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HomeMy WebLinkAboutCC 2015-01-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, January 8, 2015 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 January 8, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 8th day of January 2015, 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 12: 27 p.m., reconvened at 3: 06 p.m., recessed at 5: 48 p.m., reconvened at 5:52 p.m., and adjourned at 6:33 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chamber at 9:12 a.m., Commissioner Carollo entered the Commission chamber at 9:37 a.m., and Commissioner Suarez entered the Commission chamber at 9:38 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: Good morning, everyone, and welcome to the January 8 meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Frank Carollo; Francis Suarez; Marc Sarnoff, Vice Chairman Keon Hardemon; and myself, Chairman Wifredo "Willy" Gort. At this time I'm going to ask you to stand for the invocation, and I'll have Commissioner Sarnoff for the pledge. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 14-01332 PRESENTATION Honoree Presenter Protocol Item Homeland Defense/ Mayor Regalado Certificates of Neighborhood Appreciation Improvement Bond Oversight Board - Board Members - Department of Capital Improvements and Transportation Program - Ralph Diaz - Robin Jones Jackson - Danette Perez J. Megan Kelly 14-01332 Protocol List.pdf Chairman Gort Proclamation City of Miami Page 3 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 PRESENTED 1) Mayor Regalado presented a Certificate of Appreciation to Capital Improvements and Transportation Programs to honor their valuable community service to the City of Miami Homeland Defense/ Neighborhood Improvement Bond Program Oversight Board. 2) Mayor Regalado presented Certificates of Appreciation to various individuals in association with the City of Miami Homeland Defense/ Neighborhood Improvement Bond Program Oversight Board, commending them for their dedication to civic responsibility and communal welfare. Furthermore, expressing gratitude for their commitment to elevate the quality of life in Miami, an oasis in the global community that owes its wonderfully unique character and vitality to the generosity and allegiance of these individuals: Mariano Cruz, Beba Sardina Mann, Albena Sumner, Gary, Reshefsky, Henry Goa, Henry Zayas-Bazan, Jami Reyes, Luis Cabrera, Luis De Rosa, Pablo Perez -Cisneros, Ralph Rosado, Bob Powers, Robert Flanders, Jason Manowitz, Roland Aedo, Walter Harvey, Ringo Cayard, Eileen Marcial, Carmen Matos, David Freedman, John Cunill, Ramon de la Cabada, Ricardo Lambert, Manolo Reyes, Nelson Alvarado, Omar Travieso, Manny Roche, Pierre Laurinus, Kay Hancock Apfel, Hattie Willis, Guillermo Martin, David Willig, David Berley, David Marko, David Kubilium, Charisse Grant, Ola Aluko, Elaine Black, Danette Perez, Robin Jones -Jackson, Ralph Diaz, and Marcia Lopez. 3) Commissioner Gort and Mayor Regalado presented a Proclamation proclaiming Thursday, January 8, 2015 as J. Megan Kelly Day, Executive Vice -President of Swire Properties, paying tribute to her work as an outstanding executive and community leader; recognizing her passion for Miami's history and community combined with her vision and service that makes Miami a great place to live and work, furthermore honoring her outstanding professional achievements. Chair Gort: At this time we'll have some proclamations. Mr. Mayor, you're recognized. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Chair Gort: Do we have any minutes to be approved? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the Planning & Zoning Meeting minutes from October 23, 2014. Chair Gort: Do we have a motion? Commissioner Carollo: So move. Chair Gort: Been moved by Commissioner Carollo. Do we have a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Is there any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. City of Miami Page 4 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 MAYORAL VETOES ORDER OF THE DAY END OF APPROVING MINUTES NO MAYORAL VETOES Chair Gort: Okay, Mr. Manager, we do have a quorum at this time and (UNINTELLIGIBLE) -- do we have any Mayor's veto? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Okay, Madam Attorney, will you go over the procedures? Victoria Mendez (City Attorney): Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 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 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 outburst in support or opposition to a speaker or his 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 aides and services for this meeting may notifir the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Mr. Manager, you're recognized. Daniel J. Alfonso (City Manager): Good morning, Mr. Chairman, Commissioners. Thank you very much. We would like to request that item PH.3 be withdrawn; SR.1 be deferred to January 22. Commissioner Carollo: What was that? Mr. Alfonso: SR.1; RE.1 is being withdrawn. Chair Gort: RE.1? Mr. Alfonso: RE.1; that is correct. Chair Gort: Okay. Mr. Alfonso: And D4.1 is deferred or D4. City of Miami Page 5 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: "D"? Mr. Alfonso: D4.1, per District 4 -- Commissioner Suarez: Yeah, that's mine. Mr. Alfonso: -- we're deferring the item. Chair Gort: Okeydoke. Thank you, Mr. Manager. Todd B. Hannon (City Clerk): Excuse me, Chair. Mr. Alfonso: Indefinitely. Thank you. Chair Gort: Indefinitely, okay. Commissioner Suarez: Mr. Chair. Chair Gort: You're recognized. Commissioner Suarez: Thank you. Can I include in that list RE.4 to the next Commission meeting? Chair Gort: The agreement with FDLE (Florida Department of Law Enforcement). Commissioner Suarez: Yes. I want more time. Chair Gort: My understanding is the -- Commissioner Carollo: Mr. Chairman. Chair Gort: -- Law Department requested it. Yes, sir, you're recognized. Commissioner Carollo: Thank you. I'm going to say my two items that I wish to defer. One is RE.2 and, actually, I want it to continue. Can we continue RE.2 and defer -- continue both RE.2 and D3.1, if we could continue both. And I am in agreement with deferring RE.4, and I see the Manager nodding his head, and I'd like to hear from the Manager. And by the way, let me be -- Commissioner Suarez: And I'll give my reasons, as well. I have a problem. Commissioner Carollo: Yeah. Let me be specific. I'm not necessarily against the FDLE taking the lead on police -involved shootings; however, I have always advocated for discussion, debate, and if the Fraternal Order of Police is wanting to have discussions with the FDLE and with our Miami Police Department, I think that that should be allowed, because, like I've always stated here, it's nothing new, discussion, debate is always healthy. So I don't see if it will hurt for a two -week deferral. Commissioner Suarez: Mr. Chair, if may? Chair Gort: Yes, sir. Commissioner Suarez: Yeah, and I'll basically echo Commissioner Carollo's sentiments on -- in terms of the FOP's (Fraternal Order of Police) letter, request, but I'll add to that the fact that I have not had an opportunity yet to sit down with the new Chief. It's not his fault or anything. It's the holidays, and I was out of town for a couple days, the beginning of this week, so I haven't City of Miami Page 6 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 had a chance to talk to him about it, get his perspective. I didn't even have a chance really to talk to you about it, and that's my fault, because I wasn't in town the last couple of days. So I think this is -- this, to me, is a -- it's a big fundamental decision, and I think -- and again, I agree that I'm not necessarily against it or anything like that. I'm just saying that I don't think that we're going to be prejudiced in any way by delaying it for a couple of weeks so that we can all discuss it and make sure that we're all on the same page. Chair Gort: Okay. Mr. Manager, yes, sir. Mr. Alfonso: Mr. Chair, thank you. Commissioners, if I respectfully may request that maybe we can talk about it during lunch and decide later, there's some issues we would like to discuss with you referring to that item. I mean, the item, even if approved today, the effect of it is not until March, so any discussion that the FOP would like to have with the Administration, whatever we can have between now and then, but I would like to speak -- Commissioner Suarez: If it doesn't go into effect until March, we might as well wait a couple weeks anyways. I mean -- Mr. Alfonso: And that's why I wanted to speak to the Commissioners and make you aware of some exigent circumstances that I think you should consider. Commissioner Carollo: And Mr. Chairman, I think that's what I think -- and I don't want to speak for Commissioner Suarez, but I think that's what our position is. I don't necessarily want to pass policy before we have discussions. So, you know, the purpose of the deferral is so the FOP, Florida Department of Law Enforcement, our Miami Police Department, all of us can get together and have a healthy discussion to see if this is the proper way to move forward or not; and here, in essence, what's being asked is pass the policy because it won't be implemented until March anyways, and I don't know if that's necessarily the right thing, to pass policy and then have the discussions. Commissioner Sarnoff Mr. Chair. Commissioner Carollo: I usually think it -- Chair Gort: Gentlemen, let me tell you, I believe the -- table it until after lunch, and if after lunch we have not come to a decision, but I think you should hear some of the information. This guy will be coming and he'll have an opportunity to meet with him also, and I think it's very important that we do that. You're recognized. Commissioner Sarnoff You said it just the way I would have said it. Chair Gort: Okay. Commissioner Suarez: I don't have a problem with voting on the deferral later if -- Chair Gort: Let's meet with -- Commissioner Suarez: -- we don't feel comfortable. Chair Gort: Let's table it for this afternoon. Commissioner Suarez: All right. Chair Gort: You'll get a chance to talk and get together with, okay? City of Miami Page 7 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Mr. Alfonso: Thank you, Mr. Chair, Commissioner. Chair Gort: Yes. Any other deferral? Commissioner Carollo: Mr. Chairman, I just want to confirm that all the other items, except for -- I think it's RE.4 -- are still part of the motion for us to defer and continue. Chair Gort: Okay. Commissioner Carollo: Okay. Chair Gort: There's a motion. Is there a second? Commissioner Sarnoff Second. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 8 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 CONSENT AGENDA CA.1 RESOLUTION 14-01207 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT"), TO ACCOMMODATE THE REBUILDING BY THE DEPARTMENT OF THE 1-395 CORRIDOR, FROM THE I-95/MIDTOWN INTERCHANGE TO THE WEST CHANNEL BRIDGE OF US 41/MAC ARTHUR CAUSEWAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFERS FROM THE CITY OF MIAMI STREET SYSTEM TO THE DEPARTMENT'S STATE HIGHWAY SYSTEM, AS STATED HEREIN. 14-01207 Summary Form.pdf 14-01207 Letter - FDOT Request.pdf 14-01207 Fact Sheet.pdf 14-01207 Pre-Legislation.pdf 14-01207 Legislation.pdf 14-01207 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0001 CA.2 RESOLUTION 14-01208 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 7, 2014, PURSUANT TO INVITATION FOR BID NO. 457322, FROM POLICE SERVICE DOGS, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF POLICE SERVICE DOGS FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF POLICE, FORA PERIOD OF FOUR (4) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY. 14-01208 Summary Form.pdf 14-01208 Corporate Detail.pdf 14-01208 Bid Tabulation.pdf 14-01208 Invitation For Bid.pdf 14-01208 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 9 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 CA.3 14-01203 Department of Capital Improvement Programs/Transportat ion R-15-0002 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "WAGNER CREEK/SEYBOLD CANAL DREDGING/RESTORATION PROJECT"; AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT AWARD AND TO APPROPRIATE FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000.00 ("GRANT"), FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), FOR THE WAGNER CREEK/SEYBOLD CANAL DREDGING/RESTORATION PROJECT ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FDEP AGREEMENT NO. S0774 ("AWARD AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS, OR RENEWALS THEREOF, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT, TO COMPLY WITH THE AWARD AGREEMENT, AND TO IMPLEMENT THE PROJECT. 14-01203 Summary Form.pdf 14-01203 Legislation.pdf 14-01203 Exhibit - FDEP Letter.pdf 14-01203 Exhibit - FDEP Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0003 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda. Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: Been moved by Commissioner Sarnoff Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 10 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 PA.1 14-01263 PERSONAL APPEARANCE DISCUSSION ITEM A PRESENTATION FROM REPRESENTATIVES OF OPENGOV REGARDING THE ONLINE FINANCIAL TRANSPARENCY DASHBOARD. 14-01263-PowerPoint Presentation-OpenGov Presentation to the City of Miami.pdf DISCUSSED Chair Gort: Personal appearance; representative of Open Government regarding the online transparency dashboard. Daniel J. Alfonso (City Manager): Good morning, Mr. Chairman, Commissioners. We would like to make a five-minute presentation for all of you and the public to understand that the City of Miami is trying to be significantly more transparent than it has been in the past about our financial information, and we have contracted with a company called Open Government, and they have taken all of our financial data and put it in such a way that it's very user-friendly and accessible, and we'd like to have this presentation for a few minutes. Thank you very much for your indulgence. Chair Gort: Thank you. Brooke Simmons: Good morning. My name is Brooke Simmons. I'm representing opengov.com today. We're a company based out of California, working with over 250 leading governments, large and small, across the United States to bring transparency to their complex financial data. So we take complex budget spreadsheets detailing expenses, revenues, assets, liabilities, put them on the web and make them interactive, intuitive and accessible to both citizens and internal staff from the City of Miami. Right now, as of today, the City of Miami has a portal based on the City of Miami's home page, a link there where anybody can click on that to go to the City of Miami's opengov page. We're now on that page. There are visual representations of expense and revenues dating back to 2011 all the way through the '14/15 budget. So clicking through that page, you can find information related to all of the expense and revenues. There is a tutorial guide for citizens so that they can understand what information is hosted there and how to navigate it. There's a web video with audio and a user guide for them as well, or they can click out directly to the platform and that takes them out to the City of Miami's OpenGov page. This is detailing expenses and revenues dating back to 2011, and it's fully interactive, so they can click in and learn more about the City's departments are spending or receiving money. The City of Miami has worked hard to set up some preset saved views so that our citizens can easily access the information they're interested in. So you can click on things like what are the City's general fund revenues for this year, and the platform will live update to a new graph type outlined by your Finance and Budget offices. This is a great way for citizens to learn about complex data in an easy way, and it's fully accessible any time you have an internet connection, so there's no barriers to entry. Anybody can get on from their computer at home or on their mobile phone on the go and learn more about the finances within the City. Chair Gort: Thank you very much. Is there any questions? No questions? Thank you. That was -- Mr. Alfonso: That was great. Chair Gort: -- a good presentation. I think that's going to be very important where residents now are going to be able to go into the website and see all the functions, economic functions and financial transactions that are taking place within the City of Miami. City of Miami Page 11 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Simmons: Thank you very much. Chair Gort: Thank you. Mr. Manager? Mr. Alfonso: Thank you, Mr. Chairman. PH.1 -- Chair Gort: You don't want to add anything to this? Mr. Alfonso: Oh. I'd love to move the agenda forward, sir. No, I'm just saying this is another tool, again, that the City is providing for the public and for anybody who's interested in finding out about the City's finances. As you can see, you can slice and dice the City organization in any which way you want. A lot of times we get asked, you know, "How much is the property tax revenue in reference to the overall budget?" Well, now you can go online, easily access it. You can see the last four years with the data and compare. You can see what we've received year-to-date at any given month. And in terms of the departments, you can drag down to department expenses down to the line item level by fund, by org (organization), by City, by department. So