resources, there's going to come a point that we need overtime. Give you another example. Tomorrow, there is a demonstration at 5 o'clock at the Torch of Friendship. We will need to expend overtime because we have more than 300 officers taking the sergeant's exam, so how do we accommodate the demonstrators, the public safety, and our employees taking an exam? We're going to have to delve into the overtime issue. So at any given point, you know, your budget can go askew because of things that occur outside of your control. Commissioner Sarnoff Agreed. And the overtime that I'm concerned with would be what you call "minimum staff ng. " If you fall below minimum staffing in Commissioner Gort's area, Commissioner Sarnoffs area, Commissioner Carollo's area, any one of us, that you ask somebody to stay on. Chief Orosa: Correct. Commissioner Sarnoff And that person staying on provides a time and a half -- well, likely a time -and -a -half scenario, which is overtime. If you were -- if you had additional staffing, would you still ask that same person to stay on or could you recruit somebody who would not require overtime? Chief Orosa: That would be a situation in which when it occurs, since you have more off cers, the minimum staffing remains the same, you're going to have more officers. So even if people call in sick, by mere fact of having more officers, those 80 new extra officers, you really don't have to delve into the overtime issue that much. Commissioner Sarnoff Right. And that's the overtime I'm speaking of. Chief Orosa: Correct. Commissioner Sarnoff Because -- City of Miami Page 74 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chief Orosa: Which is about a million dollars a year. Commissioner Sarnoff Right. Chief Orosa: Okay. Commissioner Sarnoff And so my point is that -- Chair Gort: I know what (UNINTELLIGIBLE) you're going. Commissioner Sarnoff Right. If you overstaff, you could have an overtime component savings; not in all circumstances. You're absolutely right, Chief. Something goes crazy or somebody says, you know -- somebody yells -- Chair Gort: Emergency. Commissioner Sarnoff -- Bomb in a movie theater,'1 mean, you're going to staff it. You're -- you know, it's a euphemism, but you're going to staff it, and that's not something in your control. But there are some things in your control. There are some things that if you are overstaffed, recruitment could come from an officer that doesn't require overtime. Chief Orosa: Correct. And give you a hypothetical. If in Allapattah you have 12 officers working and in the Grove, you have about 8 working, and 3 of their people call in sick, we don't have to keep people on overtime; we can pull some from Allapattah to cover your shortages. But what I foresee is that every area will gain officers and, therefore, if minimum staffing -- people would call in sick, the minimum staffing would be reached in less frequency that we're reaching it today. Commissioner Sarnoff But that brings a different issue up, which is maybe Commissioner Gort, maybe Commissioner Sarnoff maybe Commissioner Carollo, Suarez and Hardemon would like to see minimum staffing raised, 'cause they'd like to see that the officers that they are approving budgetarily [sic], they'd like to see the minimum staffing requirements fill up. Chief Orosa: Then that overtime component will remain the same. Commissioner Sarnoff Correct. Correct. Chair Gort: Mr. Manager, you're recognized. Mr. Alfonso: Yes, Commissioners. This is an interesting discussion, by the way, so let me offer my philosophy. If we overstaff -- so let's say now I have 10 positions minimum, but I overstaff and I hire an 11 th in case that one of the 10 is out, I don't have to bring in somebody on overtime. But then how often will that person be covering for somebody on overtime? I'm paying this person 40 hours a week that I didn't have budgeted, hoping that I'll get at least 30 or 28 of regular people call out so that I offset the cost. But for those times when I don't have people call out, then I'm paying him to stay on staff and I'm not making up the difference, so it's a -- Commissioner Sarnoff And just so -- Mr. Alfonso: -- risk. Commissioner Sarnoff -- you know, Mr. Manager, 'cause I looked into this, the City of Dallas keeps what's called a "reserve pool," and they recruit from the reserve pool. That reserve pool, City of Miami Page 75 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 they've done a statistical analysis where they can demonstrate the reserve pool has -- is offset in terms of what you call `full-time staff" or that I'm overstaffed, by the amount you would save, your savings, from your overtime budget. So I would look hard at how they do it. It's a bigger police department than ours, candidly, but -- and by the way, it's not just Dallas that does that. I believe Houston does it. Mr. Alfonso: When I was in Miami -Dade County in the Transit Department, the bus operators seemed to have high level of absenteeism, especially certain days of the week, like payday, so it was quite normal for the Transit Department to schedule what's called "20 percent of staffing above" -- because the bus has to run. The route has to run. If the driver calls out, you still have to send the bus out. So they had an analysis of what's the standard rate, and then they staffed with those people on full-time and they would be on standby and people would call out. So, yes, that's something we can look at. Commissioner Sarnoff And all I'm asking is that that type of analysis go on, because it could very well be us -- let's say it's October 30 next year of -- yeah, 2015, you're at 1,265 officers. Well, you would be complaining to us, Commissioners, I am seven" -- or "six officers overstaffed. But then I would say, "Danny, have you done the statistical analysis?" But you could say, "but Commissioner" -- Mr. Alfonso: Right. I'm sure that there is some number that we can overstaff; like airplanes, they oversell the seats because they know that some people are not going tally But we then have to make sure that we work with our labor group to have the flexibility to move those people to wherever they need to go, so there may be a classification of an officer that -- Chair Gort: Let me -- Mr. Alfonso: -- is a flex assignment. Chair Gort: -- ask a question. What is the numbers of reserve officers that we have? Chief Orosa: I believe we have in the area of about 40-something reserve officers. Chair Gort: Okay. My understanding is, we've asked every director -- we go into the Charter Review Committee -- there's going through -- any recommendation -- any impediment that you have because of the Charter, the way it used to be 10 years ago, can be changed please let us know, 'cause we got to look at -- what we're doing is looking into the future, how we can improve what we're doing right now, 'cause right now I get a lot of "No, we used to. We used to." No, this is something different; we're going forward Thank you, Chief. Anything else? Commissioner Sarnoff No. Go ahead. Chief Orosa: Go ahead, sir. Commissioner Sarnoff The only thing I would say to the Manager is, you know, I obviously, I think along with Commissioner Gort -- I think everybody voted for the new police contract. But if there is a component of that contract that needed -- or needs to be brought to my attention to give you the flexibility of what you need to do, I'm all for it. Chair Gort: Yes. Commissioner Sarnoff But it needs to be pointed out to me. I'm not the expert you are with regard to, you know, nuances of -- well, I'm not. I'm just not. I mean, I -- Mr. Alfonso: I'm just -- City of Miami Page 76 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commissioner Sarnoff -- candidly have to admit that. You see it in terms of being the Manager. I see it in terms of a budget and provider. I don't know what Section 32 Subsection 5, you know, letter "D" means with regard to minimum staffing. I don't know the implications. Mr. Alfonso: Right. No, that -- I understand. By the way, neither do I. Chair Gort: It's a lot of indication. The Chief has -- not as much control. Mr. Alfonso: But it's certainly something that we will look at. And since we only have a one-year contract -- I mean, we'll be discussing this again in a couple of months. Commissioner Sarnoff Okay. Mr. Alfonso: So that's something, certainly, that I think we can put on the table to have some officer positions that would be added that would be a flexible assignment, that they know -- they would understand that their -- will be shifted to wherever the need is. So, you know, that's something we'll definitely bring forth. Chief Orosa: One of the things I want to leave you with is that minimum staffing is not necessarily some arbitrary number that I would like to have more officers that I'll raise minimum staffing. It's based on the amount of work, vis-a-vis, calls for service, and safety concerns. You want to have the minimum amount of officers that can provide safety to each other and be able to perform the job in a timely manner. So that's how we arrive at minimum staffing. Commissioner Sarnoff And my only retort to that is I think there's every intention on this dais, I think, that we want to bring down crime. Chief Orosa: Correct. Commissioner Sarnoff So we want to create a paradigm shift. What might have been acceptable in 2013, we're going to say is unacceptable in 2015. Chief we want to see a 30 percent reduction in crime. You're going to go, There's no way I can do that. "But we'd like to find that way. If it means minimum staffing goes up 20 percent, then -- you know, then you come to us as budget and appropriators and we budget and appropriate for that. Chief Orosa: I think, Commissioner, with the amount of officers we've had for many, many years, we've done a good job lowering crime. Last three years have -- it's gone down from six to five and this year we're at the four range to end this year. So with the extra 80 officers, it's a no-brainer that it will continue to go down. Chair Gort: Thank you, Chief. Chief Orosa: Thank you. Commissioner Sarnoff Thanks, Chief. DI.2 DISCUSSION ITEM 14-01142 City Manager's Office DISCUSSION ITEM ON THE FINAL STRATEGIC PLAN 14-01142 Summary Form.pdf 14-01142 Strategic Plan.pdf 14-01142 Strategic Plan Appendix.pdf 14-01142-Submittal-Presentation-Strategic Plan Fiscal Year 2015-2017.pdf City of Miami Page 77 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 DISCUSSED Chair Gort: Mr. Manager, you're on; final strategic plan. Daniel J. Alfonso (City Manager): Good afternoon, Commissioner, Mr. Chairman. The strategic plan. We're going to have Jelani Newton come right up and talk to us about the strategic plan that the City Commission graciously approved for us. Jelani Newton: All right. Mr. Alfonso: Mr. Jelani. Mr. Newton: Good afternoon, Mr. Chair, Commissioners. My name is Jelani Newton, Strategic Planning & Performance manager for the City of Miami. I'm going to make a brief presentation on the final strategic plan. The final plan was released on Monday. It was delivered in hard -copy form to your offices on Tuesday. The release of the final plan marks the end of a 15-month development process, so we're very happy to have achieved this milestone. As you may recall from our presentation in July, the planning process involved partnership from across organization and across the community. We got input as we developed the plan from every City department, as well as various -- about 30 -- over 35 external organizations in the community. We also incorporated input that we received through the citizen survey, as well as feedback we got from each of your offices individually. Again, what we were looking for was a plan that really represented the will of the Commission, the will of the organization and the will of the community. So we're happy to have this plan done right now. As we move past the development stage and into the implementation stage, we hope that this plan will serve as: One, a tool for improving transparency and communication; two, a guide as we look to allocate resources to meet our priorities; and three, a baseline for measuring our performance on an ongoing basis. There hadn't been too many substantial changes since the draft plan was presented in July. Most of the objectives are the same, but for the benefit of anyone who may not have seen that presentation or have been familiar with the plan, I wanted to quickly just go over what's in the plan. The first thing the plan articulates is the City's mission, vision and core values. As stated in the plan, the City's mission is to effectively serve the community and continuously enhance quality of life. The City's leadership vision for Miami is that Miami is a world -class city with a commitment to public engagement and service delivery; a diverse and vibrant community with a high quality of life and a global destination for business, culture and leisure. The core values are really the guiding principles that kind of underscore the planning process and we hope will continue to underscore the implementation process, and those were integrity, accountability, commitment and teamwork. As we went through the planning process, the strategy teams identified six priority areas that we felt were fundamental to achieving the City's vision. These six areas were public safety, clean and beautiful neighborhoods, growth and development, education and economic access, culture and recreation, and efficient and effective government. In each of these six areas, the strategy teams identified the City's highest priorities for the next three years. All in all, the groups came up with about 40 strategies. The plan really focuses on the strategy -- oh, sorry -- objectives that were considered to be the highest priority of those 40, and those are represented here. This is an excerpt from the actual plan. It's the summary of the high priority objectives. And as you see, in the area of public safety, the priorities that rose to the top included providing first-class services; fostering a sense of safety in Miami's communities and achieving lower crime rates. In clean and beautiful neighborhoods, the highest priority objectives included promoting livability and sustainability, maintaining our streets and public spaces, promoting environmental sustainability, and invigorating economically challenged areas. In the area of growth and development, transportation and mobility really rose to the top. Developing the economy and improving the infrastructure were also high priorities. In education and economic access, the strategy teams focused most on developing a strong labor market and a quality workforce, increasing access to affordable housing, and supporting our residents in achieving educational success. In the area of culture and recreation, the highest priorities were developing and maintaining arts and culture assets, increasing access to and City of Miami Page 78 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 awareness of programs and events, and leveraging alternative funding sources to enhance service delivery. And finally, in the area of efficient and effective government, the strategy focused on promoting effective service delivery and high -quality customer service, improving efficiency, creating a positive work environment for our employees, improving the City's credit scores and financial sustainability, and improving community access to City services. The final plan is available right now on the City's website. We've developed an online strategy and performance portal, and the purpose of the portal is really to, one, increase access to the plan; and two, again, to promote communication and transparency. On this portal you'll be able to find the strategic plan, the citizen survey, and departmental performance reports. And I can just really quickly show the web portal right here. There's a link from the City's home page that goes right to this portal here. You can click through, find the mission, vision, core values, PDS (parallel data structure) for each of the priority areas, and you can download the full plan PDF (parallel data form) right here; same is true for the citizen survey and the full technical appendix with all of the survey questions, all of the scores that were received. And again, in the transparency area, we have links for each of the departmental performance reports. These will be updated on a regular basis, so in 2015, we're going to be tracking performance on a quarterly basis, so each quarter, we'll update the reports with new metrics. We're also going to continue to build a site out as we have new surveys, updates to the plan and other information to add. Chair Gort: Let me ask a question. My understanding is you have a strategy to comply with these goals that you want to do, and you're going to do monthly reports with the goals that are according to the strategy that you have established? Mr. Alfonso: Right. So, Commissioner, the key to making sure that the strategic plan is implemented is follow-up. So what we're doing, as Jelani said, there are quarterly reports that have to be updated. The senior management is meeting now on a quarterly basis. We try to go offsite and we talk about the metrics there. We just started and we told everybody that each meeting there will be a couple of departments that will be highlighted and they will have to talk about their metrics and what they're doing; how we're implementing the priorities and things like that. So this is part of the strategic process of building the habit of following up on the metrics that we have and holding folks accountable for meeting goals. Chair Gort: I think it'd be very important; especially, you're going to set up some kind of competition among departments and -- because of the performance, they're going to be showing up, so that's going to be very important. Mr. Alfonso: Okay. Mr. Newton: Yeah, which is a perfect segue to the next slide, where we go from here; the next steps. As the Manager stated we've already started the implementation process. All the directors were convened a few weeks ago to begin discussing implementation strategies, specific initiatives and performance measures. And again, as the Manager stated, we'll be meeting on a quarterly basis to get plan updates and discuss performance. Also, in 2015, we'll be working with the same firm to provide a follow-up citizen survey, so we can compare our survey results for 2015 to the results that we saw in 2014; again, to measure the progress that we're making in achieving our broader goals. And by the summer of next year, we'll be ready to convene our strategy teams again, both the internal groups and our external stakeholders, to discuss whether there are any changes or updates that need to be made to the plan. Mr. Alfonso: Another thing that we've told departments, Commissioners, as departments work through this budget process for '15/16, requests for budgets will somehow have to be tied to performance measures and part of the strategic plan. Chair Gort: Very good City of Miami Page 79 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Mr. Alfonso: So -- Chair Gort: I think we need that. Mr. Newton: Okay, so that concludes the presentation. I want to thank all of you, Commissioners, for the leadership and for your support throughout this process, and we look forward to a productive first year of implementation. Chair Gort: I'd like to thank you and the Administration, 'cause I think that's a great idea to keep up with the performance by the different departments and to make sure they comply with the -- what they're supposed to be doing. Mr. Alfonso: Thank you. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff Mr. Alfonso, I've been here almost nine years; first time I've ever seen this done. Commissioner Suarez: Yes. Commissioner Sarnoff Actually looking forward -- a little concerned. I saw your police crimes going up but -- Mr. Alfonso: Well, the overall statistics were actually down; murders were up. Commissioner Sarnoff No, no, no. I was looking at police response times. Mr. Alfonso: Oh, that, yeah, yeah. Commissioner Sarnoff Oh, that. You have a great knack when you don't like something, "oh, that." Mr. Alfonso: Well -- Commissioner Sarnoff Not nagging -- Mr. Alfonso: -- but you know what? But we disclosed what it is. Commissioner Sarnoff No -- yeah, andl give you credit, because you're addressing it. You're showing '13 was better than '14; but you anticipate '15 getting better than '14; and then you bring us back in '16 to the actual '13 experience. But it only goes to show, Mr. Chair, on a very slice of one issue, how I think if we didn't address it the way we did, it could have gotten out of hand. Chair Gort: Yes. Mr. Alfonso: Well, and part of the process actually showed that public safety rose to the top as the highest priority. So if you look -- as you have stated before, where you put your money is where your policy is. Commissioner Sarnoff Here's the expression: "I know what you'll tell me is important to you, but I'll tell you what's important to you when I look at your budget." Mr. Alfonso: Got it. So we've -- City of Miami Page 80 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 DI.3 14-01152 Office of Management and Budget Chair Gort: Thank you, sir. Mr. Alfonso: -- gone in that direction. Chair Gort: Thank you. Mr. Newton: Thank you. Mr. Alfonso: Thank you, Mr. Newton. DISCUSSION ITEM DISCUSS THE CITY OF MIAMI'S REVENUE MANUAL. 14-01152 Summary Form.pdf DISCUSSED Daniel J. Alfonso (City Manager): I think we -- I want to talk about -- Chris is going to bring up the issue of the revenue manual. I don't know if you've had a chance to look at it. We dropped it off by your office along with the budget books, actually, and I think it's a very useful tool for our elected officials -- Chair Gort: Yes, sir. Mr. Alfonso: -- and for everybody, really, but for folks to understand what is the -- our revenue. So go ahead, Chris. Christopher Rose (Director): Sure. Good afternoon, Commissioners. Chris Rose, Office of Management & Budget. As the Manager said, we dropped off the adopted budgets and along with those, the revenue manual about two weeks ago, with each of your offices. The revenue manual, after a few years of hiatus, we've developed it using the new Hyperion budgeting system, and it contains a pedigree of every revenue source in the City of Miami; that includes the name, the legal authority, the purpose, the fund, any fees and any exemptions that are in the Code or State Statute associated with each of these revenues. So right now, you have hard copies. It is online for anyone in the world to see, and I do want to thank the hard work that went into it from the departments, from some of my staff and in particular, Dan Newhoff headed this effort up in my department and really did a good job with it. So I'll take any questions you may have on the revenue manual, Commissioner. Commissioner Sarnoff Page 32, Sub -Section 3, line 4. Mr. Rose: The third word is "the." Commissioner Sarnoff Thank you. Mr. Rose: Yes, sir. Chair Gort: Okay, thank you. Mr. Alfonso: Yeah. I mean, I hope people don't discard -- I mean, this is an important book. If you really realize what it has, the information in it is powerful, 'cause you know, when we talk about here, "Well, what's going on, impact fees?" Well, this is what you can do with impact fees and what you can't do based on our Code and the Statute, et cetera. City of Miami Page 81 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commissioner Sarnoff I'm kind of jealous, because, you know, this is coming at the tail end of my career. If I had that in the beginning of my career -- Where were you? Mr. Alfonso: Well -- Commissioner Sarnoff. I think you were at the County. But -- Mr. Alfonso: That is correct. DI.4 DISCUSSION ITEM 14-00831 Department of Police DISCUSSION REGARDING OPERATION "SAFE CLUB". 14-00831 Summary Form.pdf 14-00831-Video-Commander Lazaro Ferro -Operation Safe Club.pdf 14-00831-Submittal- Commander Lazaro Ferro -Presentation Operation Safe Club.pdf DISCUSSED Chair Gort: What do we have next in discussion? Daniel J. Alfonso (City Manager): We have a lot more discussion items. We can keep going, if you wish, sir? Chair Gort: Could we get the officer that was here last time and -- commanders here on the --? Mr. Alfonso: Yes. Commander Ferro has sat through a couple of Commission meetings that we've deferred, so let's go ahead and have the Operation Safe Club discussion. Chair Gort: IT (Information Technology), where are you? Lazaro Ferro (NET Commander): See if I can manage without them. Okay, I think we're ready now. First of all, thank you for this opportunity to bring forth a lot of the effort from all the entities of government. My name is Lazaro Ferro and I'm the commander for downtown. So once again, thank you for this opportunity. I'm here on behalf of our chief and my staff to give you an illustration of the effort that all the entities of government are putting forth regarding Operation Safe Club and what Operation Safe Club is. Let me give you our operational mission, which is the establishment of a unified structure of government services to seek, inspect and correct licenses and safety violations for all establishments operating with a liquor license. Again, I want to emphasize -- and I'll do this at the beginning and at the end -- this is -- operation is not to close down any business in the City of Miami; it's to regulate them and to ensure that they're complying with their license and their Certificate of Use. To give you a little history: Back in 2007, the downtown community mostly was impacted with crime, and at the time, the commander of that NET (Neighborhood Enhancement Team) area and the neighborhood resources officers compiled and research information as to why these crimes were happening and how we can better service the community and control these crimes. So we looked at the Entertainment District, the demographics of it. Along 11th Street, we have a lot of clubs that operate 24 hours, and also along 14th Street, other clubs that operate until 5 a.m. In any given night in this Entertainment District, we can have anywhere over 8,000 patrons visiting and enjoying and having a good time in the City of Miami. This is where the geographical location for those districts is, along 14th Street and 11 th Street, as I mentioned. And these were some of the public safety issues that we were confronted with as we compiled the research. We noticed that there was an increase in assaults, disturbances, underage drinking, overcrowding in certain clubs, code violations, licensing violations. We had -- as a result of those violent crimes, we also had some homicides, drugs, and sexual assaults. So as a department, we started meeting with City of Miami Page 82 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 the other resources and we said, "How is it and what stakeholders do we have in government that can directly impact how we function and can directly impact the services that we provide?" So in doing so, we compiled a list of internal and external resources. Internal: us, the Police Department, the Fire Department, Code Enforcement, Zoning, the Finance Department. And then we reached out also for external resources: the Alcohol Beverage and Tobacco Agency over the State; the Department of Revenue to deal with some of the frauds that we had happening at some of these establishments, and other Federal agencies, depending on what crime we identified and lead us to. So to provide you a picture of how we operate, for example, the Police enforcement directives that we oversee when we go out there to some of these establishments is the business tax receipt, their sale or consumption of alcohol and distribution, specifically also to minors. When there's no business tax receipts on some of these -- for example, pool tables, ATMs (automatic teller machines), or entertainment equipment that is sometimes placed in these establishments; to curtail the noise complaints that we sometimes get from the community and our residents and also to regulate the hours of operation. Some of these establishments operate until 3 a.m. and some until 5 a.m. Also, we curtail and address narcotics and prostitution that may arise from some of their activities. Then our Code Enforcement partners, they look at the failure to display the business tax receipt; their Certificate of Use when they don't have one, or they fail to have the proper documentation, and whether they're selling the proper -- they have the proper license, a 2COP (Consumption on Premises) or 4COP where they're serving wine or beer. Then the Fire Department, which is one of our most integral components of the task force, also regulates the fire rating; for example, the drapes or decor that some of these establishments have, the fire extinguishers; some of these exit doors. Sometimes they -- we find them to be obstructed or locked at times; exit signs may not be working in case of a fire. The fire alarm, sometimes we test them; they don't work. Other establishments -- they're supposed to have a kitchen; they don't; and the exposure of extension cords or electrical equipment that can lead to a fire, so that's where they come in and inspect with us. The ABT, Alcohol Beverage and Tobacco enforcement, they look at the liquor license violation. There's specific regulations, administratively, that they also oversee that they can directly impact their license and revoke, at times, their licenses. So they work in conjunction with us and they also -- as a law enforcement agency, they help us to engage in any other criminal activity. Greatest -- the greatest safety concern that we have for the community is -- right now that is evolving is the pop-up nightclubs. There is a trend now where a lot of establishments, and specifically the area of Wynwood only because they have a lot of art galleries, they have a lot of warehouses -- and what happens is promoters, they seek these venues. They'll go in; they'll rent the establishment with the intent of having a private party. Unbeknown to the owner, they go on and in the Internet, they publish that they're going to bring in a specific entertainer and they sell the tickets. Sometimes in that ticket on the Internet, it also includes liquor. And what happens is you have minors and overcrowdment [sic] in a particular venue that is not designed to be a nightclub, and I have some pictures that I'll show you in a brief moment. Again, this is a slide covering, more or less, what I just told you about how they operate and in the areas they operate. This is some pictures of an operation that we did back in September 1 of 2012. As you can see here in some of these pictures, the liquor is being brought in in cases, overcrowdment [sic]; there's a -- sometimes store in just a bucket with ice, and that's the beer, and they hand it out. Like you see here, here's a beer not being properly stored; being just pretty much given to anybody that walks up. No regulations. They even have some cash registers set up on top of a table and selling tickets for the entrance. As you can see, that's one of our Code Enforcement officers that was assisting us that night and took proper action to address this. Here's a picture of a fire alarm at this particular venue where it was inoperative. There was nothing -- if there was a true emergency in that establishment, people could have gotten hurt. This is a particular establishment that, in recent weeks, received a lot of coverage in the media; 6410 Northwest 7th Avenue, the Spot. In this particular establishment, that's we -- there were 15 folks that were victimized from a shooting that took place. And when we conducted not only our administrative investigation and we did an inspection in that particular establishment, we noticed that this is what was happening behind those doors. The establishment was licensed as a restaurant, not a nightclub or a bar, so they only have a 2COP, and look at the stuff that they were selling to minors. Also, look at some of City of Miami Page 83 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 the electrical equipment and how it was being installed and how this could have another impact on those patrons that are attending the venue. Clearly, I mean, I don't think we all need to be firemen to see the Code violations here or the hazards. This is some of the equipment that they had in this particular establishment that did not have a business tax receipt and it's required, so additional violations and potential loss of revenue for our community. And statistically, this is -- since -- and I'm only giving you statistics from March 2014 to September 29. We have inspected 72 clubs and cafeterias and bars were inspected in the downtown area; approximately 20 of them in Wynwood; Edgewater, 21; Allapattah, 23; the South District as a whole, 6 clubs; and the North District, 2 clubs. Total numbers of arrests that we have compiled has been 31. They all range from the sale of liquors, consumption or distribution of liquor, no business tax receipt, and operating with an expired temporary use of permit. In the South District, we did identify at that specific location narcotic sales that was being conducted right next to the venue. Also, 33 clubs have been closed down, not because of our actions necessarily; it's because of their failure to comply, for their failure to come back and obtain the proper licenses and documents that they need to operate. And some of these examples are Metropolis, Nocturnal, and Studio "A," all of which also made the news throughout those times, like this one in particular, where Club Nocturnal, which was in downtown. We had one dead and six were wounded as an active shooter situation had took place inside that establishment. "90 Degrees" also had a similar incident where four people were injured. And this leads us to one of the most recent operations that we did, and this was at Club Wonderland. How we initially got the information was the -- that the establishment was operating outside their scope of their license. We put a team together again. We went in there to -- we wanted to make sure that that wouldn't -- that was, in fact, what was going on, and we discover prostitution, narcotics and other stuff that was taking place, and I'll show you a clip, a news clip of what took place and what we did there. Again, this is not the effort only of the Police Department. This is our partners: Code Enforcement, Zoning, the Finance Department. All of us are involved. Note for the record: At this time an audio -video presentation was made. Commander Ferro: Again, one key point there is that we meet with these establishments once they come up, specifically the new ones, and we let them know what those regulations are and we're forthcoming. We let them know, "Listen, this is how and this is why you need to operate this way." In this particular establishment, we did the same -- the employees were all engaged in that activity. I think a total of 11 employees, ranging from the DJ (disc jockey) to some of the girls and the bartenders were all engaged in these operations. We know that we shut down the club. We met -- with the help of the other entities of government and our Legal Department, we met. I know they have applied now and -- during some kind of temporary status or review. And we are going to meet with them very soon again to do another inspection, just to make sure that everything is in compliance. And the owner has mentioned that he's actively engaged now in making sure that these activities don't take place in the establishment. The City Manager had asked me to come up with some solutions of how we can provide a better service to the community and, definitely, it can be done through the -- through an EPS system, or Enhanced Police Services. In downtown we have a very good networking with our Miami Entertainment District Association. They do hire off -duty officers. And it's not providing a service solely to the establishments, but a greater service to the community. We, as a department, have learned that placing an officer in a particular venue for security purposes, it minimizes the potential that we can accomplish as a Police Department. So what we've done is we patrol specific areas within those establishments. Once that establishment has identified a specific issue in that -- in their club, we go in there, intervene and make sure we diffuse what sometimes spills into our streets. The community as a whole is very receptive to it, because now they see additional officers patrolling the areas, so they welcome these tactics. By the way, this is a model now being used throughout the country. And that helps us to develop those community partnerships. We need to continue to operate in the way we are operating currently with all those entities of government together to continue to follow up on these complaints and continue to do these inspections. We are also looking and incorporating yearly training for all these clubs and these managers to City of Miami Page 84 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 come in. Some of that training is comprised of crowd management training, safety, fire tips, and regulations; and again, all the other entities of government are there for that training so they can -- each entity can specifir what is it that they're looking at. And then to conduct a final inspection of those establishments that are coming on board so that we know, as a community, that they -- initially, the way that they're out there and the way they're operating is within our regulations and ordinances. Departmental solutions: Obviously, the NROs, the Neighborhood Resource Officers, are their most critical component to these operations because they gather the complaints from the community and they're able to reach out to these business owners and bring them forth into these meetings and into these training opportunities. Once again, this is not -- this is Operation Safe Club, not Operation Shut Down. That's not what we're here for. Just wanted to -- one last thing -- thank Commissioner Sarnoff. I know he has been involved directly with me, with the Department, and all the other entities to make sure that we have the resources and we have the support that we need. Also, the City Manager; financially, he has seen the benefit of making sure that we provide this particular service to the community. So I appreciate that. Thank you. Chair Gort: Thank you, Commander Ferro. Let me tell you what my problem is. I think that's an excellent operation you have and you put together. The problem that I have, as you mentioned, we have in my neighborhood 23. What's taking place in my neighborhood, someone gets a license for a cafeteria, and then on Friday to Friday about 4 o'clock, you start seeing certain movement. Most of those cafeteria, they close after lunch, because they serve the industry -- industrial part of the City. Well, a lot of this on Friday night, you