it is a very powerful tool and it is very user-friendly and accessible. So we're very happy with it and we hope that it is welcomed, as we are liking it. Chair Gort: Thank you, sir; appreciate it. Let me ask you a question. The -- you have an RE (resolution) withdrawn, which I didn't get the number. Mr. Alfonso: I'm sorry, say it again. Chair Gort: One RE. The individual -- Todd B. Hannon (City Clerk): RE.1, Chair. Mr. Alfonso: Oh -- Chair Gort: What is it? Mr. Hannon: RE.1 was withdrawn. Mr. Alfonso: -- that is correct; RE.1 was withdrawn, Commissioner. Chair Gort: Withdrawn. Mr. Alfonso: Yes, sir. Chair Gort: Okay, thank you. END OF PERSONAL APPEARANCE PUBLIC HEARINGS 9:00 A.M. PH.1 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, City of Miami Page 12 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 COMMUNITY CENTER PLAYGROUND PROJECT, LOCATED AT 1320-1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, TO MIAMI-DADE COLLEGE FOR PUBLIC FACILITIES AND IMPROVEMENTACTIVITIES, 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 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-1 5-0004 Chair Gort: You're recognized. George Mensah: Good morning, Commissioners. George Mensah, director of Community & Economic Development. RE.1 is a resolution authorizing the transfer of additional CDBG (Community Development Block Grant) funds in the amount of $330, 000 -- Commissioner Sarnoff. PH.1. Mr. Mensah: PH.1, yes. Commissioner Sarnoff. You said "RE.1." Commissioner Carollo: PH.1. Mr. Mensah: PH.1. Commissioner Sarnoff. But he said, "RE.1. " Commissioner Carollo: Right, right. Chair Gort: It's PH.1. Commissioner Carollo: I think it was an error on his part. It's PH.1, not RE.1. Chair Gort: PH.1, yeah. Mr. Mensah: Sorry. PH.1 is authorizing the transfer of additional Community Development Grant fitnds in the amount of 330,000 from the City's Capital Improvement & Transportation Program, the Community Center Playground Project to Miami Dade College for public facilities and improvement activities; specifically, the rehabilitation of the Tower Theater. Chair Gort: Thank you, sir. It's a public hearing; it's open to the public. Anyone in the public would like to address this issue? Grady Muhammad: Good morning, Mr. Chair. Grade Muhammad, president, CEO (Chief Executive Officer) of Miami -Dade First, 6025 Northwest 6th Court. This here is a great City of Miami Page 13 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 PH.2 14-01199 opportunity. We've given a lot of money to keep this facility that's here a historic facility. One of the problems is, as we have on SR.1, which is a procurement for the City in reference to local workforce participation. One of these things is because these are Federal funds, and based on the procurement with a million dollars, we have to make sure the jobs go to the low -to -moderate - income people, and the City's procurement will not supersede Federal. Since these are Federal funds being transferred, those -- that procurement process with the City, Section 3, the low income has to still happen. We're in favor of it. We hope other facilities like ours, Historic Carver Theater and others get similar support from the City. Thank you. Chair Gort: Thank you. Anyone else? Close the public hearing. Okay, yes, ma'am. Renita Holmes: Good morning, Chairpersons. I want to reiterate that being one of the Federal complaints on Section 3, and knowing that once Miami -Dade County implemented a process for a while, although we're amiss of that process, that's actually documented with a flow chart, that's simple to go through, and still awaiting a lot of folks like me that could take advantage of this opportunity, as well. But my concern is, are we going to be persistent, particularly with this poverty initiative, to pursue the specific language under the Federal guidelines to assure that work participation happens, particularly in this locale? They shouldn't have to out -source anything. There should be others waiting for union workers or those who are associated do. I think we can even be more specific, because I've seen Jacksonville do it, and with Miami -Dade County, we have done it with our homes and several other -- which are Section 3, themselves. I'll end lastly saying, as a matter of fact, Mr. Manager, at times, we're not in compliance. We can be very much more in compliance. In considering the wave of crime and the level of population I'm dealing with in my corrections duties, I need specific job projects like this. This would be the best one in the inner city community, particularly those caught between District 5 and your district. Thank you for listening. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearings. Commissioner Carollo: Move it. Chair Gort: It's been moved by -- Commissioner Sarnoff Second Chair Gort: -- Commissioner Carollo. Is there a second? Commissioner Sarnoff Second Commissioner Suarez: Second. Chair Gort: By Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF Management A CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1796 NORTHWEST 18 TERRACE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO FELIX SUAREZ ROSALES, A SINGLE MAN City of Miami Page 14 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 ("PURCHASER"), ESTABLISHING TEN THOUSAND FOUR HUNDRED THIRTY DOLLARS ($10,430.00) AS THE AMOUNT TO BE PAID TO THE CITY BY THE PURCHASER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO MEET THE BEST INTERESTS OF THE CITY. 14-01199 Summary Form.pdf 14-01199 Notice to the Public.pdf 14-01199 Legislation.pdf 14-01199 Exhibit -Agreement.pdf Motion by Chair Gort, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon R-1 5-0005 Chair Gort: PH.2. Daniel Rutenberg: PH 2. Good morning. Daniel Rutenberg, director of Real Estate & Asset Management. It's a resolution declaring surplus, approving the sale of City property located at 1796Northwest 18th Terrace; price of $10,430. Chair Gort: Okay, this is a public hearing. Is anyone in the public would like to address this issue? Seeing none -- yes, ma'am. Renita Holmes: Madam Holmes, Women's Association, public interest and personal interest. Is this a standard procedure when we seek to sell surplus land? And I remember the discussion that we had for a point or note that we were talking about making things precedent or is this the first time -- I would direct this question through the Chair to the City Manager. Is this an established process, or is this an -- a special project? Chair Gort: Madam Attorney, could you answer that, please? Victoria Mendez (City Attorney): The -- with regard to surplus property, it's done -- how it's normally done within the Administration, the Administration looks at their assets and sees what, if anything, needs to be surplussed. Ms. Holmes: Yes, but I wanted to see, as a matter of the public, what is the actual process, because I've noticed some difference in the process, and the process does change along with consistent changes in the Charter. And while there may be general information, I'm concerned that there are properties that are Federal properties, and I would like the same opportunity, and some of my other clients were interested parties, but perhaps the associations would. I just recall a very lengthy conversation on this item before, or an item likewise, and there still hasn't been a point of clarification. What is the actual process, where it is in the home rule Charter? And I apologize, Madam Attorney. I really meant that question for the City Manager, Mr. Chair. Chair Gort: The question, what's the process for surplus? Because I know we do it all the time City of Miami Page 15 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Mendez: It's a normal process. Chair Gort: -- but the different departments declare surplus, and whatever they have available, they bring it to us. We used -- in the past, we used to donate it to other municipality, to other countries that had need for those surplus. This time, after 2010, we changed that. We no longer give it away; we sell it. This property, I personally am all in favor of it, because this is a piece of land that it sits there vacant, being dumped for -- illegal dumping cost on it within my neighborhood. The person that wants to buy it is the adjacent neighbor that owns the house right next to it, and this is a nuisance to him and the neighborhood, and that's the reason that I like to move it. Ms. Mendez: And it complies, Madam Holmes -- Commissioner Carollo: There is a motion by Chairman Gort. Is there a second? Commissioner Sarnoff Second. Commissioner Carollo: Second by Commissioner Suarez [sic]. Discussion. Madam City Attorney, I think you wanted to speak. Grady Muhammad: Can I -- Ms. Mendez: It just complies -- I wanted to make sure that everybody knew it complies with all provisions of the Charter and the City Code with regard to the disposal of surplus property. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Mr. Muhammad: Mr. Chairman, Grady Muhammad. It's a great thing. I looked it up on Google. I looked at the dumping. I looked at Mr. Rosales as he literally is adjacent to the property, 18th Terrace, 1796. I was looking at it yesterday. I'm definitely in favor, because we need to be able to stop the illegal dumping in our community. This is a quality life, health, safety issue, and I think it's a wonderful thing, and we're getting something back in return, and it'll go back on the tax rolls. Thank you. Commissioner Carollo: Thank you. Chair Gort: Thank you. Let me explain a little further. We're getting $12, 000 for the property. They're going to be paying taxes on that property. We don't have to maintain it. We don't have to send Sanitation there all the time to pick up the illegal dumping that it takes place in there, and the property owner will take care of it. Commissioner Carollo: Thank you. Anyone else from the public wish to speak on this item? Hearing none, the public hearing is closed. Coming back to this Commission, any discussion, Commissioners? All in favor say "aye." The Commission (Collectively): Aye. Commissioner Carollo: Anyone in opposition has the same right to say "nay." Motion carries unanimously. Chair Gort: Thank you. PH.3 RESOLUTION City of Miami Page 16 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 14-01043 Department of Capital Improvement Programs/Transportat ion 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 OF A 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 Carollo, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon PH.4 14-01206 Department of Public Works RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 90-546, ADOPTED JULY 12 , 1990, IN ITS ENTIRETY, AND DIRECTING THAT VEHICULAR ACCESS BE RESTORED TO NORTHWEST 23RD STREET, NORTHWEST 24TH STREET, NORTHWEST 26TH STREET, NORTHWEST 27TH STREET, AND NORTHWEST 28TH STREET, AT THE EASTERLY SIDE OF THEIR INTERSECTIONS WITH NORTHWEST 6TH AVENUE, AND NORTHWEST 5TH AVENUE, AT THE NORTHERLY SIDE OF ITS INTERSECTION WITH NORTHWEST22ND STREET, MIAMI, FLORIDA; SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; AUTHORIZING THE DONATION OF THE BARRICADE REMOVED AT SAID LOCATION(S) TO THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELATED TO SAID DONATION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. City of Miami Page 1? Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 14-01206 Summary Form.pdf 14-01206 Notice to the Public.pdf 14-01206 Memo - Police Dept.pdf 14-01206 Memo - Solid Waste.pdf 14-01206 Memo - Fire -Rescue Dept..pdf 14-01206 Pre-Legislation.pdf 14-01206 Back -Up from Law Dept.pdf 14-01206 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0006 Chair Gort: PH.3. Withdrawn. Daniel J. Alfonso (City Manager): Three was withdrawn; 4. Chair Gort: PH.4. Eduardo Santamaria: Good morning, Commissioners, Chairman. Ed Santamaria, director of Public Works. PH.4 is a resolution rescinding Resolution 90-546 that permanently restricted vehicular access to Northwest 23rd, 24th, 26th, 27th and 28th Streets at the intersection with Northwest 6th Avenue and Northwest 5th Avenue and at its intersection on Northwest 22nd Street; restoring vehicular access to these roadways and directing the removal of an existing barricade. The barricade, the remains of which will no longer be needed by the City, the Wynwood BID (Business Improvement District) would like to take possession of that. Commissioner Sarnoff So move. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: Okay, wait. It's a public hearing -- Daniel J. Alfonso (City Manager): Commissioner. Chair Gort: Yes. Mr. Alfonso: I'm sorry. We would like to make an amendment to the resolution, Commissioner: One, there is a correction on the item. It says June 7, 1990 as when it was adopted. It is supposed to be July 12, 1990. And the second change that we would like, we would like to add to the resolution here that the Commission agrees to donating this surplus piece of metal to the Wynwood BID so that they could do artwork with it; otherwise, we would have to bring that back as a separate item. Commissioner Sarnoff The maker understands and accepts it. Commissioner Suarez: Seconder understands and accepts the amendment. Chair Gort: Move -- public hearing. Yes, sir. Grady Muhammad: Grady Muhammad. Growing up in Overtown at 2026 Northwest 3rd City of Miami Page 18 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Avenue, Unit 18, in Rainbow Village, a public housing complex, what's now Wynwood was all -- was Overtown. And what's Overtown was Wynwood, because Overtown went all the way up to 36th Street. We had the Orange Blossom on 28th and 2ndAvenue. The only place they put this barricade was at 22nd Street to block north/south access from, at that time, the Fashion District into Overtown; that's the only reason, or rationale and purpose this was there. I'm glad you all are removing it to reopen up the community, but it's only being done because it's a different community, which is Wynwood, no longer Overtown. As long as it was Overtown, we kept this barrier in place. Now that Wynwood BID is there, it is nice. It needs to be -- continue to do what it is, because the BID improving the district, is making a change in Wynwood. Wynwood is a great community, historically Puerto Rican, changing, and I think, again, with this, it would allow that barricade to get removed and all those other barricades that never got implemented, but it's -- we're definitely in favor, because, again, life safety, quality issue. Thank you. Chair Gort: Thank you. Anyone else? Tom Curitore: Hi. Tom Curitore, executive director of the Wynwood BID, 310 Northwest 26th Street. On September 10 at its board meeting, the Wynwood Business Improvement District met and expressed its desire and full support to move the barricade that was instituted in Resolution Number 90-546 at the section of Northwest 5th and Northwest 22nd Street. This barricade was part of the Wynwood Safe Neighborhood Plan. With the barricade in its current position, it separates two communities, Wynwood and Overtown. The BID strongly supports its removal. It's 2015, Commissioners. Together, let's take down that barricade. Chair Gort: Thank you. Next. Albert Garcia: Good morning, Commissioners. Albert Garcia of Mega Shoes in Wynwood as you already probably know. Following up on Tom's brief words, Commissioners, this is truly an opportunity for Overtown and Wynwood to officially and fully connect these vibrant communities. This day is long overdue and we hope to have your support today. These communities have much work to do together, and we look forward to building on what we've already started. So I want to thank Commissioner Hardemon for his leadership and all he's done for Overtown and Wynwood, and, of course, all of you for continuing to believe in what we're trying to do in Wynwood. Thank you very much. Chair Gort: Thank you. Anyone else? Yes, ma'am. Cecilia Stewart: Cecilia Stewart, 1899 Northwest 1st Court. Good morning. I am very proud that Mr. Grady gave you the history about the barricade issue. I support the whole matter of removing them, and I think that it's a great thing that we have Commissioner Hardemon to stand up for us in reference to that, and I applaud you all for passing this, and I thank you very much for your time. Chair Gort: Yes, ma'am. Anyone else? Seeing none, hearing none, close the public hearing. Any further discussion? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Thank you. And just to confirm, I know the maker of the motion and the seconder accepted and understood the amendment; I just want to verdy. Apparently, back in 1990, it was voted to close some of these streets. Most of them were not closed, but there was one that was actually closed, and the amendment is to have the barricade that's there -- Mr. Alfonso: Correct. City of Miami Page 19 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: -- donated -- Mr. Alfonso: Correct. The metal -- Commissioner Carollo: -- as a part of art. Mr. Alfonso: Correct. Commissioner Carollo: As a part of some type of art or -- Mr. Alfonso: The metal barricade that currently there -- the corrugated metal, whatever -- will be donated so that a piece of artwork could be made from it. Commissioner Carollo: Exactly. So it will removed so you could have pedestrian and vehicle -- vehicular traffic -- Mr. Alfonso: Correct, correct. Commissioner Carollo: -- and that will be donated for art in the Wynwood -- Mr. Alfonso: Correct. Commissioner Carollo: -- district. Okay, thank you. Chair Gort: Okay. Any Commissioner --? Vice Chair Hardemon: Briefly. Chair Gort: Vice Chairman. Vice Chair Hardemon: This is an exciting day because we're removing something that really is a relic of past time, and as we move forward within the Wynwood community and within the Overtown community, what this reflects is the marrying of those two environments, because now that we have development happening in Overtown, now that we have the movement of people and resources within Wynwood, and then when we start to look to our east and we see what's happening in Park West, we want all those communities to be -- to connect -- connected, exactly, the way that they should be so that the City of Miami has a better community for all of our people. So I'm excited about this. I'm excited that the artists within the Wynwood community want to actually make the change. I'm excited that they want to use the scrap metal instead of recycling it or tossing it in the garbage, but to make it a symbol of what we don't want to have ever again within our community. So this is good, and I hope the rest of the Commissioners support me in this endeavor. Thank you. Chair Gort: Thank you. I don't think it's any problem with that. I believe these -- this Commissioners that sit here -- and I've stated before and I'll continue to say this is the best Commission that the City of Miami has ever had. We discuss item and we come up with the right ideas. And the one thing that we do -- I remember when we created the districts, a lot of people said "With the districts, it's going to create problem." On the contrary, I think the district -- what we doing is try to open it so whatever development's taking place within one area, we want to make sure they move some to additional area and the benefit goes to all the residents in the City of Miami. Commissioner Sarnoff. Mr. Chair. City of Miami Page 20 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. Let me withdraw my motion and allow Commissioner Hardemon to be the maker. Chair Gort: Sure. Vice Chair Hardemon: He's always a gentleman, to my left. I move that we pass R -- I'm sorry -- PH 4. Chair Gort: With the amendment. Vice Chair Hardemon: As amended. Chair Gort: As amended. Commissioner Carollo: Do you want to second it or I'll --? Commissioner Sarnoff. Sure. Chair Gort: Second. Commissioner Sarnoff. Second. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PH.5 RESOLUTION 14-00770 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "WALMARTAT FLAGAMI", A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14-00770 Summary Form.pdf 14-00770 Notice to the Public.pdf 14-00770 Legislation.pdf 14-00770 Attachment 1.pdf 14-00770 Exhibit A.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 21 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 R-15-0007 Chair Gort: PH.5. Eduardo Santamaria: Good morning again, Commission. Ed Santamaria, director of Public Works. PH.5 is a resolution accepting the proposed plat of Walmart at Flagami, located between Southwest 4th Street and Southwest 8th Street, and between the Florida East Coast Railway Company and the Seaboard Airline Florida Railway opposite to Southwest 70th Avenue. Commissioner Suarez: So move. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14-00472 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Procurement 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO MODIFY LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONSTRUCTION CONTRACTS AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-00472 Summary Form SR.pdf 14-00472 Back -Up from Law Dept FR/SR.pdf 14-00472 Legislation SR [V5] - SUB.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon SR.2 14-00345 City Manager's Office Note for the Record: Item SR.1 was deferred to the January 22, 2015 Planning and Zoning City Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", MORE PARTICULARLY BY CREATING NEW City of Miami Page 22 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR ACCESS ACCORDING TO THE CRITERIA SET FORTH IN NEW SECTION 54-4.1; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00345 Summary Form SR.pdf 14-00345-Submittal-Bennet Pumo.pdf 14-00345 Legislation SR Version 4.pdf 14-00345 SR Version 5 (Sub).pdf OBSOLETE Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Noes: 1 - Commissioner(s) Hardemon 13492 Chair Gort: Oh, boy. SR.1. Daniel J. Alfonso (City Manager): SR.1 was -- Chair Gort: It's been withdrawn. Mr. Alfonso: SR.2. Chair Gort: SR.2. Withdrawn? Eduardo Santamaria: Again, good morning, Commission. Ed Santamaria, director of Public Works. SR.2 is an ordinance amending City Code Chapter 54 to close and vacate certain unused public alleys within the City. This is the second reading. Commissioner Suarez: So moved. Chair Gort: Second reading. Thank you. Commissioner Suarez: So moved. Chair Gort: This is a public hearing. It's been moved by Commissioner Suarez. Is there a second? Commissioner Carollo: Second. Discussion. Chair Gort: Second by Commissioner Carollo. Yes, ma'am, you're recognized Renita Holmes: Yes. I was just looking at the general language. Is this just -- you said, "a certain, " and I wanted to be sure about "a certain." So are we more concise, Mr. -- through the Chair -- Mr. Manager, about which plats, which alleyways are? Because -- Mr. Alfonso: There is a list that is attached of every single alleyway, and it's been on the record, I think, since May or June. Ms. Holmes: With public notice? Mr. Alfonso: Yes, absolutely. City of Miami Page 23 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Holmes: So only those specific -- Mr. Alfonso: And there were public -- there were -- Chair Gort: Excuse me, excuse me, wait a minute. Ms. Holmes: I'm sorry, Mr. -- Chair Gort: Hold on a minute. Could you please go through the procedure that we have been going through for the last year, and the public hearings that we've had, and what is intent of this ordinance? Ms. Holmes: Thank you, sir. Mr. Santamaria: The intent of this ordinance is to do away with alleys that are only alleys on paper. In other words, these alleys are supposed to be public alleys, but they're not functioning in the intended purpose of an alley. So we went through a painstaking process where the City staff analyzed the conditions regarding all the alleys in the City, and we came up with a list that includes 313 alleys. This has been published for a while. We had a couple of community workshops to discuss this matter, and in essence, what this ordinance does is, if the alley is no longer serving as intended as a public alley, then the alley itself -- the land pertaining to these alleys reverts to the original ownership, which means the abutting lots. Ms. Holmes: Just one more question, if I may, Mr. Chair? In this process, it has the local association, and all been a part of that process, as well, in those community meetings? Mr. Santamaria: We've had community meetings, they've been publicly noticed. The property owners affected have received notices and there's been vigorous discussion and dialogue regarding the process. Ms. Holmes: No further questions. Thank you, sir. Chair Gort: Thank you. Grady Muhammad: Grady Muhammad. I tell you, this here is one of the greatest things you need to do, because -- especially from 50th Street north, from Charles Hadley Park north, there's alleys on 12th Avenue in every block. They've never been used. They become dumping grounds. They become havens for crack addicts and everybody else. I think it's a great idea. It's a great -- it's timely, it's needed, we need to go ahead. And again, I watched the discussion, because some of the owners -- the City was trying to sell some of the lots to the adjacent property owners. They didn't want it because of the different requirements, but I think closing these alleys is a great thing, and I think what we may have to do with the owners, look at how we could potentially secure the entrances on both sides so we could prevent vehicular access and other things, and because people come in, dump illegally and then keep going. I think that should be also looked at, how we can be able to secure these alleyways as -- like I say, if it -- even in Miami Shores and other areas, they put a little fence. Miami Shores and El Portel, they close their little alleys, but they put a little fence that restricted the vehicle access into these on both sides and that -- and like I say, the property owners, I think, that's adjacent would definitely clean their -- they'll clean up behind it as long as they know no one has the access to be able to continue to dump, and again, it's a life, quality, safety issue. Thank you. Chair Gort: Thank you. Anyone else? Raquel Perez: Yes. My name is Raquel Perez, and I was not able to attend the previous City of Miami Page 24 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 workshop on the closing of the alleys, but I have been a citizen of the City of Miami for the past 50-some years, and I own a property, which is located in 120 Southwest 27th Road. I understand -- again, I was not able to come to the workshops -- but I understand that when the plots of the development were filed in the City of Miami, there were amendments or written notices to whom that alley belongs. I was checking and I see that in the particular case of my house, which is located, as I told you, that alley belongs to the houses that are on the even numbers on the street. And I would like to know first if the Commission or the people in charge of doing this are going to take that into consideration as it is written in the books of Miami when that particular land -- tract of land was divided into the different plots and different alleys and everything. Chair Gort: Yes, ma'am. Commissioner Carollo: Mr. Chairman, I'll defer. Chair Gort: Go ahead. Commissioner Carollo: I'll make sure you understand it, what the question is. Mr. Santamaria: I think you're referring to the reversionary rights. Ms. Perez: That is correct. Commissioner Carollo: Yes. Mr. Santamaria: Okay. When that tract was originally subdivided, the land or the properties that donated the alley, in essence, were the ones on that side. So when the alley reverts to original ownership, it would revert to them; that's why it's not divided between the two properties. Ms. Perez: Oh, okay. I did want to make sure about that. Something else that I want to ask is if we are going to be taxed in addition to whatever we pay on taxes for that tract of land or piece of land that belongs to our property. Mr. Santamaria: Yes. And this is something that came up quite a bit during the public process. And the answer is, for the most part, the tax implications are not significant. We're talking about anywhere from 150 on average; sometimes as low as 50 to as high as 800, $900, depending on which tract of land we're talking about. The average single-family residence is going to see something less than 150, and this was confirmed to us by the Dade County Property Appraiser's Office. Ms. Perez: Okay. Well, then I would like to tell the Commission and also you that all the houses that are abutting my house on the other side, so this will be on the Brickell Estates. They have that same amount of land, and they have been having that same amount of land for many years, and they have not paid taxes on it. So why we that are -- been paying taxes for 43 years are going to be charged taxes now for something that the people just right next door was having for free? Chair Gort: Ma'am, let me answer that question, and I'll answer myself. My understanding is -- and within my district, I had a lot of problems with alley -- criminal activity, illegal dumping -- and they being utilized. The police had come to us and asked us to do something, and we been able to close (UNINTELLIGIBLE). A lot of the people, they closed the public alleys. They have not -- probably do not have permit. If they have permits, and they pull the permit and they close it legally, they will be paying taxes and they should have been paying tax. So, if you have a specific area, please give it to them so Code Enforcement can go and collect all the taxes City of Miami Page 25 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 retroactive. Ms. Perez: Oh, okay. Chair Gort: Because they are not supposed to -- Mr. Santamaria: Mr. Chair, ifI may? Chair Gort: Yes, sir. Mr. Santamaria: I just want to make sure I understand. Your question goes to you having to pay additional taxes on that property. Ms. Perez: That is correct. And also, if we are going to get taxes, we are going to be billed taxes retroactively -- Mr. Alfonso: No. Ms. Perez: -- to whatever. Mr. Alfonso: No, no. Mr. Santamaria: Let me further my question to you, which is if you are not going to -- if you don't have any reversionary rights to that property -- Ms. Perez: Oh, yes, I do. Mr. Santamaria: Oh, you do. Ms. Perez: Yes. Mr. Santamaria: Okay, because I misunderstood your question earlier then or your point earlier. Ms. Perez: Well, no, because, again, I thought that the people who handling this will go to the books -- Mr. Alfonso: They will. Ms. Perez: -- that were filed in 1923 when that particular tract of land was -- Mr. Santamaria: That's what we did, yes. Ms. Perez: -- development. And in there it's specifically clear that these houses on this side -- I mean, I don't know how to explain you, because I don't have the maps -- belongs to the properties where that tract of land was taken off. Mr. Alfonso: Yes. Mr. Santamaria: That's correct. Ms. Perez: As the other properties on the bottom side of the other road were granted 151 feet of land, and the houses in this side were only 135. So it's specifically written in there that their reversionary -- City of Miami Page 26 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Mr. Alfonso: Right. Mr. Santamaria: Right. Ms. Perez: -- cases will come to the -- Mr. Santamaria: May I suggest that you give me a phone call and we discuss this matter; I can look into it on a case -by -case basis for you? Ms. Perez: I will. Chair Gort: I would like to place someone to discuss it right now with her as part of the record. Commissioner Suarez: Yeah. Chair Gort: Commissioner Suarez, you're recognized. Thank you, ma'am. Ms. Perez: Okay. I have not finished yet. Chair Gort: Oh, okay. Ms. Perez: And also, I would like to know if this land that's going to be given to us as reversionary is going to be any cost on getting the land, or it's going to be for free? Chair Gort: No, ma'am. That was yours originally. You're the one that donated it to the City -- Ms. Perez: Okay. Chair Gort: -- and the City now is giving it back to you. Ms. Perez: Okay. That -- Chair Gort: So you can maintain it and keep it. Ms. Perez: -- is great, because I have been maintaining that piece of land for many, many years Chair Gort: No. We had that problem with -- Ms. Perez: -- paying to have it paved and everything. Chair Gort: Right. Ms. Perez: So something else is, in that case, as that piece of land belongs to me since many, many years, and the City was using it, is the City going to pay me taxes for the time that I have that and have not collected? Chair Gort: No, ma'am. Let me tell you, the responsibility -- your responsibility was to maintain it also. We, the City, did not have the responsibility to maintain it, so we saved you a lot of money for the last few years, okay? Ms. Perez: Well, if I -- Chair Gort: Thank you, ma'am. Thank you. City of Miami Page 27 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Perez: I have not finished yet. Chair Gort: Well, ma'am, you had two minutes. It's a public hearing. We gave you a lot more than two minutes. Ms. Perez: Okay. Well, then, tell me when this will be discussed again, as I explained that I was not here. Chair Gort: Ma'am, we're going to vote on it today. Ms. Perez: I'm sorry? Chair Gort: We're going to vote on it today. Ms. Perez: Okay. Chair Gort: You have -- we've asked the Administration to sit with you and explain and go over it with you, all the questions you have. Ms. Perez: Okay. And after that passes on the Commission, if I have a problem and if I want to revoke or have it revoked, can I do that? Mr. Alfonso: Yes, ma'am. Chair Gort: My understanding, there is a procedure to appeal. Ms. Perez: I see. Chair Gort: Okay? Ms. Perez: Okay. Thank you. Chair Gort: Sorry you were not able to go to the meetings and -- Ms. Perez: Well -- Chair Gort: -- I apologize. Ms. Perez: -- what can I tell you? If you're sick, you're sick so it's -- Chair Gort: I understand Ms. Perez: Okay. Chair Gort: So now they're going to be able to sit down with you on one-to-one. Ms. Perez: Okay. Chair Gort: Thank you, ma'am. Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Gort: Commissioner Suarez. Commissioner Suarez: No, I just want to say -- to see if maybe it clears up a little bit of the City of Miami Page 28 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 confusion -- that even though you do have to pay a small amount of taxes, taxes are generally, a rule of thumb, 2 percent of the value that you're getting, which means you're getting 100 -- you know, 98 percent value for the 2 percent in taxes that you're paying, so yes, you are going to have to pay. I was just saying, ma'am -- ma'am -- Chair Gort: Okay, you are given additional two minutes. Ms. Perez: Okay, great. Commissioner Suarez: Okay. Ms. Perez: Something else is that according to that -- those pieces of land, the telephone company, the electric company, the gas company, everybody has their -- Commissioner Suarez: Easements. Ms. Perez: -- things -- easements. I know that's an easement, but, I mean, they have their particular things in that piece of land. So I understand that those companies were paying the City of Miami to have the right to put those things in that particular piece of land. As I live on that property for 43 years now, I would like to know if that part will be given to me as the original owner of that piece of land that they have been use. Chair Gort: Write down that question. I don't think we can answer now. My understanding is no. Ms. Perez: No, it's not? Chair Gort: No. Ms. Perez: Okay. Well, then, I oppose -- Chair Gort: Okay. Ms. Perez: -- because, you see, if I'm going to get process and I will have to pay taxes, and all the times that I have had the inconvenience of having the companies get into my yard, trimming my trees and damaging my yard, you know, I mean, this is unbelievable. If that tract of land belongs to me and I donate it or I give it, whenever, you know, the previous owner, which was the person who sold me the house, why? You know, now I have to pay taxes on a piece of land that some other people that live on the other side has had the 151 feet included in their taxes. Chair Gort: Thank you, ma'am. Mr. Santamaria: I'll be glad to look at this case with you on an individual basis. Chair Gort: Let me -- I've had a little experience in this. In the Roads, I have a friend of mine, they had the same problem, and the building closed the alley, but it had to keep a gate, because you have the telephone poles and electric pole established in there, and they need to be provided service, they have to have -- to go -- be able to go through there. So certain alleys, we'll have to make sure that although they close it, if any of the services that need to be provided can be open so they can go through and provide the service to you. Ms. Perez: Okay. Mr. Gort, let me tell you -- Chair Gort: Yes. City of Miami Page 29 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Perez: -- there are many, many years that we have been -- I, my parents -- we were trying to close that alley, because we have been the result of many robberies, because people just jump in Chair Gort: Right. Ms. Perez: -- the thing, and never was able -- you know, we were never able to do that. We never did what other people did, which was close the part, and that's it. So now, that's why, you know, ifI have all the inconveniences, why I am not going to get reimbursed or at least not being charged taxes for the same land that my neighbors on the 28 Road has since the very beginning Chair Gort: Okay. Ms. Perez: -- and they didn't pay taxes on it. Chair Gort: Thank you, ma'am. The Administration is going to sit down with you -- Ms. Perez: Okay. Chair Gort: -- and they're going to explain to you everything else. Yes, Commissioner Suarez. Anything else? Commissioner Suarez: That's fine. Chair Gort: Okay. Anyone else? All the two minutes (UNINTELLIGIBLE). Ms. Perez: Can I ask for a defer? Could I ask for a defer? Chair Gort: No -- yes, you can ask for it, yeah. Ms. Perez: I can? Chair Gort: Yeah. Ms. Perez: Then I ask for a defer. Chair Gort: Okay, thank you. Ms. Perez: You're welcome. Mr. Santamaria: Mr. Chair, ifI may, I'd like to make a correction on a scrivener's error. Or should I wait for the public comments to conclude? Chair Gort: Take all the notes of all the questions. Unidentified Speaker: Yes, sir. Chair Gort: If there are going to be a lot of questions, I want for you to be able to answer all of them, so make sure you take notes so you can answer the questions. Yes, sir. Bennet Pumo: Hello. I'm Bennet Pumo. We have -- we own properties throughout the City of Miami with warehousing. On the packages you have, I made a mistake. On the -- on number 70 -- where I refer to Alley 76, it's actually Alley 62. One thing I have to do within the resolution here -- the resolution is basically flawed. You're passing -- you're going to vote on something City of Miami Page 30 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 here that has 300 and something alleys, and the alleys -- many of the alleys are on a commercial corridor. They -- they're the alley serving the commercial units. One particular property, which would be number 62, which I'll focus on today, is a five -unit warehouse with five businesses in it. It's in the middle of the block on 36th Street at 1055 through 1063 Northwest 36th Street. There is no access to -- the only access is through the alley. The alley is unimproved; it's been unimproved. It's been a pain in the neck. We paved our portion, but the portion we come in through on 11 th Avenue -- Chair Gort: Excuse me. Let me interrupt. Mr. Pumo: -- is not paved. Chair Gort: Are you guys listening? Mr. Pumo: No, they're not listening, and they haven't listened from the beginning. Chair Gort: Excuse me, I'm not talking to you. Mr. Santamaria: Yes, sir, I am. Chair Gort: Please write down -- he's got a discussion, what I think is very interesting, and I don't think he understands some of it. Yes, sir, go ahead. Mr. Pumo: Okay. So we have five units there, commercial buildings that have all the services to the back -- sanitation, dumpsters, whatever; front of the building does not have any parking. All the required parking by the City when we developed the building and built it was required in the back of the building. If they close the alley, then you will non -- will have a nonconforming structure with absolutely no parking available, okay? They say -- they keep saying, "Well, you have an appeal process." Why are you going to pass something that has several different appeals going to be attached to it? How many thousands in lineal feet of alleys against an abutting commercial zone are going to be closed? And if you have an abutting -- if you have an alley when we built those buildings, the alley is the buffer between the residential and the commercial, which was the buffer. Now, if you make it a property line issue, then those property lines are going to be abutting property lines to commercial and residential, which is going to require masonry fences. This masonry fence is going to be required at the turn of every tenancy or every certificate of use, for every developer that goes into that property. So what are we going to do on that? On the nonconformity issue that you're going to present by this, we're going to be nonconforming. Is this going to take place? It's completely contradictory to Miami 21. Miami 21 's issue with commercial properties is supposed to provide access to the rear of the building. The purpose of Miami 21 is to bring access to the rear of the building. Here, he wants to force everybody to put their dumpsters on 36th Street, force their dumpsters on 71st Street. We have access, we built to that, it was given to us, we built according to the rules for our required parking, and now you want to take away that option -- not an option -- a requirement where we were required to have parking. What are you going to do when you want to put five businesses with certificates of use; are you going to renew them? What if the guy goes out and you got to get a new certificate of use; going to renew it? There's also issues of abutters' rights. In your package on page 14 through 16, you'll see that the Supreme Court has already ruled that abutters' rights have compensation rights if you deny them the right to the thoroughfare. Chair Gort: Mr. Pumo -- Mr. Pumo: You also have -- yes, sir. Chair Gort: -- in conclusion, in conclusion. City of Miami Page 31 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Mr. Pumo: In conclusion -- Chair Gort: Yes. Mr. Pumo: -- you're passing -- if you vote to pass this, you are passing a flawed resolution. You're passing something that's going to create only an appeal process to several properties. You will also dive into the nonconformity issue to where you present several thousand lots that are going to be affected. This is a closure on a commercial end and creating nonconformity to several thousand property owners that are abutting these alleys. Thank you. Chair Gort: Thank you, sir. My understanding is, for question number one, this resolution, Madam Attorney, is not legal. Victoria Mendez (City Attorney): With regard to takings issues, we've already reviewed those issues, and there aren't any of those types of issues. This clearly has an appeal provision that if there's some access issue that has been overlooked which I believe that the Department of Public Works has gone out and seen all the alleys, and those that have access issues are not a part of this, but if for some reason something was overlooked, we have an appeal provision that allows for that, so we are not concerned with any takings issues. Mr. Santamaria: Absolutely. If -- Chair Gort: My understanding -- and I think it's important so you can explain to the people -- we're not closing the alleys. We're giving the alleys to the owner and the owner can use it the way they believe is best. Okay? Mr. Santamaria: Correct. And absolutely, if the alley is still used for vehicular access, whether it be for parking or for solid waste service, then it would be removed from the list upon passing after appeal. Chair Gort: Okay, it's important to understand -- some of us have been here for a long, long time -- the City of Miami at one time used to have backyard pickups. That's why all those alley existed, because the trashcans had to go in the back of the house and they were picked up through there. Now, it went to the front, so it's a different ball game now. Thank you. Yes, ma'am, you're recognized. Cecilia Stewart: Cecilia Stewart, 1899 Northwest 1st Court. I am opposed to the closure because I think it would be a economic burden to the taxpayer, be it maintaining the alleyway; be it paying additional taxes for land; be it maintenance for electrical access or whatever the economic status would be, and that's why I oppose it, because it would be a economic burden to the taxpayers. Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you, ma'am. Yes, sir. Commissioner Suarez: Just wanted to clear up something, because she said it was an economic hardship, and there was two arguments. One is that they have to maintain the alley. My understanding is they currently have to maintain the alley, so that's not an economic hardship, because they currently have that obligation. The second issue is that they have to pay taxes on it. Well, if today I give you a million dollar house for free, you have to pay taxes on it, but you get a million dollar house. So that's the kind of -- you know, the give and take, you know. You're getting something of value; you have to pay taxes on it, which, by the way, only, I think, 2 percent of the value that you're getting. So you're getting something that's worth in the area -- in your area, it's very valuable. In the Roads, it's a very valuable piece of property that you will be City of Miami Page 32 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 getting, so you'll be paying a marginal amount in taxes for a very valuable piece of property that you can sell and improve and make part of -- What we're seeing a lot of is illegal dumping. People are confused because they don't think they own the property; that they don't have to maintain it, which they do, and so they just don't maintain it. Unidentified Speaker: Are you talking to me? Commissioner Suarez: No, no; I'm just talking to everybody, generally. And there's a lot of drug use on the alleys; there's a lot of crime in the alleys, and we're trying to do everything that we can to combat both drug use and crime in our City, and this is one tool to do that. Chair Gort: Thank you. Yes, ma'am, you're recognized. Ibis Guinness: My name is Ibis A. Guinness. I live on 125 Southwest 25th Road. I used to be known as the lady that fights the alleys on the Roads. Thanks God, we were able to get my alley passed, but we have neighbors that don't speak English, and they requested that I come help them. And I have a gentleman here, Angel de la Vega. I told him that maybe he could speak Spanish and tell. Chair Gort: Yes, yes. Ms. Guinness: He wants to have his alley closed. Commissioner Suarez: Yes. Chair Gort: Yes. Ms. Guinness: That's all I can tell. All I can tell you for that -- just to finish, Mr. Gort -- Chair Gort: Yes, ma'am. Ms. Guinness: How are you? Chair Gort: You got a minute and 58 seconds. Ms. Guinness: I know half of the town, and anybody you talk to tells you that over the years, we couldn't have fences on the alleys, and when they did, it would be four feet up. But this is not the Miami we came to live in. We have all kinds of elements goes through there. And when I lost my husband, I had to put in a big fence, and they still jump over to get the mangos and the avocados, because that's the way we live now. So whatever you can do, I think you will do a favor to the City of Miami, which is supposed the entrance from the Americas to the United States, closing the alleys. Thank you very much. Chair Gort: Thank you, ma'am. Next? Mayor Tomas Regalado: Mr. Chairman. Chair Gort: Yes. Mayor Tomas Regalado: Just a brief comment, and I'm sure that Commissioner Suarez knows about this, because it's in Shenandoah, but I think that the whole conversation should be about safety, and because we had reports and complaints of one particular street in the Shenandoah area where they have an alley, an open alley, and there are five houses that abut that alley. For -- during several month, five of those houses were burglarized from the alley, and not only that; they called and we asked the NET (Neighborhood Enhancement Team) Team to go there. There City of Miami Page 33 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 was like a homeless shack of people living there. There were drugs that were found, and the police considered that a nuisance. So all these neighbors were saying, you know, "The City has to do something, because, you know, we're trying to protect our self. " But those five houses were burglarized because of that particular alley. So I think that the conversation should also be about safety of the resident. Thank you. Chair Gort: Anyone else? Seeing none, hearing none, close the public hearing. Yes, sir. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: Thank you. Mr. Director, would you agree that the majority of the opposition has been, in one way or another, due to financial burden? Mr. Santamaria: I would say a good part of it is, and also the lack of understanding, too, that now they have to take on the burden of maintenance, which has always existed. Commissioner Carollo: Because I understand that they will have to pay additional property taxes, but it's not just that, Commissioner Suarez. I know of cases where they have a brick fence there, and now, they will have to remove that brick fence and build it in the back, so that's not just, you know, an easy frx. Chair Gort: No. Commissioner Carollo: So -- right. Mr. Alfonso: They don't have to remove the brick fence. Commissioner Carollo: Understood. But if someone falls behind their brick fence, they're going to be liable. Mr. Alfonso: But they're liable right now. Commissioner Suarez: Yeah, they have to be reasonable in maintaining their property; otherwise, they're liable. Commissioner Carollo: Understood but still, the -- it's my understanding the City right now is the one who owns the alleyways, though, correct? Mr. Alfonso: You're correct. Commissioner Carollo: So with that said, if my colleagues will indulge me, if I could make a friendly amendment where if someone can file or write a letter to the director of Public Works if there's a financial hardship, then I think I could be okay with it, because, listen, we've been at this for I don't know how many months -- Chair Gort: A year. Commissioner Carollo: -- and I think the main reason for that, if the director agrees with me, has been because of financial hardship. So if someone could write a -- if someone that feels that they're in a financial hardship could write a letter to the director of Public Works, you know, and then have that alleyway taken out, you know, I think it would be reasonable, because, listen -- Commissioner Suarez: There's an appeal process. City of Miami Page 34 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: -- there's a reason why we are -- I don't know where we are right now, where we -- you know, if we're the fourth, the third -- but we are a poor city, and there's a lot of people that I understand, like the director said, you know, $50 is not a big deal, and 150 and even $800 for some, but for others, it is a big deal. So I was hoping if my colleagues would indulge me in a friendly amendment, stipulating that someone could also write the Public Works director within 90 days of a financial hardship, and then that alleyway would be taken out from the 311. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Yeah. I think I'm fine with it. I think a variation of that is just to say under the appellate process that currently exists, if the owner wants to use as a reason for appeal that they cannot pay for the taxes. They're obviously not going to get the value, they're not going to get the upside, which is, you know, up to them, you know, but if they actually cannot afford to pay the taxes, if that's a bigger concern for them, the payment of the taxes, than the upside and the value that they're going to get -- and there may be people that have that issue. So it may not be a lot, you know. Out of the 300 lots, we've only had two or three people object here today, but maybe there are others, so, yeah, I'm fine with that. Mr. Santamaria: IfI may add something to that discussion? Chair Gort: Yes, sir. Mr. Santamaria: We're running into a situation now where one person might appeal based on hardship, and the other person adjacent to them would want to have the reversionary rights, act on the reversionary rights under the ordinance. So then you're going to have a remnant of an alley in between lots. Commissioner Carollo: What -- Mr. Alfonso: That wouldn't happen. Ms. Mendez: No, it wouldn't be a remnant; the whole alley -- the alley that's proposed, the whole thing is taken out. Mr. Santamaria: Correct. And so we're having an issue now where that would be a conflict between property owners. Commissioner Carollo: Mr. Chairman. Chair Gort: Let me tell you something, because I had a lot of problem with the alley in my neighborhoods, because crime was intensive; illegal dumping was intensive in my neighborhood, so I had to go and close quite a few alleys. The process that I had to go through, all the property owners had to sign for, and it was a problem to get them all, to finally get them all signed and they understand the reason why they were being -- not really closed; they're open up to the owners to do anything so. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, Mr. Manager. Mr. Alfonso: Oh, okay, I was going to say we're okay with the amendment. What I would add is that before we -- in the process of appeal and whatever, can we offer the portion that that person City of Miami Page 35 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 doesn't want to the abutting property owner on the other side? Chair Gort: Right. Mr. Alfonso: Maybe I don't want my five feet, but I'll cede it to the person on the other side, because he'll take the 10. Commissioner Carollo: Yeah. And what I was going to say is -- and I drew language with the help of the City Attorney regarding some of this which will address what the director just stated. I don't have a problem with what the Manager just asked, and I would include it in my amendment and -- but pretty much, if I could read it -- and I was going to put it under Section 5, so that it'd be clear -- any abutting property owner who suffers a financial hardship due to the vacation of any of these alleys may object to such vacation by writing to the director of Public Works for their hardship within 90 days from the adoption of this ordinance. The alley will be removed from the list of alleys to be vacated and will need to be vacated through the provisions of 55-14 of the City Code. In other words, then they will remove that alley from the 311 and they would just go through the ordinary process if the other neighbors would like to then close the alleyway. Mr. Alfonso: Can we say that it will be removed from the process if we can't reach some other agreement? In other words -- Commissioner Carollo: Understood. Yes. Commissioner Suarez: Wait, wait, wait. Chair Gort: Go ahead, yes. Commissioner Suarez, you're recognized. Commissioner Suarez: That -- I'm -- with all due respect to my colleague, the language of that is unacceptable on a multitude of different levels. First, you are -- they have to demonstrate a financial hardship, so it's not just they say that they have a financial hardship. They have to demonstrate a financial hardship. So I think there should be a hearing for them to demonstrate a financial hardship; that's issue number one. Issue number two is the issue that they're talking about, which is that hardship should be demonstrated in cohesion with the entire rest of the block, whether it's that there's a concession to the other owner or if -- it's a hearing, in other words. Just like any other appeal, it's going to be a hearing. So all the neighbors might come in that block and say, "No, no, no. Listen, I'm sorry that you can't pay your $50 in taxes, but there's eight of us here, and there's been two shootings; there's been a stabbing; and there's been, you know, needles here every single day. So your financial hardship, even though you're appealing on that basis, is minor in comparison with the hardship that everybody else faces, which is the crime, the drugs and everything else." So I think that financial hardship has to be taken in conjunction with everything else. I don't think it's just a matter of you say 'financial hardship, " you get off the list and that's it. I think it has to be with all due -- I mean, I think -- I understand your idea, and I get the gist of it, and I think it's the right idea. I just -- the implementation of it, I think it should just be a grounds for appeal, just like everything else. It's a -- financial hardship is a grounds for appeal; you have a hearing; you demonstrate your financial hardship, number one; number two, you look at it in the scope of everything else, whether it's some sort of a settlement, whether it's all the other adjacent property owners, if there's been a bunch of murders, and stabbings and, you know, then your fifty dollar or twenty-five dollar annual hardship has to be measured in conjunction with all those other things. So I think that's the better way of doing it. So I would -- I agree with your concept. I don't agree with that wording, so I don't know how we go from here, but I do agree with the concept. Chair Gort: Who is the maker of the motion? City of Miami Page 36 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff There's no maker. I'll make the motion as adopted by -- Mr. Hannon: I'm sorry, Chair. The maker of the motion was Commissioner Suarez with a second by Commissioner Carollo at 10:11 a.m. Chair Gort: Yeah. Commissioner Suarez: Right. And so he was proffering an amendment, which -- Commissioner Sarnoff I wasn't here, that's why. Commissioner Suarez: Yeah. He was proffering -- there you go -- an amendment. I would respectfully not adopt that amendment and proffer my own amendment in its place, incorporating his concept, but having a different vehicle to implement his concept. Is that fair? Is that fair? Chair Gort: Yeah. Commissioner Carollo: I don't mind as long as we work out the language to make sure that my intent is met -- Commissioner Suarez: Is met. Commissioner Carollo: -- because if there was the other neighbors that got burglarized and so forth, they could go through the provisions of Code Section 55-14 and actually file for that vacant alleyway to be closed, and then you just follow the regular, so that's why; if the other neighbors would be in disagreement, there is an avenue for it to be closed, and you have to admit, Commissioner Suarez, neither you nor I brought this along. This was brought by the Administration, and I would venture to say the reason why you never brought it forward and the reason I never brought it forward is because we never had residents coming to us and saying, "Listen, we need to close our alleyways." So again, I'm just trying to appease everybody. And some people do have financial hardship, and it could be different. It could not just necessarily be property taxes; it could be moving a fence; it could be -- so that's where -- and again, I just -- let's work on the language -- Commissioner Suarez: Right. I agree with your concept. Commissioner Carollo: -- so we're both comfortable. Commissioner Suarez: I agree with your concept, and I agree with allowing that to be a component in the appeal, and I think that in the appellate procedure, the appellate body can decide a variety of different things, one of which is to offer it to the abutting property owner; another one being to let them go through the regular process -- Commissioner Carollo: Right. Commissioner Suarez: -- like you've demonstrated; let the other owners just go through the singular process -- Commissioner Carollo: Understood okay. Commissioner Suarez: -- rather than just doing it wholesale for the whole entire alley or whatever other remedies that they fashion. Chair Gort: What's the amendment? City of Miami Page 37 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff And just going to make -- throw a pipe in. I want to make sure that the financial hardship is demonstrated by substantial and competent evidence. Commissioner Suarez: Fine. Commissioner Sarnoff That evidence to be something akin to what you would show to CDBG (Community Development Block Grant) and four years of tax returns. Commissioner Suarez: Four is a little bit excessive. Two, two. Commissioner Sarnoff Two years. Commissioner Suarez: Thank you. Commissioner Carollo: Yeah. And Commissioner Sarnoff-- Commissioner Suarez: Just for records purposes. Not a lot of people keep four years of taxes. Commissioner Carollo: -- some people that have financial hardship, I mean, in all fairness, they don't have all their documentations and they don't have other things -- Commissioner Sarnoff And you know what I've noticed, Commissioner? Commissioner Carollo: -- and it makes it more difficult and -- Commissioner Sarnoff You know what I've noticed Commissioner Carollo? Sometimes, people claim to have financial hardships as they have two loaves of bread under their arms, and all I'm saying is substantial and competent evidence would be something that -- you're asking a governmental entity to accept the fact that you're claiming resource challenge. In that resource challenge, you should have to establish that through some type of testimony and/or evidence. Commissioner Suarez: Okay. So the amendment is -- just to clarify for the Chairman and the Clerks, the amendment is that an appealable condition is a demonstration by substantial and competent evidence of a financial hardship that the body can make a determination on in conjunction with other solutions for the abutting property owners. Chair Gort: Right. Okay. Ms. Mendez: Just to -- I'm sorry -- just so that I'm clear, since we have to draft this, on page 3 of 3, there is an appeal section. Commissioner Suarez: Right. Ms. Mendez: And in the appeal section, it says, "An appeal shall only be granted if there is substantial, competent evidence in the record that the closure, vacation and abandonment of the alley adversely affects the public health, safety and welfare according to the following criteria." And you have "A," "B," "C" and "D." Did you want to put an "E" -- Commissioner Suarez: Yes. Commissioner Carollo: Yes. Ms. Mendez: -- and then say that financial -- one of you said it artfully -- financial -- Commissioner Suarez: A financial hardship -- a demonstrated financial hardship where the trier City of Miami Page 38 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 of facts can first prove the demonstration of financial hardship; and second, fashion remedies with the abutting property owners that may accomplish the goal of promoting safety and public welfare; and third, the demonstration of financial hardship shall not overcome demonstrations of -- in my opinion -- public safety. Ms. Mendez: It already -- in the appeal section, it says, "An appeal shall only be granted if there is substantial, competent evidence that the closure, vacation and abandonment of the alley adversely affects the public health, safety and welfare." Commissioner Suarez: Yeah, okay. Ms. Mendez: So it's already pretty -- Commissioner Suarez: Got it. So I'll just strike that last part. Ms. Mendez: Okay. So then we'll amend that. Also, we have to amend the dates since we're -- because this has come up so many times that the dates were -- need to be refreshed. On page 2 in Section 3, the new date, instead of December 19, 2014, it'll be February 8, 2015. Then in Section -- the section that -- page 3, it'll be February 8, 2015 again; and then lastly, this ordinance shall become effective on March 23, 2015. Chair Gort: Okay. Mr. Alfonso: And what do we have? Chair Gort: There's a motion. Is there a second? Mr. Alfonso: Yes, we have an amendment. Commissioner Carollo: Yeah, the motion was originally made by Commissioner Suarez -- Commissioner Suarez: As amended. Commissioner Carollo: -- and second by myself. Chair Gort: You have to add additional -- Mr. Santamaria: I have an additional amendment. There is an alley that is on the list, and there's a scrivener's error in connection to the description of that alley. It's alley number 122, identified as 21-Q2. Instead of ending south at 21-QJ, it should read, "ending south at 20th Street." Ms. Mendez: But just for the record to be clear, is this a new owner, or is it the same owner of that alley? Mr. Santamaria: It's the same. Ms. Mendez: Same owner. Mr. Santamaria: They have received notice. Ms. Mendez: Okay. Chair Gort: Okay. City of Miami Page 39 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Suarez: There's a scrivener's error in the legal description. Ms. Mendez: Correct. Mr. Santamaria: Right. It's a scrivener's error in the description of the alley in Exhibit "A." Ms. Mendez: Right, but it doesn't affect to anyone else that has not already been noticed. I just wanted to make that clear for the record. Chair Gort: Okay, is there any further discussion? Being none -- yes, sir; I'm sorry. Vice Chair Hardemon: I understand all of the concern that we have for safety within our communities. I don't think that just because we close the alleyways in this function or this fashion, rather, that the alleyways will emphatically be closed. I think a lot of them will still be open alleyways, besides the ones that may be abutting commercial residences, because they have a financial interest in actually closing them, and they have the ability to actually put a gate there to enclose their properties. But some properties on this list that are abutting residences where there are elderly people will never be closed, and they will just remain that way until maybe their home is sold and some other owner who has the ability to close it will close it. And understandably, we say that the people who abut those alleyways have the responsibility of maintaining them, but in a lot of instances, they are not maintaining them, and so giving the land will not increase the ability for them to maintain it or guarantee that they will maintain it. I personally believe in closing alleyways to give it to abutting property owners, because we want to increase their property value if they wish. So, for instance, early on the agenda, there was an item that gave someone an adjacent property right, and I'm sure he was ecstatic about it. He paid some dollars for it, but that's neither here nor there, but the way that we're going about doing this, to me, creates a lot of unintended consequences and I don't feel that this is the way that we should go about doing it, rather than allowing them parcel by parcel, so we can look at each item as each case presents itself. So with that being said, there's no way that I can support it in this fashion. Chair Gort: Okay. Thank you. Madam Attorney, will you read it? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: I'm taking out "immediate effective date," because we gave the effective date is going to be March 23, '15, but all of this is as amended with all of the incorporated amendments. Commissioner Suarez: Just for clarity's sake, because the Clerk had asked me, and in fairness to him, the more I thought about it, the more I realize it is the fair thing to say. Under "E," in terms of substantial and competent evidence demonstration of financial hardship, it should say, you know, two years of tax returns, which is -- which was what -- did we finally agree on that, or do we not -- do we --? Ms. Mendez: That wasn't mentioned. It was just going to be a demonstration of financial hardship. They obviously would have to demonstrate that -- Commissioner Suarez: I know. Ms. Mendez: -- to PZAB (Planning, Zoning & Appeals Board), and, you know, PZAB -- Commissioner Suarez: I don't have a problem with that not being in there. Ms. Mendez: Not -- City of Miami Page 40 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Suarez: I didn't bring it up. I just want to be clear, because in fairness to the Clerk, the Clerk wanted clarity on that issue. I don't have an issue with it. Ms. Mendez: Okay. I didn't see the financial -- I did not hear -- I'm sorry -- the financial tax return component. Did you want that --? Commissioner Sarnoff I don't want somebody coming in front of us without some semblance of tax returns. Ms. Mendez: Right. Commissioner Sarnoff And I think, you know, Commissioner Suarez says four years is too onerous, okay? But two years is not. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: The only issue I have with that -- and let's be clear. I've always been a stickler for making sure that you have evidence, especially when it comes through a financial hardship. A lot of their financial hardship is so much, they don't even file tax returns. Commissioner Sarnoff Well, then, I'll be honest with you -- Commissioner Carollo: So I guess what I'm saying is I have seen items come before this Commission for a lot more financial or monetary amounts and we just look the other way, or it's not really demanded that financial disclosure be shown. And here we are, you know, we are -- I don't know if we're the fourth poorest, if we're the third, second -- I don't know where we are on the list -- city -- a large city in the United States, but I would, you know, invite you to take a ride with me through East Little Havana, and you'll see what I'm speaking about. And unfortunately, sometimes, all that documentation, isn't just there. Now, you mentioned with regard to fraud. Remember, I'm a former fraud investigator for the County. I did my fair share, and if you go back in history, you'll see I was very successful at it. So I understand your issue with people claiming financial difficulties when they're really not, but at the same time, I think, you know, let's try to have some flexibility there, because, you know, moving a brick fence that has been there for -- I don't know -- 20, 30 years, you know, may be a financial hardship on someone, even though, yeah, maybe they already -- they don't make -- they don't earn below the poverty line, but you know what? They already have certain expenses. They already have regular expenses that, you know, they've already, you know, bounded by. And all of a sudden, moving a fence could be a hardship. Commissioner Suarez: Could I just -- Commissioner Carollo: That's why I'm saying if -- you know, let's be somewhat flexible. And this is coming from, probably, when it comes to finance, your more conservative Commissioner. Commissioner Suarez: Can I just -- Chair Gort: Yes, sir. Commissioner Suarez: -- see ifI can solve this, I think? I think what we can do is say something like: "Substantial and competent evidence will have been established if someone brings two years of tax returns that prove that, according to the CDBG regulations, they have met the poverty levels." So in other words, you're setting a presumption that if they bring that information, then the -- that doesn't necessarily mean that they get the vacation; that just means City of Miami Page 41 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 that the financial -- and that doesn't mean that that's all that -- in other words, the trier of fact can have -- can take whatever substantial and competent evidence they want, but if they bring that information, then that -- on that issue, it's conclusively proven, established, okay? It doesn't mean they're going to get the vacation. Commissioner Sarnoff I agree, and I'm not trying to mix metaphors here. There is an obligation in the United States of America to file a tax return or to demonstrate why you don't need to file a tax return. If you want to demonstrate that the Federal Government, in its infinite wisdom, has determined you should not have to file a tax return, that is, by definition, going to mean $15, 000 a year or less of income. Commissioner Suarez: Right. Commissioner Sarnoff So I'm not saying you have to have a tax return. Commissioner Suarez: Right. Commissioner Sarnoff Alternatively speaking, if you are obligated to file that tax return, I don't think it's too onerous for a fee simple absolute owner in the City of Miami, who -- maybe they didn't file tax returns last year because they chose not to, okay? Do -- wait. Do you want a person coming before a tribunal and saying, "Well, I didn't file tax returns last year, Commissioner." What about the year before? `I chose not to do it either." How much did you earn? `I don't know." Commissioner Suarez: But that may not be the case at all, because I'll give you an example. As you know, I do -- I'm a real estate attorney. I can't tell you how many times, every single year, right around tax time, I get a call from my client saying, "Can you send me the closing statement for my home?" It's a half a million dollar deal and they lost the closing statement. In other words, it may not be that they didn't do their taxes. It may just be that they didn't keep a copy of their taxes. So what I'm saying is if they bring a copy of their taxes, that's substan -- that's considered substantial and competent evidence, because we're saying, `If you're in the poverty level and you produce your taxes, you have conclusively proven that you have a financial hardship. That doesn't mean that your alley vacation is approved, because you have to take into consideration all the other factors." Chair Gort: Okay. Gentlemen, we have -- Commissioner Suarez: Are you hearing what I'm saying? Are you listening to what I'm saying? Chair Gort: -- this could go on -- Commissioner Sarnoff I -- Chair Gort: -- all day long. Commissioner Suarez: I don't think you're listening to what I'm saying. Chair Gort: Just come up with a conclusion. Ms. Mendez: Since this is such an important issue to everyone, can we please then table this till the afternoon and draft a -- Commissioner Suarez: No. Ms. Mendez: No? City of Miami Page 42 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: No. Ms. Mendez: Okay. Then if that's the case, then are you going to agree on the -- Commissioner Carollo: We'll take it -- Ms. Mendez: -- tax returns or not? Commissioner Carollo: -- up on the first item when we come back from lunch. Chair Gort: No. Commissioner Carollo: Let's table it. I think -- listen, I think we're getting there. Let's just massage it a little more. I think we're getting there. Let's bring it back on the first item after our lunch break. Chair Gort: We got a couple of -- Commissioner Suarez: Deal. Commissioner Carollo: Okay. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I don't think we should table the matter to another time. We've had a lot of discussion about proof of income, but there's no discussion necessarily about proof of expenses. And many times, our expenses that we have within our families, within our communities are not properly documented. So I can't tell you how many times that, you know, we've in our community had to take care of things for our family, and how do you properly document that; necessarily, that expense? How does it change from time to time? How do you document taking care of someone else's children and someone else's family that you don't account for them on your tax roll for? So -- Commissioner Suarez: And that's why I'm saying that I don't think you should say that providing two years of taxes is what's going to meet a financial hardship, because, as you said there may be a lot of other factors. What I'm saying is kind of the opposite. It's conclusory [sic]. If you bring the two years of taxes and you are in the poverty level, you have conclusively proven that issue, okay? That doesn't necessarily mean that -- there are other ways you can prove it; there's a million other ways you can prove it. Chair Gort: Let me ask you a question. Commissioner Carollo: Mr. -- Chair Gort: Let me ask you a question. My understanding is if you're going to apply for the incentive in taxes, people 65 years or older, some of them don't even pay City taxes because of the deductions that we give; am I correct? At the same time, I understand if you want a transit pass from Miami -Dade County, you have to show some kind of -- Unidentified Speaker: Poor. Chair Gort: -- poor tax or something. So I think that's the procedure that's been established in City of Miami Page 43 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 many of the benefits for the citizens. So let's make up our mind and let's -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Ms. Mendez: Can you give me 10 minutes; just a 10-minute break, and we resolve it now? It's a happy median. I think we're -- Chair Gort: You're going to work on it. RE.8 and RE.9. They been waiting here. Commissioner Carollo: And Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Just real quick. You know, I think Commissioner Hardemon, you know, mentioned it very eloquently and -- as to what I was trying to establish with regards to expenses. Commissioner Sarnoff, I don't know, maybe you don't understand or you haven't seen it, but you have the two Commissioners with the two poorest districts saying, "Hey, there's an issue with expenses and so forth," so, listen, I'll welcome the discussion. We'll table it, 10 minutes later, but this is an important issue, and I think I don't want to just rush through it. Ms. Santamaria: Thank you. Chair Gort: Thank you, sir. Later... Chair Gort: Can we get the alleys? Ms. Mendez: Okay, I've handed over to you what I think encompasses everything that was said. In Section 4, what's highlighted is what we're adding, so in Section 4, it would be in 4-2. An appeal shall only be granted if there is substantial competent evidence in the record that the closure, vacation and abandonment of the alley adversely affects the public health, safety and welfare, and what's added is: "Of the community, or is the cause of financial hardship to a property owner." That's what's added. I think it's highlighted in yellow for you, right? Is it? I hope. Okay, thank you. Great. `According to the following criteria." And then it's all the criteria that was there, and then we're adding the new Section "E" and the Section "E"says : "Demonstration of financial hardship to property owners where the PZAB" -- and that has to be changed to 'Planning, Zoning and Appeals Board' -- "determines after a noticed public hearing that the financial hardship to the property owner outweighs the public health, safety and welfare of the community." And then it talks about the PZAB sitting in its quasi-judicial capacity, may consider an appeal to remove an alley from this ordinance where an abutting property owner may demonstrate financial hardship by competent substantial evidence. This evidence shall include: Proof of payment of prior two years or ad valorem taxes; the prior two years of filed income tax returns" -- and then this is where the flexibility comes in on the tax returns -- "or a sworn statement under oath, subject to perjury, as to why tax returns are not provided," and proof of -- "and proof that the owner falls within Community Development Block Grant poverty guidelines. Such evidence will raise a rebuttable presumption of financial hardship which may result in the removal of the alley from this ordinance." And then I put the catchall: "Not necessarily just because of the financial hardship, but for any reason, the PZAB may consider other alternatives for the ultimate ownership of the alley, including but not limited to allowing an abutting owner on the other side of the alley to acquire the alley in order to prevent the alley from being removed from the list of those to be closed." City of Miami Page 44 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: Mr. Chairman. Chair Gort: Okay. Yes, sir. Commissioner Carollo: Couldn't we just take this up as the first item after -- Chair Gort: People have been waiting here all morning. Commissioner Suarez: Look, Mr. Chair, I'm fine with it. The only thing I would say is under small 2, "the evidence may include proof of payment," and that that is a rebuttable presumption, because if you're saying "shall, " then it's a requirement. So it's "may," and then that's a -- that creates a rebuttable presumption; that's it. Everything else is fine. Chair Gort: Vice Chairman Hardemon. Vice Chair Hardemon: Right. In regard to this document that we just received -- well, actually, all my comments really fall within this section. The first one, I would like to make a friendly amendment to Section 4 where it says "appeal for public health, safety and welfare." It says any property owner -- "Any owner of property within 500 feet." I would like that to be amended to be 1, 000 feet. Commissioner Suarez: What? Which one? What is it? Vice Chair Hardemon: On Section 4. It's actually within the section that we're looking at right now. Commissioner Suarez: Four what? Vice Chair Hardemon: Look at the -- Commissioner Carollo: The second sentence in Section 4. Ms. Mendez: Right, second sec -- right; second sentence from the top of the document you just received in the ordinance. Vice Chair Hardemon: So it allows an appeal of a property owner within 500 feet, and I would like it to be a thousand feet. That was one of the things that I -- and I'll read to you what my issues are here, and then we can make the agreement here or there, whether or not we want to do it, but -- and then on Section "E, " the standard, I mean, it says that `Demonstration of financial hardship to property owners where the PZAB determines after noticed public hearing that the financial hardship to the property owner outweighs the public health, safety and welfare of the community." That would never, ever, ever happen. I -- that language, to me, is doomed from the moment that this was printed or even conceived of so I don't know if that's the way that we want to measure whether or not -- Commissioner Carollo: No, it's not. Vice Chair Hardemon: -- we want to do it, so that's my first thing. Under Part 2, it says, "Falls within the Community Development Block Grant poverty guidelines." I'm assuming we're talking about the percentage of the income, so I'm -- necessarily okay with that. But then on Part 3, where it says, "Such evidence will raise a rebuttable presumption of financial hardship which may result in the removal of the alley from this ordinance," my question is, why is it being termed "a rebuttable presumption," as if the City is now going to rebut the presumption or -- the City's going to rebut whether or not it is a financial hardship? I thought that this was just the property owner saying that "I have a financial hardship, " so then he is going to present his City of Miami Page 45 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 financial hardship, and it's going to be determined whether or not it is or is not, so in making a rebuttable presumption, it's saying that to me, when I read it, is that it is presumed now to be a financial hardship, and then someone is going to rebut that with some other evidence. Commissioner Suarez: Look -- Ms. Mendez: The rebuttable presumption is because if somebody's going to come under oath and swear that, you know, he cannot afford this -- accepting the alley, then -- and somebody comes back the next day and say, "Oh, by the way, Mr. So -And -So just won a million dollars in the lottery," and that's the rebuttable part of it. Commissioner Suarez: Like, for example, since you're giving appeal rights to anyone within 500 feet of an alley and you're saying that a financial hardship is one possible thing, and they say, "Well, I can't pay my taxes; I can't pay my taxes and here's evidence of that," and somebody comes back and takes a picture, and they are walking in a 70-inch television to their house or they have a -- three Mercedes Benz parked in the front yard, or whatever evidence you want to allow or you want to take into consideration as the trier of fact to rebut that presumption. If you're a neighbor that says, "Hey, look, this is health and welfare safety, and we really should close this" -- or "We should really give this alley to the property owner so that they could potentially close it," and the fact that they're saying that they have a financial hardship is not true, because they live a very lavish lifestyle. I don't know. That's the only -- I don't -- listen, I said "conclusive evidence, " not "rebuttable presumption." My drafting language was to say that if they show this, it's conclusive of a hardship. In other words, two years of tax returns that you're CDBG-poor, that's conclusive, so nobody can rebut that. Do you understand what I'm saying? Vice Chair Hardemon: Right. Commissioner Suarez: That was my language. Vice Chair Hardemon: So this is a bit more -- Commissioner Suarez: This is more debatable. Vice Chair Hardemon: Right, right. Commissioner Suarez: You know what I'm saying? Chair Gort: Right. Let me ask a question. A thousand feet, you're talking about people within the alley, residential; not from any other -- Vice Chair Hardemon: No. So the way that it reads, the same, any owner of property. But I want it to be within 1,000 feet instead of 500 feet, so it's not any person who's just within the community that wants to appeal it. Chair Gort: Right. So if the property -- Vice Chair Hardemon: Just the property owners within 1, 000 feet. Ms. Mendez: Technically -- Chair Gort: What's the length? The question is, what is the length of the -- Ms. Mendez: Well, technically, if you do -- City of Miami Page 46 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: -- property? Ms. Mendez: -- 500 feet, it's usually like the abutting property owners to that alley, because if you open up the world of -- to a thousand feet, then you can have the -- you know, the neighbor two streets -- Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: -- down that use the alley to walk or for some reason or -- so the thousand feet obviously opens up the pool to more affected persons. It depends how you see it. If you want the abutting people who are abutting, it'll cover the 500 feet, or if you want a bigger pool of people to be able to appeal this. Chair Gort: And a bigger pool can be used by the neighbor that's not friendly with the neighbor asking for it, and he might want to appeal it, although it's not being affected. Vice Chair Hardemon: Well, my point here is that under this section, it's an appeal for public health, safety and welfare, so the way that I see it, public health, safety and welfare includes more than necessarily just that abutting property owner; it may be the person whose property own -- who's outside of that 500 feet. But I also want to be cognizant that I don't want it to be too, too far away from the alley, and that's why I said a thousand feet. But on Part `E" -- and that's a matter if the mover and the seconder wants to accept it; they can or cannot. I'm not here to belabor us with that discussion. That is my request. And then Part "E," however, where you have to "outweigh the public health, safety and welfare of the community," I think that's just too far of a burden for someone to meet. So you can -- Commissioner Carollo: That -- I agree. Vice Chair Hardemon: -- to me, you can strike the "whether it outweighs the public health, safety and welfare," but just a demonstration of financial hardship to the property owners that the PZAB determines after a noticed public hearing. Ms. Mendez: I'm sorry, Commissioner, can you say that again? Vice Chair Hardemon: What I'm saying is I would say that we should strike under Part "E" the section that goes from "that the financial hardship to the property owner outweighs the public health, safety and welfare of the community",- that should be stricken from this. It just should be a determination or demonstration of financial hardship to the property owners, but to -- what I'm saying, an argument is that to say that it must outweigh the public health, safety and welfare of the community, I couldn't imagine a situation where that would ever occur. Commissioner Carollo: So -- and just to be clear, Commissioner Hardemon, so you would say in "E," "demonstration of financial hardship to property owners, " period, and stricken the rest. Vice Chair Hardemon: You can do it that way, but the PZAB Board is the one that determines it. That can be included within it, also. I mean, those are just minor details. Commissioner Carollo: So what you're saying is that after the comma, that says -- after the comma, the comma that says -- the comma after "determines, " that's where you should -- there should be a period is what you're saying. Ms. Mendez: Just -- I believe it's "outweighs the public health, safety and welfare of the community" is all that's going to be taken out, and then I just have to put in a qualifier. "The demonstration of financial hardship to property owners where the PZAB determines after a noticed public hearing that a financial hardship to the property owner exists. " Period. City of Miami Page 47 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Vice Chair Hardemon: That would be fine. Chair Gort: Okay. The maker of the motion, is he around? Ms. Mendez: And just have to -- Chair Gort: Commissioner Suarez? Ms. Mendez: I'm sorry, Chairman. I just have to say there was one more date on this -- there was like four dates on this; we talked about three of them. The other date, which is in Section 3, Sub -Section 2: "The City Manager or designee determines that the public alley does not meet criteria listed in 54-41, the public alley shall be removed from Exhibit "A" on or before" -- I just wanted to make it the effective date of the ordinance -- "3/23/15." Chair Gort: Yes. We're ready to go. Okay. Does anyone understand? We got a motion on the agreement. Vice Chair Hardemon: Was the -- by -- and I want to know from my mover and my seconder -- was the 1, 000 feet amendment accepted or not? Ms. Mendez: Right, there's a couple of amendments: the thousand feet, and then the "outweighs " sentence, and then "shall" and "may. " Those were the ones that were amended, in addition to the new language. Commissioner Carollo: I'm okay with it, Commissioner. Commissioner Suarez: Here's the concern that I have. I'm sorry to be -- Chair Gort: I'm not -- I have a problem with that. Commissioner Suarez: Yeah. Chair Gort: Because anyone can come and -- that's not being affected and be able to complain. Commissioner Suarez: Look, I have a couple of concerns. One concern is -- actually, I'm concerned on both the items. I actually think it should be less than 500 feet, but -- I think it should be just like abutting property owners or something like that, but -- because I almost go in the opposite direction. Five hundred feet, I think, is the notice that we give. I think the reason why they use the 500 feet, that's the notice that we give on zoning -- Ms. Mendez: Right, right. Commissioner Suarez: -- matters. So we've used that as a number to say, "These are the people that may be affected" I think it's an overkill, 500 feet, to be completely frank with you. I think a thousand feet is just an invitation for anybody to appeal, and it could just get very, very cumbersome. The "E" one which talks about the -- here's the concern that I have is, let's say, for example, you're on a block, and one of the owners demonstrates a financial hardship; yet, in that alley, there's been -- and I'm obviously making up an example, okay? Let's say there's been two murders in the last month, right? I don't think that that person's financial hardship should outweigh the fact that there have been -- that that's a problematic alley, and all the owners there are in agreement that they should take ownership of it and close it off. That's the concern that I have. So I just -- I think that that financial hardship, while important, should be balanced by potentially other factors. That's my concern. City of Miami Page 48 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Vice Chair Hardemon: Mr. Chairman. Commissioner Suarez: I don't know how to resolve it, but -- Vice Chair Hardemon: And so -- and my point in that -- and I completely understand where you're coming from. Well, in -- but I will say, in the community where I probably have the most murders, most of my murders happen on main streets or within communities that necessarily don't even have alleys. This is where -- they're not found in alleys. So that's just -- but that's neither here nor there. That's not a part of my argument. So let me say this, let me say this -- Commissioner Suarez: Can I compromise with you? I'll yield on that issue on the basis of your knowledge of your district. if you yield on the feet requirement. Vice Chair Hardemon: I don't know if we have to yield -- I have to yield just yet. But I will say -- because I probably will lose the feet requirement anyway so -- Chair Gort: There you go; now you're winning. Vice Chair Hardemon: -- I know that. Chair Gort: Take it. Take it. Take the deal. Vice Chair Hardemon: But the balance -- when you're talking about balance, there's just no balance. It is out of balance in the language that is written right now, so I -- that's why I'd rather have the change, so I appreciate that. I understand that the Commission's will is to go with the 500 feet, and I accept that also. I mean, I'm not here -- like I said I'm not here to belabor us, but just to present the argument and hope that we have an opportunity to debate upon it. Commissioner Suarez: And this is an ordinance that we could always address, I guess, in the future, but, you know, obviously -- but I just think that -- you know, I think at this point, we have beat -- we have killed this -- we have beat this thing to death and it's just a matter of moving on SO. Ms. Mendez: Now, but the moving on, just so I'm clear, that sentence, is it staying or is it going? Commissioner Suarez: We're going to leave the 500 feet as is, and we're going to delete the -- after the comma of `public hearing" all the way to the period. Ms. Mendez: Right. So it's going to read: "Demonstration of financial hardship to property owners where PZAB determines after a noticed public hearing that a financial hardship to the property owner exists," period. Commissioner Suarez: Correct. Commissioner Carollo: Yes. Ms. Mendez: And then we're taking out "outweighs public health, safety and welfare to the community." Commissioner Carollo: Yes. Chair Gort: Right. City of Miami Page 49 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Mendez: And then the "shall" will be a "may." Commissioner Carollo: Right. Commissioner Suarez: Correct. Ms. Mendez: And we're leaving "rebuttable." Commissioner Suarez: Yes. Chair Gort: Okay. Commissioner Suarez: I mean, I don't have a problem with it. Yeah. Chair Gort: All right. All in favor -- Mr. Hannon: Chair. Chair Gort: Yes. Mr. Hannon: It is an ordinance, so if I may -- Chair Gort: Okay, roll call. Mr. Hannon: Roll call on item SR.2. Commissioner Sarnoff? Commissioner Sarnoff Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: Against. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: I almost voted -- feel like voting against it just out of principle. Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, 4-1. Ms. Mendez: As amended. Mr. Hannon: As amended. Commissioner Suarez: Now I know I got to be careful when making deals with you. I can't make deals with you. Mr. Alfonso: Mr. Chairman, we want to make sure that we understand that we have a executive session at 2 p.m. City of Miami Page 50 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 SR.3 14-01162 Chair Gort: We'll be back at 3. Mr. Alfonso: Three? At 3 p.m.? Okay. Later... Chair Gort: City Attorney, you have any -- make a statement about the special meeting? Ms. Mendez: Instead of going to the special meeting right now, we're going to postpone it till a little later, till about approximately 4:30, and we'll continue with the regular meeting at this time. Chair Gort: Thank you, ma'am. We're almost done. All we have is board appointments and (UNINTELLIGIBLE). Commissioner Carollo: I'll come back when there's quorum. Chair Gort: Don't go away, don't go away. As soon as somebody comes in, we'll get going. Come on. Can I get the sergeant at arms to go around and let the Commissioners know they should not be upstairs? Maybe they're upstairs. ORDINANCE Second 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 Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item SR.3 was continued to the February 12, 2015 City Commission Meeting. Chair Gort: SR.3. Daniel J. Alfonso (City Manager): Commissioner, SR.3 is an ordinance that you proffered about public urination and defecation prohibition. Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Discussion. Vice Chair Hardemon: I do have something. City of Miami Page 51 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Yes, sir. Vice Chair Hardemon: Madam City Attorney -- Mr. Alfonso: We have to read it. Commissioner Carollo: Yes, I understand. Chair Gort: Yes, sir. Vice Chair Hardemon: Were there any changes that were made to the bill -- I'm sorry -- to the ordinance? I know we had some discussion about some of my concerns regarding this. Ms. Mendez: Yes. We haven't made any changes per se to this ordinance. There was supposed to be a discussion, but -- on the dais, but one suggestion that -- you were concerned about the arrest on a first-time violation, so the suggestion had been that the first time, maybe a warning, and the second time would be an arrest and that we would give language with regard to that. Vice Chair Hardemon: So to be clear, so the members of the Commission understand, what I saw when I read this document, it basically showed me that if you were urinating or defecating in public, the police had the power to arrest you then and there, and that's how they would apply. And so I thought about it didn't really give us any opportunity to think about people who may not -- maybe couldn't find a bathroom, or really had an emergency, and so we're talking about our normal citizen. Someone goes out, someone has a good time, maybe have -- and I can use the example of someone having too much to drink, or I could not, but them finding themselves having to publicly urinate behind a tree or whatever it may be, but then still being subject to arrest, and I didn't think that that was something that we had the intent to do, which was to arrest law-abiding citizens who may have had to use the restroom or urinate in public versus some other people who may be doing it as a nuisance to our community, so I want to be able to, possibly on the floor, make some amendments that we can make an adjustment and say if this is your first time, maybe you receive a warning before we move forward and make an arrest, because if we're trying to address people that are continually doing that, they'll take -- the warning is for day one, but I'm sure they'll do it again and be subject to arrest. Chair Gort: I can understand, but the problem that I see, we have -- very difficult to have enforcement, so how do you keep track of a person that has been warned once, but then you got a different person that sees it the second time? And the biggest problem -- and I have to tell you, just about everywhere within the City of Miami, you can find a restroom in a public place -- not a public place, but I mean a restaurant. There's the McDonald's, the Burger Kings; there are all kinds of facilities where people could go. And mainly, my understanding is we didn't have anything in the book, and that is taking place, and we got -- we receive quite a few complaint. Matter of fact, I was driving the other day, and one of them was doing it, but he -- like you were saying, he was way back, and hidden and all that, and didn't bother me. But I don't know. It's the enforcement of it which makes it very difficult. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: If -- so if there was a way -- and I'm sure, because within the Police Department, police officers, they do give out official warnings to people, and it is something that's put into the system. They do record the identity of that person, much the same way as if a police officer gives you're a courtesy if you're speeding, and says, "I'm going to give you an official warning." City of Miami Page 52 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: I never had that. Vice Chair Hardemon: You never had that before? Chair Gort: I always get the ticket. Commissioner Carollo: Mr. Chairman, ifI may? Chair Gort: Let him finish. Go ahead. Commissioner Carollo: And, Commissioner Hardemon, the difference that I see with that is there, the officer could actually give the ticket, but he uses his discretion and chooses not, where here, he also has the discretion of not arresting the individual; however, if he feels he needs to, he can arrest him, so he's got that discretion; where if we put an amendment where he doesn't -- he can make the arrest, because he has to do -- like for instance, trespassing; trespassing after warning. Here, someone could urinate in the street and, you know, "Hey, if a cop comes, I'll just tell him, 'Give me a break, okay; I won't do it again.'" You understand? And I think that's a problem that Commissioner Gort is, you know, stating, and in all fairness, I've seen, and I've seen it more and more often -- Vice Chair Hardemon: No, I -- Commissioner Carollo: -- in the streets of Miami. Vice Chair Hardemon: -- and I get it, Mr. Chairman. What I'm trying to avoid I do not want the officer to have the discretion to make the arrest on the first stop; that is it. That is my point, because discretion is something that you can -- it is a privilege that an officer has, and so the question then becomes: Who do you arrest on the -- who will get arrested and who will not get arrested? IfI look at the statistics, say, from now -- say right now, we don't have any statistics, we don't have any arrests about this, but looking forward four years from now, then I'll see everyone who was arrested was arrested on 17th Street and Northwest 1st Court. They were those that made less than $20, 000 a year. They happen to be of African -American or Hispanic descent. That becomes the statistic, versus if you give someone at least a warning first, now that person is at least knowledgeable that, "Okay, I can't do this in public," because if you -- ifI were urinating in public -- which I can say on the record I have urinated in public before, because I had a need to -- I would not have appreciated to have been arrested, being that I wasn't out there to do that negatively to affect our community, but it was because it was a call of nature, and that's my only discrepancy with -- Commissioner Carollo: I see, and I'm trying to think how can we massage it to alleve [sic] your concern? But it's difficult, because what happens is, Commissioner Hardemon, one day, maybe this officer sees him, but another day, it's another officer, and you don't have no record that some other officer already warned him or not. I mean, listen, it is seen here and there in the City of Miami, but it's not something that you see like every day, you go out there and you see it, but it is a problem, so I don't know. I don't know. I mean, I'm willing to listen to suggestions on how to remedy it, but -- and maybe even listen from -- to Commissioner Sarnoff. And let me tell you something, we dealt with this recently with the Pottinger settlement or the adjustment to the Pottinger settlement, so we dealt with it, because under Pottinger -- and I don't want to misspeak, but this is my understanding -- it was -- if the person happens to be homeless and they were urinating or defecate in the public, really, there was nothing you could do. Now, even if they were next to a bathroom, a public bathroom, they could still urinate out in the open; where now, you know, it's a little bit more reasonable where if they're "X" number of feet from a public bathroom, or somewhere where they could actually urinate, there's no need for them to be urinating in the sidewalk. City of Miami Page 53 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Vice Chair Hardemon: But in this ordinance -- Mr. Chairman, through the Chair, in this ordinance, there is no such guidelines for a person that is here that is a normal individual who is not homeless, who is urinating in public. There is nothing that says that a restroom has to be within a certain vicinity. It