have -- about 4 o'clock, you start seeing a lot of movement, a lot of trucks coming in, a lot of beers and so on. You go back at 11 o'clock, 12 o'clock and there it goes; they got a full nightclub going and a small cafeteria licenses. A lot of people don't understand what it is. Then the police officers come. They close it for that evening. And they say, "Fine, we're not going to do it again." Guess what? Every time I go by -- and unfortunate, I have to go -- that's in my way home, in and out. So on Saturday -- Friday nights, Saturday nights, it's a whole commotion taking place. I think what you guys are doing is great, but what I like to see, Mr. Manager, is what will be the follow-up to make sure this not continue to do so. Most of these cafeteria cannot serve any liquor after 10 o'clock in the evening. They also have to serve liquor with food. So I would like to see a plan. I think your plan is beautiful. It's great. It works. But I like to see a follow-up so it not continue to happen. Mr. Alfonso: Right. Mr. Chairman -- I'm sorry. Chair Gort: You're recognized. Mr. Alfonso: What we've asked the Commander to do is to put together a plan for what additional resources he would need to maybe beef up what it is that we're doing, and we're going to discuss that as part of our budget or mid -year process; bring it to the Commission for approval, if we have to. What we've also done to get him the assistance that he needs, for example, with Code compliance for people that have to work the hours, the hours of some people have been shifted so that we're not necessarily incurring overtime, but they're working at the same hours that these folks are working. Chair Gort: Now, he's done an excellent job as the Commander of downtown, but I think everyone -- commander in every district should be trained towards that so we can enforce the same thing, the same tactics that he use. But I mean, at the same time, have a follow-up to make sure, "Oh, yes, tonight, we'll comply with it. We're not going to do it anymore." And then next Friday, there it goes again. Mr. Alfonso: Correct, Commissioner. And that is why, again, we are shifting the time schedule for some people to consistently work the evening, late into the early morning so that we are consistent about going back and checking on these people so that we create the habituality [sic] City of Miami Page 85 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 of not breaking the law. Chair Gort: Thank you. Commissioner Sarnoff. Commissioner Sarnoff First, thank you, Mr. Chair. And I want to say that I actually have the privilege of having Commander Ferro as my downtown commander, and he has always -- he is the most consummate professional I've ever worked with. I had the opportunity to work with him on Club Safe, which really started in '012 [sic], if I recall. There are a couple of things, Mr. Chair, that may help you. First place, one of your bigger problems will be what's called a "caterer's license." If somebody walks into a venue and has a caterer's license, it is their opinion, their opinion that they can operate until they choose to stop operating. Caterer's licenses, we -- I shouldn't say we. I hope the City Attorney does not agree that that can go on. So I do have a suggestion, Mr. Chair. We have prepared an alcohol ordinance that will address predominantly most of -- well, I don't think it doesn't address any of what you've discussed, and it's time for the alcohol ordinance to come out of its birthing place, but the Administration has been very resistant and slow to do so. I don't know if the other Commissioners don't support it, don't want to do it, but you know, in the words of the President, `It's worth a vote up or it's worth a vote down." In this case, we can continue having Club Safes, and we can continue having caterer's licenses, and Madam City Attorney can continue to opine this is legal, this isn't legal. I'm not sure if this is legal. Because our set of rules and regs (regulations), whether it's a 4COP or a 4COP, SRX (Special Restaurant) that you have to serve food, or a 2 COP or 2COP SRX where you have to serve food is not only confusing but it is problematic. Couple that, if somebody's allowed to have a covenant in lieu, which then allows them to serve alcohol with food, if they serve 51 percent of the food, is not a set of circumstances or set of laws that I think the average police officer is going to really understand. I think what they want to know is, is it a bar? How -- what's their operating hours? Is it a restaurant? What are their operatings [sicJ? If it isn't restaurant, do they have to serve 50, 55 percent food? Because there are some State statutes on this. And give us your register receipts to demonstrate the proper serving of food. I think it could be simplified if we just had the political wherewithal to move forward with the alcohol ordinance. And I would say to Mr. Manager, you would also have to have the political wherewithal to either give it a vote up or a vote down. It's okay if this Commission votes it down, but then this Commission should be held accountable. Chair Gort: Well, I believe most of the -- what you address, Code Enforcement should have the knowledge of all the regulations and all the conditions the BTR (Business Tax Receipt) provides for them and what -- how they can operate. I mean, that's why -- when we talked about it at the NET office the way it used to be back in the '90s, you had the NET inspectors with the NRO and Code Enforcement working as a team, and they knew where the problems were, they knew what the regulations were, and they could go out and warn the property owners: "Look, you're not allowed to do the following. " And that's why they have to work as a team. So I know Administration is working on that, so I hope we'll see something soon. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I just want to say -- kind of make one comment on the last comment that Commissioner Sarnoff made, which is that -- because there have times also that I've been frustrated when a piece of -- I call it "legislative limbo, " when something goes into legislative limbo. The last one that I had like that was the small parking exemption, and I think that it happens probably for a variety of reasons. Maybe it's some Commissioners are resistant to it and you're not getting that full picture because, for sunshine reasons, it's not getting back to you, which it really shouldn't, and maybe the Administration itself doesn't feel confident in it or doesn't -- because they are professionals, you know, and -- you know, for example, I respect Francisco Garcia's professional opinion tremendously. Doesn't mean I always agree with it, but City of Miami Page 86 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 I respect it and I give it a lot of deference in terms of the timing of things, the way he works through his process and -- so, you know -- but I think there should be -- at the end of the day when a piece of legislation is in legislative limbo, as I call it, there should be a mechanism by which a Commissioner -- and I think there is. I would think that there is -- can say, "Look, I have the right to bring into the Commission as a up or down, let's talk about it, maybe we can get whatever's behind this out in the open, because sometimes, you know, people may be resistant to something behind closed doors, but once you get it out there, you know, and you have, you know, people advocating for an issue, then things change. So I'm a big proponent of the up or down, or at least get the comments on the record so that the fixes can be made, you know, and then we move on. But I feel the same frustration. I call it legislative limbo. That's my term for that. Chair Gort: Okay. Thank you, Commander. I appreciate it. Commander Ferro: Just one thing that I -- just came to my attention. I don't know if this is something that we may want to look at, utilizing the Nuisance Abatement Board and bringing it to their attention. I think it's important that the community themselves -- like you mentioned for example, your community to say, "We're fed you up with this particular establishment and we want to make this part of that board and we want that establishment gone from the corner of my house." Chair Gort: My understanding, any establishment that has three arrests, two or three arrests for narcotics, prostitution, can be brought to the Nuisance Abatement Board and their license can be taken away. Mr. Ferro: You are correct. Chair Gort: Yes. Mr. Ferro: Is there something else that we can incorporate in there? Because not every single establishment cooperate -- incorporate into those two -- Chair Gort: Whatever suggestions you guys can come up, please bring it to us and to the Administration. Mr. Ferro: We'll discuss it then. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: Is there -- I'm having an issue in my district with a property. It's a residential area. The Mayor may know about it too, because it comes up a lot of in Shenandoah's Homeowners Association. It's a property -- it's 1823 -- I forget the actual -- rest of the address, but it's someone who lives in the home and has the home in a very, very -- they may -- he may have some mental issues, and we have -- we're working with the City Attorneys Office on guardianship proceedings and otherwise. But one of the things that it's taken a long time -- it's been seven years in this condition and the neighbors are very frustrated. And they did mention the standard that the Chairman just articulated about the Nuisance Abatement Board and you have to have three arrests for drugs and all that stuff. But I'd like to take a look at that particular legislation. I don't know who's the person in your office that's assigned to that. If they can come talk to me, because we may be able to expand that legislation a little bit. Chair Gort: (UNINTELLIGIBLE) residents. Commissioner Suarez: Right. Because there's got to be other scenarios that can constitute a City of Miami Page 87 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 DI.5 14-00332 City Manager's Office nuisance that don't require that level of involvement, because, you know, in a club, that might be easier, but in a neighborhood, that's a difficult standard. And I know, by the way, they are doing drugs, because the neighbors have picked up hypodermic needles in the front yard of the house, so they're doing -- there's drug activity, but it may not be drug sales. They may be buying them somewhere else, coming to the house and using the house essentially as a drug hole, and it's in the middle of Shenandoah. So imagine, you know, your daughter's neighbor, my neighbor, you know, which is the way they tell it to me. "Look, imagine if it's your neighbor and your house is a drug hole, you know, in the middle of every peaceful and nice neighborhood." So, you know, if you could just have someone reach out to us. Victoria Mendez (City Attorney): And the City Attorneys Office will go to that meeting -- Commissioner Suarez: Yes. Ms. Mendez: -- as well to see what we can tweak, because a lot of those criteria are per State statute, so we have to -- but maybe the end result, like you're saying, that -- not that they buy it, but that -- Commissioner Suarez: Right. Ms. Mendez: -- they come there and utilize the drugs. Commissioner Suarez: Right. Ms. Mendez: Maybe -- so -- Commissioner Suarez: Exactly. Ms. Mendez: -- we'll -- Commissioner Suarez: And also, you know, we are in the legislative priorities -- Ms. Mendez: Exactly. Commissioner Suarez: -- process right now, so it might be a good idea if there is a need for State -- change in State legislation that we can amend State law now. Hopefully, there won't be a huge lobby against it, you know, in Tallahassee, and we can get it -- some common sense legislation passed Chair Gort: Thank you, sir. Commander, thank you once again. DISCUSSION ITEM DISCUSSION REGARDING ANNEXATION. 14-00332 Summary Form.pdf 14-00332 Annexation Feasibility Study.pdf 14-00332 Maps.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon City of Miami Page 88 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 DI.6 14-01228 City Manager's Office (DI.6) 14-01228a Note for the Record: Item DI.5 was deferred to the January 22, 2015 Planning and Zoning City Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED STATE AND FEDERAL LEGISLATIVE PRIORITIES IN ANTICIPATION OF THE 2015 SESSIONS OF THE FLORIDA LEGISLATURE AND UNITED STATES CONGRESS. 14-01228 Summary Form.pdf 14-01228 2015 Legislative Priorities.pdf 14-01228-Submittal-Commissioner Sarnoff-Presentation-Container Deposit Legislation.pdf 14-01228-Submittal-Commissioner Sarnoff-Presenation Street Markings.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TO INCLUDE CHANGES TO FLORIDA STATUTE 556, REGULATING UTILITY PAINT MARKINGS ON THE PUBLIC RIGHT OF WAY IN ITS 2015 LEGISLATIVE PRIORITIES, TO ALLOW MUNICIAPLITIES TO REGULATE THE DURATION AND REMOVAL OF SAID UTILITY PAINT MARKINGS ON THE PUBLIC RIGHT OF WAY, AND URGING MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT CHANGES TO STATE LAW TO DO SO; DIRECTING CITY CLERK TO TRANSMITA CERTIFIED COPY OF THIS RESOLUTION TO THE MEMBERS OF THE FLORIDA LEGISLATURE. 14-01228a-Submittal-Commissioner Sarnoff-Presenation Street Markings.pdf 14-01228a-Submittal-Commissioner Sarnoff-Presentation-Container Deposit 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-14-0482 Daniel J. Alfonso (City Manager): Okay, what's the next discussion? Chair Gort: D.6[sic]. Mr. Alfonso: Okay, the legislative priorities, yes. So Diana Arteaga. Diana Arteaga: Hey. Good afternoon, Mr. Chairman, Commissioner Sarnoff, Mr. City Managers [sic]. Diana Arteaga, a senior advisor to the City Manager. I'm very excited, this opportunity to assist the City with our government relations on a State and Federal level. I just assumed these responsibilities recently, so I assure you that next year, we'll discuss these items with a much more advanced notice before committee week starts. Our committee week this year starts the first week of January. So I attached an exhibit to the summary form with a draft of our legislative priorities, some of them from last year; the first three were resolutions that the City Commission has passed this year, so if there is any other items that you'd like to add at this moment and discuss with the City Attorney in detail now or later on in the next few weeks before session starts, now is the opportunity. City of Miami Page 89 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Yes, ma'am. Commissioner Sarnoff. Commissioner Sarnoff So I'm going to use a batting analogy. I've been up to bat on these two issues I want to bring to your attention before I took a swing and I didn't hit, but I may be in a uniquely better position than I've ever been before to hopefully get these legislative initiatives passed or at least thought about; the first of which is graffiti in the streets not caused by graffiti artists, but caused by folks that are doing work in the streets. And I think a picture, Mr. Chair and Mr. Manager, is worth a thousand words. And IT (Information Technology), please use -- allow us into the system. All right, we're going to bring up IT's budget right now, Mr. Chair. I'd like to make a motion to remove all of -- oh, there it goes. Chair Gort: There you go. See, that made the difference. Commissioner Sarnoff I was going to say. Chair Gort: That worked, that worked. Commissioner Sarnoff What do they say? You say they'll listen to you once a year, budget and appropriate? Chair Gort: Yeah. Commissioner Sarnoff All right, so this is -- what we did was we took some -- and you can run through it. We took pictures of various parts of the City. We stayed in our district to be candid with you, but we took pictures of the Grove to see how it was doing. And by the way, the Grove has just had -- so stay right there -- as you could see, this is a brand new sidewalk project. So you'll see that -- by the way, these markings are about 45 days old, okay? But I'll show you some older markings. Continue. Chair Gort: Well, let me ask you a question. Wasn't a statement made here that once it rain, it goes away? Commissioner Sarnoff Well, and just so you know, I think -- where is Ed Santamaria? Mr. Manager, he went and bought -- oh, here we go. So what the Manager is holding up is a water -based and a chalk -based system, and I asked them to actually spray paint your name, Mr. Chair, with the chalk base, which would have washed right off. But what we're finding is the folks aren't even using the chalk -based system; they're using the water -based system, and that remains not for months, but for years. So just continuing on, you can see -- this is the Grove, so this is kind of a homey little community that -- I don't care what sidewalk you put in, how it good looks, as soon as you start marking it up, it looks like this. And just continuing on, these -- on a better system, Mr. Manager, which we have to talk about, you would actually see the streets we're talking about. But we didn't leave it there, we went down to -- let me move to downtown. Is downtown doing any better? 'Cause after all, late '80s, we put the Burley Mark sidewalks in. Well, I can show you what some of the Burley Mark sidewalks look like. Chair Gort: Can you tell the sergeant -at -arms that that meeting is taking place outside? They can go to my office and no problem. They can use my office. Commissioner Sarnoff And this, of course, is Brickell, which is supposed to be our financial district. So, look, we know we have a problem. We know that we don't think they're even following the law as it's written. But we do have a suggestion for the Governor and for the legislature with that law. The suggestion we have, Mr. Chair, is that they allow the City of Miami to take some matters into their own hands. After the permit's been pulled, the certificate of completion is done, you know what our strange thing we're asking them to do? How about City of Miami Page 90 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 (DI.6) 14-01228b you remove the markings once you're done? I know that's incredibly, you know, illogical of us, and, gosh, that means a whole lot. But, you know, think about the safety behind it, as well, because if we start over -- by the way, these things go for years, they stay there for years, so you have people marking streets time and time again on old markings that may be making it very -- or extremely unsafe. So what we have here is a resolution asking that we -- we don't have Commission to do it, but I'm asking that this become a legislative priority. I have asked this for three consecutive years. I have given you as much ammunition as I possibly can. I have the legislative change here for Statute 554 -- 555.106, Procedures. That will allow the City of Miami to require the person who is doing the underground work to simply go out there with an eraser. And if they choose to use the wrong paint, they'll be going out with a power washer. If they choose to use the right paint, a bucket of water will do it right away. And -- Commissioner Suarez: Where are we? Commissioner Sarnoff. -- I'm just suggesting I think this is so profound, and gives us all -- puts us all in such a bad mood -- puts me in a bad mood when I look at -- So I'm looking at Zeri Ihekwaba; I'm looking at Mr. Santamaria_ You know, you guys walk the streets with me, and most of the time, you're proud of the projects you do, Mr. Spanioli. I take you out three months later, and I show you what it looks like three months later. You're no longer proud, because people just don't care. And I've said enough, but the resolution is right here, and it becomes a resolution asking that Chapter 55 -- Chair Gort: Make the motion. Commissioner Sarnoff. So move that Chapter -- Commissioner Suarez: Second. Commissioner Sarnoff. -- 55.610(5) [sic], procedures are amended to include the resolution which we are passing right here, right now, so that -- Chair Gort: Okay, it's been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE ISSUES ADOPTED AS THE LEGISLATIVE PRIORITIES FOR THE CITY OF MIAMI DURING THE 2015 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 14-01228b-Submittal-Commissioner Sarnoff-Presenation Street Markings.pdf 14-01228b-Submittal-Commissioner Sarnoff-Presentation-Container Deposit Legislation.pdf 14-01228b Legislative Priorities Attachment.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-14-0483 City of Miami Page 91 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Discussion items. Victoria Mendez (City Attorney): Chairman, I -- Commissioner Sarnoff Mr. Chair -- Ms. Mendez: -- just wanted to -- I'm sorry -- clarify. The legislative items that Ms. Arteaga showed you, all of these are satisfactory to all of you? We're adding yours and -- Commissioner Sarnoff I have one more addition if you don't mind. Ms. Mendez: -- Sarnoffs -- Chair Gort: And I do, too. Ms. Mendez: -- and Suarez' to these -- Chair Gort: I have to make sure we didn't lose quorum. Go ahead, Commissioner Sarnoff. Commissioner Sarnoff So the other one -- and I suspect -- Commissioner Suarez, I'm going to pass this torch to you -- you have a beautiful new child, and I just want to show you something that we put out to the City of Miami Commission in 2010. It's concerning container deposit legislation, and I'll just go through it. It's -- 160 bottles of water are consumed by the average American a year; eight out of 10 of them are plastic bottles; about 215 billion cans and bottles were purchased in 2005; 21 billion more than in 2002. And if we update these numbers, they go up. If you've never seen this before -- and I'm going to speak to Suarez, if you don't mind, Commissioner Suarez -- this is actually called the "North Pacific Garbage Patch," and it's an actual cycle. You can find golf balls, golf clubs -- Commissioner Suarez: Yeah, it's a current. Commissioner Sarnoff That is a current that literally no one is cleaning up because it's off the coast of Japan, it's in the Pacific, and it is pervasive. So that really does exist; it's gotten worse since 2005. And I'm just suggesting to you that the way people don't throw things out as to make something valuable. You know, if you're going to make a nickel or 10 cents, like Maryland, Vermont, Connecticut, Massachusetts, New York, Oregon, Iowa -- and there are about seven others that have done it now -- California -- and there are, I think, nine others, still -- put a value to it. The value is better at the County, candidly, because if the County legislated this, it'd be a much bigger path, but it's something that we could do. And then we would have recycling at a much higher level. Now, candidly, this existed -- we talked about this before we started recycling at the residential level, so we've done much better, and you top that. We don't recycle presently at a commercial level. So all these commercial downtown office buildings are not required to recycle, and that's a missed opportunity, as well, but I would suggest this to you: That if you just look at Biscayne Boulevard and you just take a look -- I don't know if we have that slide but -- Commissioner Suarez: But are you suggesting like some sort of revenue sharing; is that what you're suggesting, between the recycling person and the --? 'Cause right now, we're getting paid for the recycling material. Commissioner Sarnoff I'm open to anything -- I think the only thing that works is to make something valuable. Commissioner Suarez: I have an idea. Chair Gort: I remember kids saving Coke bottles so they can get two cents back, and they would City of Miami Page 92 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 collect them, they would go to the grocery store, and they get paid for them. Commissioner Suarez: I think -- yeah. And I remember my father, when I was younger, used to take back -- I think the bottles of Coca-Cola and get, you know, credit for that and stuff. I know this would require a little bit more sophisticated equipment than what we have right now, but one thing that would be interesting is if it -- if the containers, the blue containers -- which, by the way, was your legislation, and you should get the credit for it, and I've always said that, just by whatever mail outs we sent on the issue; you really pushed us to take that capital expenditure leap at a touch time, and it was a good, good investment decision. Not only was it a good environmental decision, but it was a good investment decision. But if we could -- if those blue containers, for example, would measure the amount of recyclable material that a person -- you know, maybe through some sort of technology that is uploaded through the truck or whatever that would measure -- and I'm saying this to the private sector community that always finds better and smarter ways of doing what we come up with -- and you could actually measure what the citizen -- Citizen Francis Suarez or Citizen Marc Sarnoff -- is recycling, and maybe they can get a discount on their property taxes against -- I know this is very technologically advanced for you, Mr. Chair, but I'm telling you -- Commissioner Sarnoff I like the idea. Commissioner Suarez: -- it can be done. I think, technologically, it can be done, because you measure it and then -- or against your garbage fee -- Commissioner Sarnoff Right. Commissioner Suarez: -- maybe; instead of your taxes, your garbage fee. Instead of you paying three -- what is it -- 85; we're up to three -eighty-five now? You know, maybe it could be -- or three -eighty. Daniel J. Alfonso (City Manager): Three -eighty. Commissioner Suarez: Three -eighty. Maybe it would be -- I'm not saying it'll be a huge thing but it could be -- Commissioner Sarnoff Three hundred and thirty bucks a year. Commissioner Suarez: Yeah. It could be two -seventy, it could be two -sixty -- I mean, I'm sorry -- three-sixty, three -seventy, you know. And so there's a gain, there's an incentive to want to recycle. And then, you know, maybe my neighbor -- I'll say, "Hey, how much did you pay in the garbage fee this year? Well, I paid three -twenty-five, 'cause I recycled a lot more than you did," you know, and it becomes a competitive -- and the City's making -- so we're almost giving back a percentage of what we're making on the recycling material, because we're incentivizing people to recycle. Chair Gort: I don't think that's the -- what we're discussing. Commissioner Sarnoff It's not. Chair Gort: I think what you're discussing is, instead of the taxpayer paying for it, it should be paid by the private sector. In other words, what you're saying, the producers or the manufacturers of this product should have the type of base or the type of product that people can return for -- Commissioner Sarnoff You know, I'm going to use the statement, Mr. Chair, "Something old is new again," so I think you were around when milk got delivered and that same milk receptacle City of Miami Page 93 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 was reused again. Chair Gort: Right. Commissioner Sarnoff I suspect what you said earlier is that you had Coca-Cola containers and those things, you got a nickel or whatever you got back -- Chair Gort: Right. Commissioner Sarnoff -- for that. So something old is new again. Right now, we go to the container right over there and we put a dollar twenty-five in, which seems pretty high, but whatever, and we don't care when we're done drinking whatever we're drinking, the can or the bottle goes. Commissioner Suarez: But -- I'm sorry, 'cause maybe I don't understand recycling then. My understanding was, if you buy, let's say, a plastic Coca-Cola from there and you put it in the recycling bin, doesn't that get melted down for plastic, and then a new plastic Coca-Cola bottle is made with that recycled plastic? Chair Gort: They do? Commissioner Sarnoff It does, but you could also incentivize a person by saying, "Bring this back to the store for a nickel." Commissioner Suarez: Well, the way I was looking at it was if we -- let's say we get -- what is it, 25? What are we getting now per ton; is it $18 a ton for recycling material? Mr. Alfonso: Something like that, Commissioner, I'm not sure. But I think what you're suggesting -- Ms. Mendez: Right, you're talking about two different things. Mr. Alfonso: Yeah, we're talking about different things, number one. Number two, I think, Commissioner, the stores, they probably got away from the whole bottle recycling at the store thing because the cost of storing the bottles and sending them back to the manufacturer to have them heat -treated and repacked and sent back out, you know, that probably -- it would -- became cheaper just to crush the crystal and rebuild a new bottle, so. Commissioner Suarez: But there's very little crystal that's used now anyways. Mr. Alfonso: No, I understand. The plastic he's saying -- what he's saying is put a value of five cents on every plastic bottle, and then some person would collect the plastic bottles and get five cents per bottle. That's a thought; that's one way to do it, I suppose. I want to get Mario to come up here and talk a little bit about some rules and regulations that are currently on the books that we just haven't been enforcing, and we have a recycling coordinator position that we're putting in, and I want him to talk about that a little bit, 'cause maybe that'll shed some light on some of this. Commissioner Suarez: And can I just say on the idea that Commissioner Sarnoff -- and I'm sorry, Mr. Chair, ifI didn't get it, 'cause I didn't seem like I got it fully, and so I apologize, 'cause there is a secondary benefit, which I think he's talking about in the terms of beautification. In terms of beautification, anybody can pick up a bottle off the ground, and I think that's different from incentivizing the homeowner to recycle more. What they're talking about is beautification; you have an incentive to pick up a bottle that's litter, basically. City of Miami Page 94 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Mr. Alfonso: Yes. Commissioner Suarez: Yeah. Mr. Alfonso: So now you might actually have people out there walking around, just picking up plastic bottles the same way they pick up aluminum cans. Commissioner Suarez: Right. They're doing our job for us in essence; right, which, by the way Chair Gort: They're not throwing it out of the window of the cars and things like that, yeah. Commissioner Suarez: Or maybe we can pay them, because if we -- hear me out. If we get -- if we make money on the recycled material, they can bring it to one of our centers and we can make money off it. Commissioner Sarnoff I suspect that's what he's going to bring up. Commissioner Suarez: All right. Chair Gort: Yes, sir, you're recognized. Mario Nunez: Mario Nunez, director of Solid Waste. Mr. Chairman and members of the Commission, yes, you're right on target in plastics. There are seven type of plastics, like the water bottle I see by Commissioner Suarez. Plastics Number 1 and Number 2 have a huge economic -- they're marketable, there's a value in the market and processors really make money out of that. Unfortunately, for the Plastics 3 through 7, quite frankly, unless you generate enough volumes -- Styrofoam I think is like that -- excluded Styrofoam, which is the hard type that is very common, there's no markets out there. So when you commingle the materials that we pick up, we make about 21 to $22 per ton. Obviously, we need to generate opportunities and put -- unfortunately, the State of Florida doesn't have a redemption value on the plastics or bottles or such, so that diminishes the ability to make more money. But with that said you know, 21 to $22, we are actually generating revenues out of that instead of taking those materials to the disposal sites, which can cost us 62 to $77 per ton. In regard to the source reduction programs, one of the key components that we have in mind, we're in the process of recruiting a recycling coordinator for the City of Miami, and along with that, a small workforce that will devote its efforts to promote recycling, educate the community in different languages, and basically create the awareness of how important that is. However, on the back end, for those who do not want to recycle or comply with the mandate that the County has, as far as our mandated commercial and multi family recycling, the City of Miami already actually changed the Code, Chapter 22, and unfortunately, we have not enforced what is already in the books, and with that, we are actually hiring three additional Sanitation inspectors who, after being told what they need to do under the law, will have to take action to correct that kind of behavior. So there's a lot of opportunities for us to educate the community, which is our primary goal and enforce what is already actually in the ordinance. Commissioner Suarez: You know what I'm -- Chair Gort: You know, that's a good idea with the cleanup campaign that we have. If we can come up with the idea where the people can pick up the plastic and all and get some rewards for it, you'll have people, instead of throwing them away, picking them up. Mr. Alfonso: That is something that we can certainly consider, Commissioner, but I want the Solid Waste director to be very clear on what is in the Code; that we have not been enforcing, that we are going to be making an effort to go and educate people about and then we will enforce City of Miami Page 95 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 the Code. Mr. Nunez: Right. The Code has been actually this -- Miami Dade County Code was -- the mandatory multi family and commercial recycling is a mandate. It was enacted about 10 years ago. All the jurisdictions of the County needed to basically piggyback on that. And one of my predecessors came over here and the Commission agreed to change the Code to adopt basically the same rules that the County has. However -- and I don't know the reasons exactly why -- my department never enforced that and never really reach out to the apartment building owners the responsibilities on the owner of the premise and not on the tenants. So just to give an example, if you had a multi family building of 10 units or 10 floors and the tenants are really the victims of what the owner of that facility decides. If the owner says, "No, I'm not going to do it," then all the tenants suffer from no recycling. So we need to basically reach out to the owners and say, "This is what Chapter 22 says, and there are some consequences." Unfortunately, the Code does not address a fine amount, a dollar amount of those who do not comply, but we're working on revising that. Chair Gort: Yeah, but let me ask you a question. I have learned people like to see how they impact personally. If they recycle in those buildings, people will pay for that recycling; am I correct? Mr. Nunez: Those who participate in the City's recycling program, let's say, you know, are basically multi -- single-family homes; we serve them. Chair Gort: No, I mean if the multi family properties decide to recycle, they can get someone to pick up their recycling. Mr. Nunez: Yes. Chair Gort: So they will get paid for it directly; at the same time, they'll save money, because they'll have less waste going to the other tonnage. Mr. Nunez: Absolutely. That's exactly one of the messages we want to deliver. Chair Gort: You could educate property owners, "Hey, if you do this, you're going to make money, " I'm sure they're going to do it. Mr. Nunez: So instead of picking up a trash bin which can cost an owner $300 a month easily, going cheap, maybe you will need to go once a month, or maybe you need to downsize the type of container you have, as long as you provide recycling. Absolutely, that's one of the myths. People think that recycling cost more money. Not necessarily; sometimes, there's some opportunities to actually lower their bill. Chair Gort: To make money and lower the bill. Good, okay. Thank you. Any further discussion? Yes, sir. Todd B. Hannon (City Clerk): If you could just give me one second, Chair. Madam City Attorney, are you thinking of potentially capturing the 2015 legislative priorities in a resolution? Ms. Mendez: Well, I just wanted to make sure there weren't any other additions before we -- Chair Gort: Did you get a chance to talk to Judge Leifman? Ms. Mendez: We've -- we have not been able to talk to Judge Leifman; however, we have -- we called and we're trying to get in contact with him. City of Miami Page 96 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: If you bring him here on time, I'd like to be a part of that. I think the City -- Ms. Mendez: Yes. We can -- Chair Gort: -- should be involved in that. Ms. Mendez: What we can -- remember, these are just general concepts -- Chair Gort: Right. Ms. Mendez: -- so what we can put in is that we were looking into legislation to make Baker -Acting -- to change the criteria for Baker Acts with regard to assisting the population that would need that. So that general concept, you could put it in, and then we could get the -- Chair Gort: Okay, thank you. Ms. Mendez: Yes. Commissioner Suarez: Mr. Chair. Chair Gort: We need a motion. Yes, sir. Commissioner Suarez: Just on legislative priorities -- andl know we have a new legislative coordinator. Welcome to the position. I wish you luck. Diana Arteaga: Thank you. Commissioner Suarez: It's a tough one. I'm sure you'll do great. I think for next year, though, hopefully we'll have continuity there, and we should have in a -- at the Commission an after -legislative report that summarizes how the legislative session treated us, how the legislature treated us or the State Government treated us to start building priorities for the next year and having ideas, and then have another one, you know, before the end of the fiscal year, and then one more before the end of the calendar year, because this is kind of late in the game. Today we're missing two Commissioners, you know, and I don't think pushing it makes sense to January, because the legislative session's about to begin and committees are -- hearings are about to happen. So -- but I feel for my two colleagues who aren't here, and they'll get a chance to really chime in on this issue. Maybe we can even do it as a separate, you know, next year as a separate, you know, kind of special meeting or something like that where we can really treat this issue -- 'cause it's a really important issue and for us to skim over it for two minutes -- you know what I mean? -- in a Commission meeting, when not all our colleagues are here, so, and, you know, I'm just saying for next year, really. I'm not -- you know, this year, it is what it is. I know we have a new coordinator and -- you know, so I don't want to harp too much on that now. Sound good, guys; does that sound good for everyone -- Chair Gort: Okay. Commissioner Suarez: -- ladies and gentlemen? Ms. Mendez: Now, if I can just -- based on the ones that have been already given, and I just wanted to make sure that we brought a couple more to your attention. One, we wanted to also work on legislation that assists with ad valorem taxation with regard to garages and marinas. That's something that we had a -- like a Band-Aid legislation done a couple years ago, but we want to be able to address that one in more detail. For the past few years we've also been addressing legislation with regard to Florida Power and Light and transmission lines throughout the City, so we wanted to continue being able to address that type of legislation. I think that this City of Miami Page 97 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commission has always wanted to make sure that we continue getting Community Development dollars, so to the extent that we continue in that vein, we also wanted to make sure that that was part of the legislative priorities. And we added Commissioner Suarez' changes to nuisance statutes to try and get certain criteria on there, as well. We'll add Commissioner Sarnoffs graffiti language and the -- talk about some recycling aspects and try and find legislation for that, and now, the Baker Act with regard to better legislation to assist. Is there anything else that Ms. Arteaga: I think from last year till now, item number 8, I think Commissioner Sarnoff had expressed that the DDA (Downtown Development Authority) is going to be assuming responsibility for that item, so we can -- if you'd like, we can strike it from the list. Commissioner Sarnoff For the legislation, with regard to what Commissioner Gort's speaking in regards to? Ms. Arteaga: The DDA's authority about expanding the DDA's -- so we can strike that if you'd like. Commissioner Sarnoff I'd leave that for us to do. Ms. Arteaga: Leave it? Commissioner Sarnoff Yeah; meaning for DDA to deal with. Ms. Arteaga: For the DDA to do it. Commissioner Sarnoff Right; so we don't cross paths. Ms. Arteaga: Okay. Commissioner Sarnoff But if I need your help, I will call. Ms. Arteaga: Okay. Chair Gort: Okay, do you need a motion there? Ms. Mendez: Yes, if we could have -- Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Arteaga: Thank you. Ms. Mendez: Thank you. DI.7 DISCUSSION ITEM 14-01205 Office of Grants PRESENTATION BY THE EDUCATION ADVISORY BOARD IN SUPPORT OF Administration THE MIAMI-DADE COUNTY PUBLIC SCHOOLS LEGISLATIVE AGENDA. City of Miami Page 98 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 14-01205 Summary Form.pdf 14-01205 Back -Up Documents.pdf DISCUSSED Chair Gort: My understanding, we have someone here from the school system. Daniel 1 Alfonso (City Manager): We could make that personal appearance, the school presentation. You want to make it a personal appearance? Lillian Blondet (Director, Grants Administration): (UNINTELLIGIBLE). Mr. Alfonso: Okay, go ahead. Ms. Blondet: Good morning, Commissioners. Lillian Blondet, Office of Grants Administration. As you stated, thank you very much for the opportunity. We have a guest here from Miami -Dade County Public Schools. Because the advisory board in the City of Miami is requesting the City of Miami Commission to support the School Board's legislative agenda, specifically Sections 1 in 'funding," 2 in "accountability reform," and the school readiness. And we have someone here Chair Gort: Yes. Ms. Blondet: -- Iraida -- Chair Gort: Thank you. Ms. Blondet: -- that would like to give you a little more information on those topics. Chair Gort: Iraida, we're going to be working very close with you all. Iraida Mendez-Cartaya: That is good news -- Chair Gort: I think the (UNINTELLIGIBLE) -- Ms. Mendez-Cartaya: -- Mr. Chairman. Chair Gort: -- best people to inform the families. Yes. Ms. Mendez-Cartaya: Thank you, Mr. Chairman. Members, Mr. Mayor, good morning. I'm Iraida Mendez-Cartaya, associate superintendent for the Office of Intergovernmental Affairs, Grants Administration and Community Engagement. I want to thank you for the opportunity to present to you the board's top legislative State and Federal priorities. At the State level, we're asking the Florida Legislature -- and we have one of our State Senators, Senator Garcia, in the room, so Senator, good morning. We're asking our members -- Chair Gort: He was hiding back there. Ms. Mendez-Cartaya: He cannot hide. From the State's perspective, we're asking the Florida Legislature to restore the State's investment in K-12 education by increasing the total per student funding to $7,300. In 2007 our funding was in excess of $7, 300. Currently, our funding is about $6, 900 per student, which is approximately $400 less than we did almost 10 years ago. While at the same time, the Florida Legislature is requiring additional requirements, our funding is less than what we were receiving a decade ago. The second priority is to revise the Value Adjustment Board proceeding to ensure that the students of Miami -Dade County Public Schools receive their equitable share of the education funding. Because of a flawed system that drags the appeal process beyond 12 months, students, teachers and taxpayers pay the bill, and the children of City of Miami Page 99 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Miami -Dade are short-changed. We're proposing changes to include the requirement of proof of the property owner's consent or knowledge of the appeal, limiting the number of reschedulings of appeals to only one for good cause; payment should be -- of interest should be at the market rate versus the current state statutes that provides 1 percent per month, which it well exceeds the market rate and what we would have coming out of our banks. And again, the taxpayer pays the bill. And also, the last thing under that is to require the property appraiser to finish their work by June 30 of every year. The third priority has to do with the accountability system. As Florida transitions to new standards and a new assessment, we're asking the Florida Legislature to provide a two-year transition in the grading of the schools to allow for appropriate field testing and setting the appropriate base line assessment data as we transition to these new standards and a new test. We provide proper field testing in Florida -- to the entire State assessment and not simply field testing questions, ensuring that statistical requirements of validity and reliability are in place; and finally, eliminating the requirement for the development of an end -of -course exam for every single course that is taught in our course -- in our school district. We have in excess of 1,200 tests that we would need to develop, and that is a very costly proposition. At the Federal level, we are seeking the -- and we're urging Congress to address the financial impact of Federal immigration policies on local school districts for increased demand for immigrant education and integration programs by providing Federal funding. The school district pays in excess -- or spends in excess of $1,900 on an annual basis that is not reimbursed either through State or Federal dollars; and lastly, to support provisions of comprehensive immigration bill that provides immigration relief to a select group of students who grew up in the United States and who have good moral character and are pursuing college education to ensure that they have and can continue to live in this great country. Thank you for your partnership, and we appreciate any support that you could give us in Tallahassee. Chair Gort: Thank you. You have any questions, Commissioner? I'd like to tell you, I think the school system is something that we're going to have to support, work for. I think education is the basic to help our children to improve their life in the future when they become adults. I think right now, it's something we need to look at. A lot of people cannot go to college because they cannot afford it. I just read an article the other day; we have a lot of people that retire and they're helping their kids pay for their college loans, and it makes it very dcult. To me, education is very important. Thank you very much. Ms. Mendez-Cartaya: Thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT D1.1 DISCUSSION ITEM 14-01116 DISCUSSION REGARDING QUIET ZONES 14-01116 E-Mail - Discussion Item.pdf City of Miami Page 100 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 DISCUSSED Chair Gort: Okay, districts. DI, this is the one about the discussion on the quiet zone. Mark Spanioli: Good afternoon, Chairman, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. Commissioner, we have sent our application to FDOT (Florida Department of Transportation) for the grant program regarding the systems that we would have to install at the various intersections where the rail crosses the roadway. They have accepted the application and we should know before the end of this calendar year within this month whether we have been granted an award of funding. That certainly would help us. It would be a 50 percent grant. We would have to come up with matching funds. We also had a representative from the Federal Railroad Administration come down recently. We toured the rail line together. They spoke of the possibility of closing some of the crossings; that way, we could even reduce our cost even further. So we are making some progress. I don't know if you had any particular questions you wanted to discuss. Chair Gort: Well, my question was why don't we talk to the individual that use the rails, because my -- the produce market has changed quite a bit. Some of those major components are moving out to the suburbs, and maybe they don't have -- I want to know how many clients they really have, because if they're not going to have -- they're not going to be utilizing that rail, then this -- we should not spend the money on it. So -- Mr. Spanioli: Agreed. We're trying to figure out exactly who those users are. We haven't gotten that information from FDOT yet, but we did make a request. As soon as we find out who they are, if there are any remaining, as you mentioned, we'd rather, obviously, not spend the money, so. Chair Gort: Right, okay, thank you. Mr. Spanioli: Thank you. D1.2 DISCUSSION ITEM 14-01129 DISCUSSION REGARDING THE IRONMAN TRIATHLON THAT WAS HELD ON OCTOBER 26, 2014. 14-01129 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: Two, the Ironman Triathlon. Now, my problem is I woke up that morning; I tried to come across from the northwest/southwest. There's no way I could go across 7th Avenue, 12th Avenue, 17th Avenue and 22ndAvenue. So, like that, I have many residents that were having the same problem. Now, I don't have a beef with the police and so on, but my understanding is in discussing this with individuals, the producers, they tell me they had their distance apart 25 minutes; in other words, that there's the gap time when traffic can go through; that's my understanding. At the same time, the problem is we, Mr. Manager, according to the report you sent me, we advertised this in the NET (Neighborhood Enhancement Team) Office, we advertised it in the website and on the newspaper and -- but a lot of individuals, they're not aware of those places -- those events that taking place. They get up in the morning, they try to go across and they can't, and they get very upset. And then sometimes, they go to certain corners, and people not explaining to them what's going on. They just tell them, "No, you got to get out, you can't turn," and this is something that we need to work on. Manuel Orosa (Chief of Police): Sir, one of the things that we are going to move forward with in major events like this is having the promoter, once he comes and meets with Police, create aflyer City of Miami Page 101 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 and a mail -out for all those residents that are going to be affected, so they can receive something in the mail saying, "You're going to be inconvenienced with this particular event from this time to this time, " and also have a better understanding of what's going on in that particular event. If there are gaps in between that we can safely cross traffic, that is something that we can do, as well. Chair Gort: The other thing I would like to see, if possible, we have those electrical signs. Chief Orosa: Yes, they'll be -- Chair Gort: Right now, they tell them that we going to postpone, we going to close the street, we're going to close this; if we could put that two days before, and they should pay for it. Chief Orosa: The -- yes, we can and we do. The issue is that the Ironman is a long route, so we don't have enough signs to put it all along the route, so the majority of the signs are where the bigger population of individuals are going to be. Chair Gort: Well, I can tell you, in my district -- Chief Orosa: Downtown, right. Chair Gort: Well, I understand downtown, but my district, it's got a lot of residents in there, major residents; 12th Avenue is a major thoroughfare. Chief Orosa: Yes, sir. Chair Gort: Twenty -Second Avenue is the same thing, and 12th Avenue is the same thing. Chief Orosa: We will improve for next year. Chair Gort: The traffic flow in there is for you. Chief Orosa: Yes, sir; we will improve for next year. We have 11 of -- I believe 11 of those signs that we can put all of them out there along the route, and hopefully, more people can be made aware of particularly what's going to happen in their neighborhood. Chair Gort: Thank you. Chief Orosa: Yes, sir. D1.3 DISCUSSION ITEM 14-01265 DISCUSSION REGARDING THE TREATMENT OF SWALE AREAS AS CAPITAL IMPROVEMENT PROJECTS. 14-01265 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: Treatment ofswales. Mark Spanioli: Good afternoon again, Mr. Chair, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. We've looked at this probably for many, many years. We have basically three permittable alternatives to the swale treatments; one of them is the installation of the turf blocks. I got some pictures I'll pass out if you're not familiar with those particular options. The other one is one that Commissioner Sarnoff uses pretty regularly; it's the City of Miami Page 102 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 D2.1 14-01124 pervious concrete. And the last option would be full reconstruction of the roadway to allow like on -street parking, kind of common to what you see in the Roads, et cetera. The least expensive option is the turf block, followed by the pervious concrete and then the most expensive option would be the full reconstruction of the roadway. Chair Gort: Right now, my problem is the work that has been done already, that has been performed that is an existing -- and you can see the site if you go -- if you come to Bayshore and you look in front of the school there at what the turf looks like, that's what my neighborhood looks like all through it. And you guys did a beautiful work; you guys did a great job, the improvement. People were very happy, but then everybody started parking on the swale. And once it rain, it creates what you see over here on Bayshore. So I think turf will be great as an immediate for the existing possibility. In my recommendation, future projects, let's look at it. Mr. Spanioli: Yeah. What we can do from now on is, you know, wherever we have a more urbanized area or an area where we have a lot of on -street parking that doesn't have the turf blocks, we can certainly incorporate that into future projects; we can do that from the beginning. Chair Gort: But I'd like to see the area they have -- affected, which I get complaints every day to do something immediately. Mr. Spanioli: Okay. Chair Gort: Okay? Mr. Spanioli: Yes, sir. Chair Gort: Thank you. Mr. Spanioli: Thank you. Chair Gort: That's it for me. END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING AUDITOR GENERAL'S SALARY. 14-01124 E-Mail - Discussion Item.pdf 14-01124 Back -Up Documents.pdf 14-01124-Submittal-Ted Guba-Auditor General Salary and Benefits.pdf DISCUSSED Direction by Commissioner Sarnoff to bring this item back as a Resolution on the January 8, 2015 Regular City Commission Meeting. Chair Gort: Commissioner Sarnoff? Commissioner Sarnoff Thank you, Mr. Chair. First thing I'd like to talk about is the auditor and the Auditor General. I believe that we appointed the Auditor General back in May 7 of City of Miami Page 103 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 2012. Commissioner Suarez: (UNINTELLIGIBLE) Commissioner Sarnoff Oh, okay. Commissioner Suarez: Thank you. Commissioner Sarnoff So let me --171 say what I'm going to say, and then, Mr. Auditor, you're welcome to come in as you'd like. We were going to revisit his contract in 2013; I think in '13; it may be for obvious reasons. I don't think we were quite financially where we should have been. But we had made a promise to him that we'd look at it. If you look at what he has turned around, meaning the number of audits he's brought, the amount of recovery he's brought, I believe it's over $7.7 million. So as Teresa -- excuse me -- as Commissioner Suarez would say, "The net return on our investment would be a pretty good net return." Commissioner Suarez: Also known as "Teresa." Commissioner Sarnoff I don't know where that came from. Commissioner Suarez: (UNINTELLIGIBLE) Commissioner Sarnoff We'll leave it there. Commissioner Suarez: Yeah, please. Commissioner Sarnoff So I looked at where our prior Auditor General was, and I even compared it to a number of other Auditor Generals. So the previous Auditor General that we had here was making 183, 000. Our current Auditor General makes 145, 000. The previous Auditor General was given a 12,000 car allowance. This one gets 8,400. The previous Auditor General also had a $20, 000 deferred compensation package. This Auditor General gets nothing. The retirement of the previous Auditor General had netted out to about $49, 000. This Auditor General gets about $11, 600. Vacation, sick days, he gets 30 days. I'm not suggesting we should change that. The previous Auditor General doubled that number. To put it in perspective of today's Auditor Generals, if we look at comparable cities or comparable places, Fort Lauderdale is 184,000 of just salary; the Miami -Dade Auditor General, 176,000; Auditor General of Broward, 206, 000; Auditor General of -- I'm sorry -- the main Auditor General of Miami -Dade, 223, 000. I can keep going. Even the Auditor General of FIU (Florida International University) gets $167,000. I'm merely suggesting that we fulfill a promise we made, which was to relook at his salary a year after his particular hiring. And I'm going to throw something out that I think would be fair, which would be that we raise him to approximately $175,000, which would still be on the lowest end of any Auditor General I've recited to you from any city of comparable size; still be significantly below that of the previous Auditor General, and I'm just suggesting that that's something I think we should look at. I realize there's not a full Commission here -- Chair Gort: Yeah. Commissioner Sarnoff -- but I think it's something I just want to bring your attention. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Just briefly to echo some of Commissioner Sarnoffs comments, I think Mr. Guba's done a phenomenal job since he's been here. He's been a pleasure to work with. City of Miami Page 104 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 He's obviously done a great job from the perspective of identifying funds that we could have gone after and we'd been very successful. And that's one of the things that when I spoke to the City Attorney about increasing her budget, I told her that's the way you have to look at it, and the Department of Justice was my example. There's an Attorney's Office down here in Miami that is a net revenue generator for the Federal Department -- for the Federal Government. So, I mean, I think I'm -- in terms of job performance and in terms of what he's -- the value that he's brought, certainly, it's justifiable. I think we should have a full Commission. I think, you know, it -- do [sic] I struggle with it is with relation to our employees. Where I struggle with it is with relation to my staff. For example, I have a chief of staff who is, you know, a University of Florida Law School graduate; you know, Law Review, you know. Commissioner Sarnoff Do you hold it against her that she went to the University of Florida? Commissioner Suarez: I do not. Commissioner Sarnoff Okay. Commissioner Suarez: As a matter of fact, that's a -- in my particular office, that's a positive. I did hold it against my former chief of staff who was a Northwestern Law grad, but, you know -- and she only gets paid 80,000, you know. And I think he took the job certainly not thinking that, you know, this was going to be a major moneymaker in the sense that -- I think everyone who works in the City understands that you're taking a discount, you know, and they're doing it in part because, to use the terminology, `for the love of the game," you know, because of you know, their passion, hopefully, for public service. So again, those are my comments now. I think we should have a full Commission to make a final decision. Maybe you should come up with a term sheet like we normally do, and then have it all there in front of us to easily analyze it. Commissioner Sarnoff I will do that. Commissioner Suarez: Thank you. Chair Gort: Okay. Commissioner Sarnoff The next Commission, Mr. Chair, can we put on a discussion of the Auditor General's compensation package, and with the opportunity to actually take action? Chair Gort: Yeah. I don't think it should be a discussion item. Commissioner Sarnoff Right. Chair Gort: I think it should be an item that should come to a vote, and then we have the full Commission, we vote on it. Also, at the same time, I'd like for the Auditor General to come up with a plan that he's -- I know we had a plan that he put together what he was going to perform last year, what he's going to perform this year, and to understand that the -- my understanding is the -- he works for the whole Commission, for all five Commissioners. So you come here, you present your plan in here, and my understanding is any one individual Commissioner that want to -- gives you an order for you to do, an audit to do, it's got to be done here out of the dais. Okay? That's my understanding. All right? Okay, just bring it back next -- with -- Commissioner Sarnoff Could we bring it back in January? Chair Gort: Yes. Commissioner Sarnoff. Okay, thank you. Chair Gort: Okay. City of Miami Page 105 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 D2.2 14-01125 DISCUSSION ITEM DISCUSSION ON THE "EYE ON THE BAY" PROJECT LOCATED AT THE FEC SLIP. 14-01125 E-Mail - Discussion Item.pdf 14-01125-Submittal-Commissioner Sarnoff-Eye on the Bay Project.pdf DISCUSSED Commissioner Sarnoff The other discussion item, Mr. Chair, is something -- Eye on the Bay. And the reason I'm bringing this up, 'cause we don't get to talk to each other; we don't get to give each other our vision for downtown, or even Museum Park, or anything along those lines and somebody had proposed that they wanted to bring Eye on the Bay. And I think -- I hope we've given you copies of what that looks like. And then I'm told or at least we were told that there are other Commissioners that support this. And all I'm suggesting is I don't support this. I'm not in favor of this, but if somebody wants to go on the record and is having phone calls or conversations with somebody about putting something on a park in downtown, then let's have the debate publicly. Chair Gort: Look -- Commissioner Suarez: What are we talking about? Chair Gort: The individual -- Commissioner Sarnoff Eye on -- Chair Gort: -- came to me, and I told him I don't think the ideas were feasible. First, he wanted to put it at the Museum Park; then he talked about the area that you show. I told him I didn't think there was a possibility to do it there. Commissioner Sarnoff And really, what I was trying to do, candidly, was be public about this and say to anyone out there, I'm not in favor of Eye on the Bay. I'm not in favor of putting anything in the park -- I shouldn't say "anything"; anything of any kind of magnitude like that -- and if there is a Commissioner that is having conversations about this, go on record and let us know that that's something that you -- it's your vision; I'm not saying it's yours. Commissioner Suarez: No, no. Commissioner Sarnoff But what I am saying is, if there's a Commissioner having conversations, come forward. Commissioner Suarez: Well, let me tell you that this is the first time that I see this. I've heard of concepts like this before, much more conceptual in terms of like the idea, and certainly, never really seeing it across the actual slip itself, which kind of defeats the purpose of the slip, because you can't park a boat there if you block access to it unless it's a submarine, which, you know, I suppose you could bring a submarine in there. But the gentleman who -- this company made an appointment to meet with me next week, so I guess I'm going to find out more about this concept. And I know Mr. Smiley, who is not here, constantly, or not constantly but his -- Chair Gort: He's here. Commissioner Suarez: Is he? Are you there? I know you're going to be asking for my calendar, so it'll be on there, okay, unless I cancel it, which I'm considering doing right now. City of Miami Page 106 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 D3.1 14-01093 D4.1 14-01040 Chair Gort: I think (UNINTELLIGIBLE). Commissioner Sarnoff. No, not at all. No, no, no. I just thought it was a way of public -- 'cause we don't get to talk to each other, and if that's somebody's vision up here, let's debate it, you know. But it's not my vision and I -- but when you hear the person respond to you on the phone, "Well, I've spoken to your other Commissioners; they're all in favor of it" -- okay? If you're in favor of it, go on record and say, `I'm going to promote this, " and let's have a debate about it. Commissioner Suarez: I have not spoken to anybody by the way. Commissioner Sarnoff. No, and I'm not suggesting it's you. Commissioner Suarez: Yeah. Commissioner Sarnoff. I don't think it's anybody, candidly. Commissioner Suarez: Probably not. Commissioner Sarnoff. I think it's what you call "puffery" from a guy that wants to do something. Chair Gort: He came to my office and I said to him, `I don't believe you can do it in downtown; we have a Museum Park." He talked about the channel that he -- I says, `I don't think the district Commissioner would not really appreciate it, " and my suggestion was "Why don't you look at Virginia Key? Maybe something there can work out." Okay, that's it. END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM UPDATE REGARDING DISCUSSION ON IMPROVING THE CAPITAL IMPROVEMENT PROJECT (C.I.P) PROCESS. 14-01093 CITP Baseline Proj. Schedules.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING A TRAFFIC MANAGEMENT PLAN. 14-01040 E-Mail - Discussion Item.pdf City of Miami Page 107 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 D4.2 14-01083 D4.3 14-01117 D4.4 14-01084 DISCUSSED DISCUSSION ITEM DISCUSSION ON CORAL WAY MEDIAN BEAUTIFICATION PROJECT. 14-01083 E-Mail - Discussion Item.pdf 14-01083-Submittal-Mark Spaniolli-Coral Way Medians Presentation.pdf CONTINUED Note for the Record: Item D4.2 was continued to the January 8, 2015 Regular City Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING THE FLORIDA FOURTH DISTRICT COURT OF APPEAL'S OCTOBER 15TH DECISION IN THE MATTER OF CITY OF HOLLYWOOD V. AREM RE: REDLIGHT CAMERAS. 14-01117 E-Mail - Discussion Item.pdf 14-01117 Back -Up Documents.pdf CONTINUED Note for the Record: Item D4.3 was continued to the January 8, 2015 Regular City Commission Meeting. DISCUSSION ITEM DISCUSSION REGARDING CHARTER REVIEW COMMITTEE: • SUBMISSION OF PERIODIC REPORTS BY COMMITTEE TO CITY COMMISSION • SUBMISSION OF CHARTER REFORM IDEAS BY COMMISSIONERS • SUBMISSION OF CHARTER REFORM IDEAS BY ADMINISTRATION • CHARTER REFORM TOWN HALL MEETINGS IN EACH OF THE FIVE (5) DISTRICTS 14-01084 E-Mail - Discussion Item.pdf DISCUSSED Chair Gort: D4.1. Commissioner Suarez: I'll try to be as quickly as possible -- as quick as possible. One, we've already talked about. D4.2, I'd like to defer to the next meeting. D4.3, I'd also like to defer to the next meeting. D4.4, just wanted to bring a couple of things to the Commission's attention regarding the Charter Review Committee. One is that the Charter Review Committee will be submitting periodic reports to the Commission on its work. The second thing is that the Charter Review Committee has requested -- and Mr. Chair and Commissioner Sarnoff, if you can listen to City of Miami Page 108 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 this, it's important. I wish the two other members were here, because this involves them -- that to the extent that there are any ideas that come from the Commissioners that they can be submitted, if possible, as quickly as possible -- maybe by the end of January so that the Charter Review Committee, which is a panel of experts and legal experts can digest the ideas, can turn them into legislation if they're just at the idea phase, you know, vote on them and then bring them back to Commission for final vote. And so I may circulate an e-mail (electronic) just requesting this in writing and kind of putting some sort of a date, like maybe the end of January or middle of February, because we do have a kind of a tight timeline if you want to get some of these things on -- believe it or not, it's actually quite tight of a timeline if we want to get things on the Presidential primary of 2016. When you start working backwards, you actually -- it's a lot tighter than one would think. Chair Gort: So your goal is 2016? Commissioner Suarez: That's what I think the Commission had stated. So I mean, I -- we're going to try to work with the Commission's timeline. If we can't make it, we'll tell you. Chair Gort: I think you do need time. Commissioner Suarez: Yeah. Chair Gort: One of the thing that I've asked the Administration is, as they go to their -- through the different departments, I suggested the director of the departments can come up with the -- also a request; what changes they believe can be done in the Charter to improve their services. Commissioner Suarez: That's the next one, so you just -- you kind of jumped ahead there and so the Review -- Chair Gort: Sorry. Commissioner Suarez: No, no, it's okay. The Review Committee also suggested and asked that the Administration also advance any sort of Charter reforms. And I know over the last five years, there have been many instances where they felt the Charter needed to be reformed to make it -- make their jobs easier, more fluid. The committee would like to have town hall meetings in each of the five Commission districts, and I know this is kind of peculiar, but some of the committee members requested that the Commissioners not attend the meetings. Chair Gort: That's fine. I don't have a problem with it. Commissioner Sarnoff Reprehensible. Commissioner Suarez: So -- Commissioner Sarnoff That is not -- Commissioner Suarez: -- I told them that I'd be more than happy to not attend my -- the meeting in my district. So I hope no one takes offense to that. Then the last one was we have a board member who is also a candidate for office, and so there was an issue regarding whether or not that person needs to resign from the Charter Review Committee. The City Attorney has since opined that -- well, it was initially opined that we could waive that situation, condition or whatever. Apparently, the City Attorney has now opined that that is not waivable. So that person, who was represented by counsel, submitted a counter -opinion to the City Attorneys Office, which I presume that they're going to review and come to some sort of a final determination, if they haven't already. City of Miami Page 109 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Victoria Mendez (City Attorney): Right. We're still working on it. I think we sent an initial -- we disagree with counsel's position, and it's just because of the plain meaning of Section 16-6, unfortunately, it says that the minute you open a treasury account, you're not allowed to really be on a board, and the legislative language that went with it when it was first created -- Commissioner Suarez: Right. Ms. Mendez: -- is what, you know, led to that. However, there is -- there are remedies if there isn't a campaign account, which is what triggers that -- Commissioner Suarez: Sure. Ms. Mendez: -- so if the campaign account is closed, then that, you know -- Commissioner Suarez: Yeah, I -- Ms. Mendez: -- resolves the issue. But we're still delving -- Chair Gort: Let me ask you a question. When was that changed? 'Cause I remember when I was a member of a board, I was asked that -- I had to resign effective the day of the elections; in other words, yes, you have a letter of resignation that takes effect the day of the election. Ms. Mendez: Right. Chair Gort: But the person could stay on the board. Ms. Mendez: It doesn't apply to the Commissioners because it's board members. It's never been taken to apply to a Commissioner, so you can resign effective -- in the future. Commissioner Suarez: I'm pretty sure that when I was named by an illustrious Commissioner who's on this dais to the Orange Bowl Restoration Committee -- no chuckle necessary -- I thought I had to resign by the qualing. But, look, the point is -- Ms. Mendez: Right. Commissioner Suarez: -- that there's this question out there, andl think it needs to be resolved as quickly as possible; certainly before the next board meeting, if possible. So please get on that and see if you can come to some -- by the way -- Ms. Mendez: Right. We -- Commissioner Suarez: -- I also have a Board Member from my district who is technically a candidate for my district, even though he may or may not qual -- Ralph Rosado. He's technically a filed candidate in my district. I don't know if he's going to qualifir to run against me or not. I don't think he is, but, I mean, based on statements he's made in the media, but nevertheless, I mean the -- he's -- I appointed him to a board, and so I -- he's also in limbo. Ms. Mendez: Right. This affects three -- at least three people. Commissioner Suarez: Okay, so let's get that resolved. D4.5 DISCUSSION ITEM 14-01266 DISCUSSION REGARDING THE CREATION OF A MARINE STADIUM TRUST. City of Miami Page 110 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 14-01266 Draft Ordinance.pdf DISCUSSED Commissioner Suarez: Four -point -five, Mr. Chair, if may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Four -point -five really should come as no surprise to anyone. When we voted a couple of years ago to give the Friends of Miami Marine Stadium an MOU (Memorandum of Understanding), I said that there was a white elephant in the room, or an 800 pound gorilla, or whatever the right analogy is, which talked about the governance structure. There was always this notion that, somehow, at the end of this whole process, Friends would end up with some sort of a long-term lease. I don't know where they got that perspective, but that was never represented to them, certainly. And I had mentioned back then the concept of having a trust to manage the assets, similar to what we have in Bayfront. And as we know, we have two past chairmen of the Bayfront Park Management Trust in Commissioner Sarnoff and Commissioner Carollo, who have -- they've been good stewards of the Trust. And we have a situation now where we have a trust with a $2 million operating budget that has $5 million in reserves, which is -- maybe even more, maybe -- how much; what are they up to now? Commissioner Sarnoff Six -- well, Tim knows, but it's in its -- isn't it 6-point -- no? Lower? It just depends upon how you count; one is one. Daniel J. Alfonso (City Manager): What's -- a third reserve account. Timothy Schmand: Okay. Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. We have $5.2 million in the bank. Commissioner Suarez: Accepted, 5.2, for my point, which is, basically, they have 250 percent in reserve. Even if it's more, I think my point is well taken, which is essentially that it's an entity that has a good financial perspective. My idea is very simple. It's simply to manage the Marine Stadium in the same form and fashion. The Trust document is almost identical to the one that is created for Bayfront Park Management Trust. The only difference is essentially that the board members are composed of people that would be interested in managing the Bayfront Park Management Trust -- I'm sorry -- the Miami Marine Stadium Trust -- which would be each Commissioner having an appointment, so that's five; the district Commissioner -- in this case, it would be Commissioner Sarnoff would be the de facto chair of the committee, unless you think it should be the Mayor, which I've spoken to the Mayor about, as well, and he's -- he said he would accept that. The Mayor would have an appointment; that would be six. I think the district County Commissioner should have an appointment, because they have the largest single investment in the stadium right now, which is seven. The National Registry for Historic Places or the National Trust for Historic Places should have -- they're currently holding money in escrow for the rehabilitation. I obviously had Friends of the Marine Stadium as the ninth seat, you know, assuming they survive, and Don is here, and we talked a little bit about it as an entity; you know, that would make sense. But there's been since two entities that I had in one of my original drafts thatl think would merit consideration for a loth and an 11th seat -- it would still be an odd structure -- and that's the Dade Heritage Trust and the Urban Environment League, simply because of the environmental sensitivities involved in developing a property on the waterfront. So that would make it 11 seats, an odd number. I also talked to Mr. Schmand very, very briefly, and I won't belabor it too much, 'cause I know his chairman isn't here, and I think it'd be more appropriate to have the discussion with his chairman here. Chair Gort: Sure. Commissioner Suarez: But I think economies of scale would dictate that it would make sense for him initially to manage the trust while it gets off the ground. Obviously, he would have more City of Miami Page 111 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 responsibility, so he'd have to be paid. And my idea was that the Trust would initially be funded with seed capital from the Bayfront Park Management Trust and their reserves for operations in the first few years. So what has to happen in the first few years? Obviously we -- the Manager is working with the boat show. Mr. Alfonso: Well -- Commissioner Suarez: Do you have any update on that, Mr. Manager? Mr. Alfonso: Yes, Commissioner. We can certainly talk about that, and I would hope that our discussion with the boat show and the progress that we're making on there is not held back by this; that we move forward. Commissioner Suarez: On the contrary -- Mr. Alfonso: Okay. Commissioner Suarez: -- I think it would be to the extent that this would interplay with that, there would simply be an assignment of the landlord at most -- I'm sorry -- of the event holder or whatever, something like that. Mr. Alfonso: Right. My point is we continue on the track of January 8. What we're going to bring to this Commission is an agreement -- Commissioner Suarez: Absolutely. Mr. Alfonso: -- for the boat show, and to the extent that this ordinance or whatever would take place later on, that would be -- Commissioner Suarez: Absolutely. And by the way, I don't expect there to be any decision today; I just want to make that clear. Mr. Alfonso: Or on January 8. Chair Gort: I'm not ready to make a decision today. Commissioner Suarez: Of course not. And we don't have a full Commission, and I don't think it would be fair to expect anyone to make a decision. My issue is, look, obviously, what happened, happened, and we need to pick up the pieces. And I think this is a way to move forward where -- all the Commissioners who are up here today, we've demonstrated in the last few meetings that we work extremely well together, and that there's strength in the unity of this Commission. And I think that this is something where everyone can feel invested in this process. We can bond out the money that is captured through the event contract with the boat show; that can be used for restoration of the stadium. I agree with Commissioner Sarnoffs point in the other meeting that there needs to be an RFP (Request for Proposals) for whatever commercial component there is, and potentially a referendum. I don't know how that would work itself out, but I think the fact that there had to be a governing structure -- this notion that we were going to give out a hundred -year lease was just crazy, and to have a board of interested parties that care about preservation, and preservation of the stadium, that are focused exclusively on the health of the stadium has obviously worked throughout the City; it's a model that's worked. I don't know why the Friends never took that idea seriously. Maybe they had other ideas that they were convinced were going to work, and, clearly, they didn't, but I thank Mr. Worth for being here, and I know that him and I got a chance to speak, and other people have come and reached out to me to speak on this issue, and I'd be more than happy to meet with anyone who wants to meet with me on this idea. I think it's very simple, and I think it gives us a path to move forward quickly. City of Miami Page 112 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Chair Gort: Now let me -- do you want to say anything. Commissioner Sarnoff First off, I like a lot of what Commissioner Suarez has to say. Let me supplement what he said, 'cause I don't want to amend anything he said. And we say a lot of things up here sort of in the heat of things, and so I just want to put this on your plates so you can cogitate on it. You know, the Bill Sadowski Reserve is right there; pretty sensitive wildlife preserve. And what I'm going through in my mind right now is: What is this venue going to look like the 350 days a year that the boat show is not going to be there? 'Cause I don't want it to look anything like it looks like right now. And I just ask you guys to think about: What do we want it to look like in February, March, April, May, June, July? What could we be doing out there to make it recreational? You certainly want to, if possible, preserve Marine Stadium and enhance it. What commercial component are we willing or not willing to have? What is the impact of that commercial component, including the boat show, to the underlying basin area and the Bill Sadowski Reserve? 'Cause I -- not that I've done a 180 on this. I haven't. And I have every reason in the world to want the boat show. I'm a maritime lawyer. I mean, you want to have a boat show in Miami. I just ask you all this: Just think of it the days that it's not a boat show. What should it look like? Commissioner Suarez: And I would say -- if you don't mind Mr. Chair, so we can wrap this up. You know, one idea that I always -- I don't know why for some reason I haven't been able to get through to the owners of the Miami Seaquarium or the supposed new owners of the Miami Seaquarium, because they're supposedly a Spanish company that's buying the Miami Seaquarium. But one thing that would be interesting is if there would be some sort of cohesive use, like, for example, a dolphin basin or something like that where children can come and interact with dolphins, and that's something that -- Why are you laughing, Mr. Manager? It's a good idea. Mr. Alfonso: I love dolphins. Commissioner Suarez: Okay, good. That's what I figured; I thought you were a football fan. But -- no, seriously -- Mr. Alfonso: Actually, those Dolphins aren't very good. Commissioner Suarez: Oh, okay. Commissioner Sarnoff Ouch. Commissioner Suarez: Yeah, yeah, we'll leave it at that. Commissioner Sarnoff Last game, that didn't -- Commissioner Suarez: Yeah, it's the last agenda item, so I know people are getting a little weary. But, look, I think that that's something that -- you could have dolphin shows there. I mean, there's a lot of things that you can do that are low -impacting on the environmental component, which is why I think it's good to have a UEL (Urban Environmental League), you know, as a board member. Chair Gort: Let me tell you, I think the -- some of the ideas are very good; I agree with some of them. The appointment of the boards, I have my doubts on that, and the reason being the individuals in the Trust have been working on it for seven years, especially the -- Mr. Worth. My understanding is, people, if they want to give funds, then I think they can get the money necessary to rebuild the Marine Stadium, and it has to be a not -for -profit; it's got to be recognized. There's a lot of people that'll want to give a lot of money to a government institution, City of Miami Page 113 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 so that's something that we need to look at it and I'll let Don go over the deposits. Don Worth: Sure. Thanks very much for the opportunity to talk. I'm Don Worth. I'm a resident at 1390 Ocean Drive, and I'm really speaking for myself and not any other organization. And I appreciate the chance to learn more about this. I think, as you all know, I did not approve at our board meeting the plan that was presented to you three weeks ago; it's why I wasn't here. And I also don't have any preconceptions about who has to run this thing. My main concern is it gets up and running. I just caution you not to make the same mistake that the City made a half a century ago when this building was open. It was open to great fanfare, but there was not really a business plan or an operator in place. So the City operated it, which is, I assume, something you don't want to do again. Chair Gort: Yes, sir. Mr. Worth: And basically, as many great memories as there were, it didn't work out financially very well. So I think the key to this whole thing, the whole thing, where you have to start is getting the right operator. You get the right operator; the rest of the dominos will fall in place. You don't get the right operator, I really don't know if we have a project here at all. And I'd just like to tell you why I think that's important. The experience of our group, Friends of Miami Marine Stadium, trying to find an operator, and what you should do, which, by the way, I think is to do an RFP on an operator immediately. An operator will inform everything you do. The architecture authorization that you approved this morning, you really need an operator to help define things like what the dressing rooms are going to be like, what the concession areas are going to be like. Your very important point, Commissioner Sarnoff, the other 350 days a year, it's the operator who's going to know what other types of events are there; what surfaces you really need. People have pointed out to us that we failed at fund-raising. We did. But we failed really for a more basic reason, which is that we weren't able to locate an operator, which is the foundation of any fund-raising plan. So when you're sitting in front of a philanthropic donor, or a corporate naming rights sponsor, and after you've gone through the pretty renderings, the next question they say is, "What's going to happen to my investment in five years? Who's behind this? What are your plans? How is this going to work?" If you can't answer that question, you're really nowhere. So what you should know, what we did -- it'll just take me another minute. Chair Gort: Yeah. Mr. Worth: -- we spent four years working with a particular organization who we thought was a perfect fit for an operator, and there was an assumption there that there would be a significant amount of dollars. And we also had a backup, which is why, a year ago, when I was at a Miami Sports & Exhibition Authority meeting, I spoke very confidently of our ability to raise the money. Well, let's just say we spent too long at the dance with the same partner, didn't realize it till it was a little late, so we scrambled. I'm very comfortable saying now I'm very pleased with the prospects I'm seeing now, but rather than take my word for it -- 'cause I've said optimistic things before -- let's find out. I think you should do an RFP immediately. It doesn't have to be that difficult. Look at the model for Bayfront Park Trust; you did it eight years ago. You look at the Miami Beach RFP that they did it eight and a half years ago for the Fillmore. You have a model of a contract. Get it out there, let everybody bid on it, and I guess the time concern I have is if this is waterfront property and it has to go to referendum, then you really need that information by the November meeting. I really believe when we get that operator -- and I think we can -- a lot of these other things will become clear. And I'm perfectly happy and thrilled to work with the City on an individual basis or a group basis. We want this to happen, but we got to do it the right way. Thank you. Commissioner Suarez: And I think, Mr. Chair, ifI may just say -- 'cause I -- it's really touches both what you said and what Don has just said -- at the end of the day, we need to instill a City of Miami Page 114 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 process that instills confidence, because if you -- you're going to go to a major philanthropic donor, as you said -- Chair Gort: Right. Commissioner Suarez: -- they want to know that whatever's in place -- and I've had big -- I'm sure you've had the same conversations -- people say, "Look, we just -- we're willing to give money, we're willing to give a good amount of money. We just want to make sure that our investment's going to go to" -- and that's the reason why I proposed this model, because this model has a successful track record, okay? Commissioner Sarnoff. The only thing is you're going to need a 501(c)(3) component that somebody has confidence in that on a bad day -- Chair Gort: Yeah. Commissioner Suarez: Yeah, okay. Commissioner Sarnoff. -- the City of Miami will not dip into that money. That's what any investor wants. Chair Gort: Right. Commissioner Suarez: But -- okay, I don't think that's necessary personally, but you're saying the 501(c)(3) is necessary for tax deduction purposes, and maybe it is, and maybe you're right. Chair Gort: That's right. Commissioner Suarez: Maybe that is necessary for fundraising and tax deduction purposes. That's not a big deal to do, though. But I think that's a secondary part in my opinion to having a well run -- Commissioner Sarnoff Look, we're also making a great big assumption here, and we're doing it with our hearts, not with our heads. The great big assumption that we're making is that this stadium will succeed. And what he is saying is, "Let's find out what the appetite is for the private sector. What is it going to take? How would you operate this? How much do you -- is it 20 million; 50, 60 million? Do you put" -- I remember Hilario being very big on this -- there's got to be this new press box up top. Do you need a new press box? Do you -- somebody with expertise is going to tell us what an outdoor venue is going to be like. And to be candid with you, there is a person that has some expertise out there -- Tim Schmand -- who will tell you how difficult it has been to sell his venue on the outside. And thank goodness, I think when I was the chair, we actually got Live Nation's contract. And Live Nation would like to chew its right arm off that it write -- it wrote its pen to. They want out of that contract in the worst way. As a matter of fact, they visited the idea of going bankrupt to get out of that contract. Now, luckily, they have not done that and they will not do that. But the Trust board should be looking at when that $600,000 a year -- $700,000 a year contract is up. Tim could tell us better than anyone else. I mean, I'm little older than you. It was acceptable for me at 21 years old to be outside with mosquitos. I don't know if a 21-year-old today wants to be outside with mosquitos. You're always going to have mosquitos out there. You're always going to have some drawback to being an outdoor venue. So I'm not saying you don't do it, but I'd like to hear somebody from the private sector say, "This is what you do, this is why you do it, and this is how much you do." Commissioner Suarez: Yeah, and that's fine. I don't think that's inconsistent with what I'm proposing. What I'm proposing is simply a model for how you're going to govern the asset, because at the end of the day, giving a hundred -year lease, to me, to a non-profit entity made no City of Miami Page 115 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 sense. Commissioner Sarnoff But I think he's saying before you do that, find out what the value of that asset is. Mr. Worth: I think -- I really think it's the first step. We've got to see -- I mean, I think there are folks; I do, but let's not have me say that. Let's find out for real, and then, depending on what the plan is, let's craft the type of agreement that you suggest. Commissioner Suarez: Yeah. I mean, mine is not so much an agreement as it is a governing structure, but I don't want to quibble over the fine points. Chair Gort: Let me tell you, we asked the Manager to negotiate with the -- Commissioner Suarez: Boat show. Chair Gort: -- for the boat show and to come out with a plan to restore the Marine Stadium, which is very important. I think the Manager is hearing what we are discussing, and I think he needs to take those things in consideration in his development, and then come back on the 11 th and I think -- I'm sure you all met with the people from the boat show. They're very happy with the work they're doing with the Administration. And at the same time, if I recall, way back, about two or three years ago, we talked about -- and you were part of that committee where we talked about the -- they're going to need -- Marine Stadium is going to need an additional moneymaker, but what that moneymaker is going to be is a lot different from what's brought to us, so that's the difference. Commissioner Suarez: Yeah. Chair Gort: At the same time, the private donors and the people that want to make the donations, they want to make sure whatever money's in there, we, the City, cannot tap it. And that's -- Commissioner Suarez: Of course. Chair Gort: -- part of the -- that we have to do. Mr. Alfonso: Okay. Chair Gort: Yes, sir. Mr. Alfonso: Yeah, I just want to set expectation. We're talking about an RFP to develop -- to come up with the operator, et cetera. What I'm trying to say is simply that all of that will not happen by January 8. Chair Gort: Of course. Mr. Alfonso: And we're on a very tight timeline for making sure that the boat show gets going, because there's a lot of work that needs to do in that park, and the green space, et cetera, so that it can be ready for a boat show. So we will come in January 8 with a proposal on how to get the boat show going, and then we can work on the second phase -- Chair Gort: Sure. Mr. Alfonso: -- which is government structure, RFP, et cetera, et cetera. City of Miami Page 116 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 NA.1 14-01300 Commissioner Suarez: And just the fact that you have the boat show is a huge indication that there is viability to the stadium. I mean, if you have an event that's willing to come here at a net revenue generation of somewhere in the six or seven hundred thousand dollar range, unless those numbers were wrong when I first heard them, I mean, just that alone is a huge, huge -- Mr. Worth: It's caught -- Commissioner Suarez: -- shot in the arm. Mr. Worth: Correct. I mean, it's -- from the discussions I'm having, it's caught the attention of a lot of people. Commissioner Suarez: It's incredible, yeah. Mr. Worth: And some very important people. Commissioner Suarez: Thank you. Mr. Worth: And that's wonderful. Mr. Alfonso: And one good thing about that site: You probably can go more than 110 decibels. Commissioner Suarez: Yeah. Well, I was thinking that, too, but unless you're afraid of the mosquitos getting -- calling your office. Chair Gort: Okay. Anything else? Commissioner Suarez: No, that's it. Chair Gort: That's it. Do I have a motion to adjourn? Commissioner Sarnoff Wait, wait, wait. Merry Christmas, Happy New Year, happy Kwanza, happy Hanukah. What else? Chair Gort: All the "happy" above, yes. Commissioner Sarnoff All right. Thank you. Chair Gort: Thank you all. Have a good one. Thank you. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM STATE SENATOR RENE GARCIA PRESENTED AND REQUESTED SUPPORT FROM THE MAYOR AND COMMISSION IN PASSING City of Miami Page 117 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 LEGISLATION FOR FLORIDA MEDICAID EXPANSION DURING THE 2015 LEGISLATIVE SESSION, TO MAKE SURE WE ACCEPT THE FEDERAL FUNDS GEARED TOWARD MEDICAID EXPANSION FOR THE STATE OF FLORI DA. 14-01300-Submittal-Sen. Rene Garcia - Health Choice Legislative Session 2015 DISCUSSED Chair Gort: Mr. Mayor, you're recognized. Senator Garcia was sitting back there. I don't think he wanted to be -- Mayor Tomas Regalado: Thank you. Thank you very much, Mr. Chairman, Commissioner. You just heard the assistant superintendent with the priorities of the Miami -Dade School System in Tallahassee. I am sure that all of us believe that education and health are the main issues in the State of Florida. And today, I would like to introduce our State Senator, Rene Garcia. Senator Garcia has been an advocate for something that I believe every municipality and County in the State of Florida should fight for. It is the $50 billion in Medicaid dollars that the State of Florida should get, and we have not received it. In Allapattah, in the West Grove, in Little Havana, in Liberty City, in Overtown, in different areas of the City of Miami, we have people that do need Medicaid. We have seen the issues that we have with the Obamacare and the problems that the people are facing with the amount of dollars that they have to facilitate to access the medical system. So our State Senator is here to inform the residents of the City of Miami, through this public hearing, the City Commission, the Administration, of the need of that support. I would like to bring an item probably in January, while they are in committees in support of that, because we have look at this issue and it's paramount for the health in the State of Florida, and especially in the City of Miami where we have so many people that could be -- benefit by these Medicaid dollars. So it is my pleasure to introduce our State Senator. Chair Gort: Senator, you're welcome. Senator Rene Garcia: Thank you, Mayor. Chair Gort: Welcome to the City of Miami. Senator Garcia: It's great to see you, Mr. Chairman and Commissioners. It's just -- I have a little quick presentation here that I just think is important to try to bring you up to speed in what's going on across the country and as it relates to Florida in particular. But you know, Florida, unfortunately, has not decided to take on the issue of Medicaid expansion for the last three years, which is part of the Affordable Care Act. And I always tell members and people of the public, you know, it doesn't matter what side of the issue you fall on, whether you agree with the Affordable Care Act or you don't; it currently is the law, and Florida is in line to receive $50 billion to make sure that we cover health care for those individuals that currently do not have coverage. And if you see in the first slide, this is a great representation of the states that have accepted the dollars and those that haven't, and 24 states -- 27 states have already implemented Medicaid expansion. And one of the things that I want to point out to you, where it's not a Republican or Democratic issue, you have states like Ohio and Arizona -- and we know that Arizona has a very libertarian streak in it, very Republican conservative -natured system of government, and they have embarked on expanding and accepting these Federal dollars to make sure that they cover their residents. The next slide you will see -- you see what -- who are these people that we're talking is about. The reason that it's part of the Affordable Care Act is that there is a coverage gap, because currently, there's a segment of the population that is Medicaid -eligible and there's another part of the population that's eligible for the subsidies under the Affordable Care Act. The population that we're talking about that we want to try to cover under the Medicaid expansion, or the Florida Choice -- Healthy Choice program, are those that make too much money to be qualified for Medicaid and make -- yeah, make too much money to qualify for Medicaid and not enough for the Federal subsidies, so they fall in that City of Miami Page 118 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 coverage gap that they don't have any health care. So then -- Commissioner Sarnoff Can I ask a question? Senator Garcia: Yeah. Commissioner Sarnoff How could that be? Because what you just said is you obviously don't make enough money. You make enough money that you get subsidized. And then there's a gap that there's folks that don't make enough money and don't get a subsidy? Senator Garcia: Right, because it's income -based. You have to have enough money to be able to qualify to pay for your own health insurance, because the Federal Government assumes that the Federal -- the states were going to expand Medicaid. Now it's going to get -- capture them in that coverage gap and -- Commissioner Sarnoff This is the existence as a result of not passing the Medicaid reform. Senator Garcia: Correct, correct. Chair Gort: This one of the major problems we have in certain neighborhoods in the City. Senator Garcia: Right. Exactly, and that's why I'm here; just to try to bring a little bit of understanding of it. And then when we talk about that coverage gap -- and the misnomer is that, you know, it's usually this Medicaid population are people that are trying get a free handout from the government, but if you look at this next slide, 51 percent of the people that qualified for this new program are the -- are currently working, and 26 percent of them are currently disabled and are students, so it's not people that are not working, who are not doing anything; these are the working men and women that we all represent in our communities that it's incumbent upon us to try to help cover. The next slide is the economic impact to the State, and if you see -- you know, it's anywhere between 50 to $66 billion that are slated to come into the State of Florida. By us not acting, that means that that money is going elsewhere. And this is why I find it a little disturbing that this is taxpayer dollars that have gone to Washington DC (District of Columbia), are sitting in Washington and are slated to come back to the State, but because of political ideology and political fighting, we're choosing not to accept these dollars. Chair Gort: And these are money that have come out of our State. Senator Garcia: Absolutely. Chair Gort: And they're going to be distributed to some other place. Senator Garcia: Absolutely, and that's the issue that I always have with this is, you know, if this money -- by us not accepting this money, it would go back to the Federal -- back to Washington to pay down the Federal deficit, I say by all means; that's Florida's contribution. But that's not what's happening. That means that our taxpayers in this community are paying for the health care of Arizona, Mississippi, Ohio, and California. It makes absolutely no sense in my mind, anyway. I mean, I'm sure you get others that may argue to that point, but this is the issue that we have. So the next one just goes and tells you that, you know, 30 percent of the population here in Miami -Dade County is uninsured, and those are the people that we are looking to insure. And about -- and that comes out to about 700,000 people who are uninsured. And that doesn't mean that those 700,000 people will qualify for those programs, but it's just to point that out. The following slide talks to you a little bit about Jackson and the issues with Jackson. And one of the issues that I'm -- why I'm so passionate about this is that there's about a billion dollars that are coming into the State to help fund the uninsured population in this State. And as of 2015, that money might disappear. Jackson is the number -one recipient of those dollars. So if that City of Miami Page 119 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 disappears, that's going to put a big hurt on our public hospital, and that's why it's incumbent that we all come out and do this. So -- and then when we talk about the economics of this, if we do not want to look at the social implications of expanding it, by us expanding and accepting this $50 billion, you can see the economic impact to the State -- to Miami -Dade County over the next 10 years will be an increase of 23, 000 jobs. So if you don't want to look at the social implications of it, if you want to talk about the economic impact, it's 23,000 jobs that will be generated with an economic impact of about $9.5 billion in labor income, so that's extremely important to this community. So the reason that I'm here, Mr. Mayor and Chairman and Commissioner, is to ask for your help. I just need to make sure that you understand what's at stake by us not accepting these Federal dollars, and it's not just a tacit help. I really need to go out into the communities and talk to people and let them understand that if we do not -- do nothing, it's really going to put a hurt on our smaller businesses by them then trying to figure out how they're going to insure some of these people. So that's why I'm here today. And the proposal that's before us and in Tallahassee right now in the Legislature, we're working on different proposals right now. We don't know what's going to happen. We just really need the House to participate because it has to come from the House. Because the Senate and the Governor have approved it, but yet, the House of Representatives chooses not to play ball. So we need their help to make sure that this gets done. Chair Gort: Thank you, sir. Any questions? No. We'll be there to work with you. I've had a lot of individuals that have called me that they have that problem. They earn a little too much to receive the -- to be able to get the insurance and the subsidize from the Federal government, which they cannot get. So we'll be working. At least -- Senator Garcia: Thank you. Chair Gort: -- I will be working with you, and I'm sure most of the other Commissioners, too. Senator Garcia: I appreciate it. Thank you. Thank you for your time. Chair Gort: Thank you for being here. Senator Garcia: Thank you, Mayor. NA.2 DISCUSSION ITEM 14-01301 COMMISSIONER SARNOFF DISCUSSED THE BAYFRONT PARK TRUST AND THE NOISE LEVELS OF THE KLIPSCH AMPHITHEATRE, SPECIFICALLY REGARDING 1) BAYFRONT PARK TRUST NOT HAVING A DECIBEL REQUIREMENT, 2) NOT HAVING A CUT-OFF TIME AS DOES THE CITY OF MIAMI IN REGARDS TO THE CITY'S NOISE ORDINANCE, AND 3) CONTENT (PROFANITY) IMPACT TO THE SURROUNDING NEIGHBORS AND VISITORS OF THE PARK. DISCUSSED Commissioner Sarnoff I did have one really -- I will not -- the Kennedy bathroom issue, thanks to Commissioner Suarez, I think is in resolution. I think we have a temporary bathroom out there, so I will not discuss it. Commissioner Suarez: Fantastic. Commissioner Sarnoff And I believe the repairs are ongoing. I do have a discussion, Mr. Chair, about Bayfront Park Trust and the Eclipse Amphitheater noise levels. And I was receiving a number of phone calls from constituents, and I have them up here, and I'd be glad to share them. I -- although I did share them with Mr. Schmand, and there are a couple of issues with City of Miami Page 120 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 this. One, Bayfront Trust does not have a decibel requirement, meaning that they'll put it at any level they deem appropriate or inappropriate; two, they don't have a cutoff time as does the City of Miami with regard to our noise ordinance; and three, content. Now, content is ordinarily something you stay away from as a public official. However, nobody has paid the price of admission, meaning nobody has bought a ticket, Mr. Chair, to go into a concert and hear profanity, 'cause the words that they used simply were profanity. You know, there are some songs that talk about women's body parts and what you do with them, and the problem is these people who have homes up and down Biscayne Boulevard and have children, they have to listen to this. Now, I say again, they didn't pay the price of admission; they didn't pay the ticket to listen to this kind of words, music, acoustics. And it still is a City park, it still is a City venue, and we, as a policy -making body can decide noise levels, the City's noise ordinance, and can also determine whether we think it's appropriate for obscene language to be played at a City venue. And again, I would stress to each one of my Commissioners they didn't pay the price of admission, they didn't buy the ticket, they didn't go to Two Live Crew, or they didn't go to whatever it is being played to listen to those words. But their children are subjected to those words simply as a result of living on the venue. Chair Gort: Yes, sir, you're recognized. Timothy Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. We do have sound requirements. The sound requirements are decibels cannot exceed 110 when measured 60 feet from the stage. And we measure the decibels at all the shows that we do. With Live Nation, they're aware of the decibel levels, and when I talked to the representative of Live Nation about this very matter -- Commissioner Suarez: At 60 feet? Mr. Schmand: At 60 feet. -- he assured me that he keeps the sound at that level during the show. As to cutoff times, our cutoff times during the week are 11 p.m. and midnight on the weekends. As to the issue of content, we at the Trust have never decided on content. It's -- we didn't feel it was our position to do so; it may be yours. I don't think that the last two shows that Live Nation did featured inappropriate language; one was targeting a 'tween audience, the tickets were free, and it was part of a broadcast for MTV (Music Television) Europe and the other show was a electronic dance music show, and they very rarely say anything. So -- Commissioner Sarnoff So, Mr. Schmand, let me read what was written to me by a number of people; this is one of them: "Living on the 41st floor, the noise from the events at Bayfront Park can be loud enough to record from inside my unit with hurricane glass doors closed." I do have a copy of the recording; I'll get it to you. "The recent concert, 'Eclipse' made it impossible to have any relaxation on a Friday evening. The concert was in full swing until midnight. In my unit, feeling the vibration, and hearing blasting music, that made it challenging to even enjoy television. At the end of the day, it should be reasonable and possible to enjoy a reasonably quiet evening at home." So, you know, I'm telling you I'm getting these issues, andl don't want to play anything in the Commission till you've had an opportunity to say what you have to say, and then you can hear about what you do with a woman's body part and where you stick it, as to whether you think that's obscene. Now, I could listen to anything, Mr. Schmand; it doesn't really affect me. I don't have a four -year -old child; I don't have a three -year -old child. And if they want to go up to mom and dad and say, "What does that mean?" they can then explain to them what it is you do with those things. So I'm not trying to be a purveyor of what is heard, but on the other hand, if you invite so many thousand residents downtown to live, and they're going to bring their children, you do have to be careful what is broadcast. I know you don't want to be the arbiter of what is just and proper, but remember, these are non -ticket payers. These are not people that are choosing to pay the price of admission to listen to obscene gestures. Mr. Schmand: So again, you know, the Trust is not in a position to be the arbiters of that. If the City of Miami Page 121 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 Commission, you know, says that the Trust should be the arbiters of that, I think we'd have to go over it with the City Attorney to find out, you know, what would be appropriate rules. We have in our Code -- section of the Code a method of denying permits to people who wish to use the facility, and none of those are regulations that would allow that, speak to content, and, you know, it's that -- you know, that whole constitutional thing where, you know, is it -- you know, do you tell somebody they can't do something before they've done it if you don't know what it is they're going to do? And I think they call it `prior restraint," and I'm not an attorney, so I'm not sure, but I recall when these issues came up in the past, that's what we were confronted with. Commissioner Sarnoff Well, and my retort to you would be: If you are a fee payer, if you do purchase a ticket, the intention of which demonstrates your desire to listen to whatever it is you're about to hear. But if you're a non fee payer, non -license holder and this board politic is promoting -- 'cause it is a City park -- whatever is being broadcast -- I'll give you an analogy. One of your board members, Nathan Kurland, was upset, disturbed, sort of outraged -- and I think it was his word -- when, on the City of Miami MRC (Miami Riverside Center) Building, there was a beer commercial -- "outrageous "I think was his words that the City of Miami would put the morally reprehensible gesture of putting an alcoholic beverage on the City of Miami's skin, the MRC Building. Just by way of that analogy, is it appropriate for the City of Miami to be promoting what to do with a woman's body parts in a song? Wouldn't that have that same moral intemperedness [sicJ? Shouldn't we exhibit that same moral turpitude, that same moral temperance that we shouldn't put a beer commercial or a beer advertisement on our skin of our building; yet, we could broadcast to four -year -olds or three -year -olds or two -year -olds what to do with a woman's body part? Mr. Schmand: I'll imagine that question is rhetorical. Commissioner Sarnoff: No, I thought it was a little bit like your statement to me. Mr. Schmand: Right. Commissioner Sarnoff It's one tort decided -- Mr. Schmand: And I thought -- I recognized when I came down here for this discussion that this is the sort of discussion we were going to have, because this is not an easy issue for me to resolve or for you to resolve. And I wish that there was, you know, a sword that would come down and just decide the issue. But it's far more challenging than that. Commissioner Suarez: Mr. Chair, ifI may. Chair Gort: Let me give you a suggestion. Why don't you -- you have a board and you have a chairperson. Have your meeting -- and you've heard the discussion from this Commissioner -- and see if there's anything you can do about it legally. Commissioner Suarez: And by the way, I think there's another potential solution. For some reason, we got into the content issue rather than -- you know, obviously, the assertion is that they could hear the noise beyond a pretty substantial barrier -- right? -- which is hurricane proof glass. So that -- either they're complying with the noise standard of 110 decibels within 60 feet or they're not. So I think that -- they could be saying whatever the heck they want. As long as they can't hear it -- Chair Gort: Yeah. Commissioner Suarez: -- I think that solves the problem. So -- Commissioner Sarnoff Agreed. City of Miami Page 122 Printed on 2/4/2015 City Commission Meeting Minutes December 11, 2014 ADJOURNMENT Commissioner Suarez: Right. So I think, you know, if you have video evidence that the noise is being heard through that, I think you should share that with Mr. Schmand, and then he can address that with the promoter, and maybe this slipped through the cracks. I mean, that happens; those things happen. Commissioner Sarnoff And maybe this is the analogy, Mr. Schmand, as you were probably -- I know you were here all day, and I do apologize for that. Mr. Schmand: I enjoyed -- I enjoyed it. Commissioner Sarnoff I know; democracy at its best. Mr. Schmand: It really -- Commissioner Sarnoff Three guys running the City of Miami. Mr. Schmand: No, no, it's great. No, it's great. Commissioner Sarnoff But maybe the analogy I'd like to draw is, you know, we had two cans of paint up here; one permissible, one impermissible. Yet, the law said only one is permissible. Maybe we have the same thing here. Commissioner Suarez: Right. Commissioner Sarnoff Maybe we have a decibel level that isn't being abided by, because maybe you trust -- maybe -- that Live Nation or whoever you delegate your authority to is, as Commissioner Suarez is saying, ascribing to that decibel level. Maybe it takes a little more proactivity on your part, 'cause I'll tell you, if all you needed to do was close your door, your hurricane door and your kids are protected, I certainly get that. But if you close your hurricane door and your kids have to listen to it, I don't get that. Mr. Schmand: I had a discussion with Live Nation before I came, and I will have a further discussion with them, and we will come up with some responses to the concerns requested here today. Commissioner Sarnoff Andl appreciate that, Mr. Schmand. Mr. Schmand: And thank you. I always enjoy the discussion. Thank you very much. Chair Gort: Thank you. Commissioner Suarez: Thank you, Mr. Chair. The meeting adjourned at 6: 35 p.m. City of Miami Page 123 Printed on 2/4/2015