gives -- it grants them less rights than it does the homeless individual. Commissioner Carollo: Understood, and that's where, hey, I'm willing to listen, so we can massage it a little bit. If -- you know, I'm willing to listen, you know, and with -- Chair Gort: Madam Attorney, I think you have some suggestion. Victoria Mendez (City Attorney): Okay, the suggestion that we have is a first violation of this section shall result in a written warning. A second and subsequent violation shall be punishable by a fine of -- and we don't know what -- or 60 days imprisonment in jail or both. Now, with regard to the actual warning, most police officers, depending on connectivity, you can run like an NCIC (National Crime Information Center) -- I forget -- CJUS (Criminal Justice System). Commissioner Carollo: NCIC. Ms. Mendez: NCIC. You can run that and then know the priors, so if anyone's arresting on this, you might not know the warning, but at least at that point, you can ask, you know, `Have you received a warning?" what have you. They're not going to know what you're asking it for, for all intents and purposes, and it could give you a little more level of comfort with regard to that, but also allow for a warning and then punishable by the -- Vice Chair Hardemon: And because, Mr. Chairman -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- an arrest is not something to snicker at. I mean, it is a very serious thing. People lose their freedom of mobility. Sometimes they lose -- they may lose a job; someone may not be able to post bond or they -- there are a number of things that can happen once you are arrested that, I think, that are detrimental to the people who are in our community. You may lose a job, you may lose -- so it's -- this is a serious thing, I believe, when you subject someone to arrest for something like urinating in public. Chair Gort: I understand that, and I think arrest is kind of harsh also, but at the same time, maybe there could be some kind of a fine or something, because, let me tell you, I'm seeing it more and more and within my neighborhood, and I'm getting more and more calls from individuals, and I guess there's some people that used to do it in public constantly, and they don't think it's nothing wrong with it. Commissioner Carollo: And I'm just speaking off the cuff here. You know how some -- I guess ordinance in the County you could PTA (promise to appear), and it's more like a $5, 000 fine or arrest. Maybe -- Ms. Mendez: A PTA. Commissioner Carollo: -- it should be something -- a PTA, yeah, promise to appear. Ms. Mendez: A PTA is a promise to appear. It's an arrest. Vice Chair Hardemon: It's still an arrest. And so at the end of the day -- Ms. Mendez: It's an arrest on your record. City of Miami Page 54 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Vice Chair Hardemon: For instance, they don't PTA homeless people on Miami Beach when they have a bottle of open alcohol in their hand; they arrest them, even though they know that once they make it to the County, they're going to just dismiss the charge. I mean, it's the whole point of arresting someone to get them out of the certain community that they don't want them in, and so what I'm saying, that is apples and oranges here, because here, I'm trying to protect our everyday citizens or maybe even visitors that come here and I don't want them to be subject to arrest for something that they may not know there is a law about. I mean -- Commissioner Carollo: I don't want -- Vice Chair Hardemon: -- so that's my whole point. Commissioner Carollo: -- any visitors saying -- Vice Chair Hardemon: So the recommendation that I made was the language that Madam City Attorney put forward. I mean, it still has the essence of this language, if this is what the will of the body proposes, but it gives at least someone an opportunity to say, "You know, I did not know about this, " and they would not be arrested on their first offense. Commissioner Carollo: I just hope too many tourists don't come here and pee on our streets. Vice Chair Hardemon: I'm sure they pee on the streets, the beach -- Commissioner Carollo: I'm hoping that's not -- Vice Chair Hardemon: -- the trees. They do a lot more than make love to the trees, like during Ultra. Commissioner Carollo: But one thing is making love; another thing is outright disgusting. Ms. Mendez: The other -- Chair Gort: We can make it a fine. Ms. Mendez: Yes. Another option that could address all concerns is -- but this option obviously will not be -- the Police Department might not be too happy with me on this one, but a first violation will be punishable by a fine of $50; a second and each additional violation will be punishable by a fine of "X" or by imprisonment of up to 60 days in jail or both. So the first one is automatically a fine; the second one would be imprisonment or both. Vice Chair Hardemon: And just to be clear, the reason why everyone keeps saying 60 days is because for municipal offenses, it's only punishable by up to 60 days in jail, so that's where that language comes from, nothing to do with -- Ms. Mendez: Right, because it's not a first -degree misdemeanor, punishable up to 364 days in jail. Chair Gort: I'm okay with the fine after second or third, 'cause I understand -- matter of fact, the reason this came up because I thought we did had a law that would prohibit those type of activity, and I was told by the Law Department, "No, we don't have that." Ms. Mendez: Right, we don't have -- it -- the law that is normally used for urination in public is that which is under 800 that has to do more with lewd and lascivious, but the problem is that you have to be -- there's a whole bunch of categories of how you have to be in order to be arrested City of Miami Page 55 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 for -- properly for that, and it's better not to go into that in detail right now. But this is the law that's necessary to arrest just for urinating or defecating in public. Vice Chair Hardemon: Mr. Chairman. Ms. Mendez: The state statute goes to a higher level, and you can't arrest for that, just for urinating in public. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: I -- because my Chairman has expressed his liking of the language that talk about the fines, I would like to possibly amend this to include the fine language, so not the one that you initially read, but the one that talk about the first and second. It was just fines, and then you move on to the arrests in the third instance. I believe that's how you put it. Ms. Mendez: Right. It was a first violation will be punishable by a fine of $50; a second and each additional violation will be punishable by a fine of -- and give me a number that you think -- up to $500; it can't be more than that; or by imprisonment of up to 60 days in jail or both. So the fine can be $100, 150, 200, 250, anything up to $500 for the arrest, the actual arrest. Chair Gort: The same person gets fined three times, I think you can apply the arrest. Ms. Mendez: It's only the first violation that you get a fine only. Chair Gort: Correct. Ms. Mendez: Second, subsequent, and after -- so second third, fourth, tenth, it would be arrest or a fine or both. So you can arrest at the second violation, which would address your concerns. Commissioner Carollo: Yes. That's a good compromise. I mean, the first time, it's a warning; okay, so it cost them 50 bucks. Vice Chair Hardemon: You have -- Commissioner Carollo: I'll make more -- Commissioner Sarnoff But -- do you guys realize you're debating -- what you're debating? Commissioner Carollo: Yes. Commissioner Sarnoff Have you read the language? Because very simply, you could go in a park, hide behind a tree -- Commissioner Carollo: Yes. Vice Chair Hardemon: But that's my point; but it's still in public, Commissioner. Commissioner Sarnoff No. Commissioner Carollo: No. Commissioner Sarnoff No. It says -- City of Miami Page 56 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: I know where -- Commissioner Sarnoff -- which is -- Commissioner Carollo: -- you're going, Commissioner Sarnoff. Commissioner Sarnoff -- open to the public. Chair Gort: Right. Commissioner Sarnoff So the interpretation being, ifI am discreet andl have an emergency and I choose not to display it, then I would not be subject to this fine -- or subject to this ordinance. So, I mean, I always wonder how we struggle up here with human behavior, because essentially, this is Pottinger-compliant. Commissioner Carollo: Well -- Commissioner Sarnoff It -- so Commissioner Carollo feels a little more satisfied, every Pottinger person has received a card with the new distance requirements from public facilities outlining where those facilities are, so let's take the Pottinger folks out of that. Let's not take Joe Torres, Jane Torres. I don't know where you come from and what country that you think it's okay just to take a you -know -what wherever you want, but there are emergencies. And if you have an emergency, you should do it -- and I don't know if anybody's have -- had an emergency on 1-95. You don't just do it right there; you go off in the woods and do what you need to do, but just to display it right there, I don't think that's civilized. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: And the place -- and I agree with you, Commissioner, on a number of -- there's been instances of what you put forth, but the way that this is described with public places, it just says that it's open to the public, and it talks about a beach, a park, a right-of-way, an alley, a parking lot. So, I mean, it goes into places that -- for instance, if you were on a public street and you went into a parking lot or you went into the alley, these are all places that you are subject to arrest. So it doesn't say anything about the attempt to conceal yourself, it just merely states that if this act happens in any of these places, you are subject to arrest. Commissioner Sarnoff So -- Vice Chair Hardemon: And I think that the ticket, at least the fine, gives you a fair warning, and there's a record then of that, that you had a -- that you did receive a ticket and then -- so the next one, you could be subject to arrest, if that's the will of this body. Commissioner Sarnoff So to further the debate -- 'cause this is such a fun debate -- what about if we were to say, "with no attempt to be discreet or eliminate the waste therein"? Right? Vice Chair Hardemon: That would be nice, but I still would like -- Commissioner Sarnoff Well, how 'bout they pick -- Vice Chair Hardemon: -- "not to be subject to arrest." Commissioner Sarnoff -- up what they left behind? I mean, is that too onerous? 'Cause, you know, we -- you've ever done a -- we actually in part ofPottinger, Commissioner, we actually City of Miami Page 57 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 figured out the exact amount of human excrement that comes out on the street on a daily basis. It's not an insignificant amount. And we're not saying the act itself is then prohibited, but the leaving it there is prohibited. Vice Chair Hardemon: Well, I don't -- I think you'd be hard-pressed to pick up liquid that you've drained from your body, but my whole issue in this -- and I'm -- I don't want to belabor the issue. What I'm telling you is this: I think it should be -- I think the fine is sufficient to show that someone has been warned, because that is a fine, so they know of the law. If you want to move forward with an arrest on the second, then that is the will of the body. I do like the language of making it also discreet, that you -- there is an attempt to be discreet. Chair Gort: Yeah. Vice Chair Hardemon: Because -- and I think that's what reasonable people would do, would make it discreet; so that would keep them from getting fined and arrested. Chair Gort: If you're discreet, I can assure you, nobody complains. Now, the complaints that I receive is people -- I even have people walking naked through neighborhoods, which I had to call the police, and the police had to come and pick them up. And somehow, we got to teach -- and unfortunate, people don't learn, unless they have to pay for it. So I don't have any problem with the ticket the first time and then the arrest on the second time if it's the same individual. Vice Chair Hardemon: And adding the language -- and I -- so I'll -- I'm going to move to approve -- Todd B. Hannon (City Clerk): Excuse me. Chair? Vice Chair Hardemon: Is there a motion on the floor already? Chair Gort: Yes. Mr. Hannon: Yes, sir. Commissioner Carollo: There is. Mr. Hannon: A motion and a second. Chair Gort: It's a friendly amendment. Vice Chair Hardemon: It will be a friendly amendment, right, to add the discreetness that Commissioner Sarnoff spoke of and then also the fine for the first instance, and then as the City Attorney said for the rest of the instances in that category. Ms. Mendez: I'd like to give one disclaimer. The Police Department really doesn't use a citation process; it's more Code Enforcement. I -- so it is -- I think it's something that could be implemented, but obviously, that is the will of the Administration and what have you to -- because they don't have the processes right now to review, like City View, which is a citation process, does not mesh with the Police Department process. Even though police officers could do citations, it's -- you know, they're busy doing other things, like other crimes. And yes, Mr. Ortiz says they have another -- you know, other priorities on that. So -- Commissioner Carollo: And the cost. Ms. Mendez: -- I just want you to know that this is -- would be an implementation factor. They would prefer a warning and not necessarily a citation. I gave you the different options, but I just City of Miami Page 58 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 wanted to give you that disclaimer that right now there isn't a citation process set up by the Police Department. Chair Gort: You mentioned Code Enforcement. Ms. Mendez: Yes. Code Enforcement can cite, but now, let me give you one disclaimer on that. Chair Gort: Okay. Yeah, before -- Ms. Mendez: It's "in rem," so it has to attach to real and personal property. It has to attach to a property. If we get the address of the person -- which, again, our systems would have to be tweaked to do that -- and they're in the City of Miami, we'll attach it to any real and personal property owned to them as well. But -- so you can have the warning process, which would be easier for the Police Department; you can have a citation process, but we would have to implement it with the Administration and the Police Department. So those are the -- Vice Chair Hardemon: Mr. Chairman, may I ask a question? Chair Gort: Yes. Vice Chair Hardemon: So can a police officer determine that a person received a citation for urinating in public? And I'm -- Ms. Mendez: As it is set up right now, no. If they had access to the City View portal, yes. Commissioner Sarnoff But they don't have citations -- they don't have the physical path. Ms. Mendez: Right, but that we can make -- I mean, we can -- Commissioner Sarnoff Right now -- Ms. Mendez: -- create one. Commissioner Sarnoff Wait, wait, wait. Ms. Mendez: Right now it's not. Chair Gort: No. Commissioner Sarnoff Let's be really practical. Chair Gort: Yes. Commissioner Carollo: Cost. Commissioner Sarnoff Right. So Commissioner Carollo -- let's let him be our City of Miami Police Department officer -- is going to be walking around -- let's use Margaret Pace Park; he sees a person defecating there. He does not have a pad to pull out and then say, "Citation Ordinance 14-11162, you know, 'Violation of Public,' you know, 'Excrement.' Here, you could either pay this or go to court." He doesn't have that physically in his possession to do that. And this is an issue we've been dealing with for years, 'cause I wanted police officers to have that -- because people who do not pick up after their pets, I thought that would be a good thing for them to have, but the Police Department, candidly, has resisted that for -- since I've been here. Whether litigate or illegitimate, they simply don't have it. So if you're going to implement that, you're going to have the cost associated with the pad, you're going to have the cost associated City of Miami Page 59 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 with the connectivity, and I guess some training. Vice Chair Hardemon: Oh, no. I'm just in a position where I feel like we're being told "no, we can't do that," but we haven't really truly found a way that we can protect the people that visit our community and that live within it and not have them subject to arrest for public urination. Chair Gort: I think people that visit our community, they're knowledgeable, but I'm sure, wherever they come from, that is not allowed in the public, so I can understand your fear, but I mean -- Ms. Mendez: How about if we -- in the penalty section where it says `Any person violating any of the provisions shall be subject to the penalties as provided in Section 1-13 of the City Code," and we put "unless" -- the discreet portion -- "unless the person made reasonable efforts to conceal the urination, " you know, type language. Vice Chair Hardemon: And I think the language should definitely be put in there about "in an attempt to conceal one's urination or defecation. " That should definitely be in there. You can move forward with a -- the fine. I don't think the fine is a problem. Can the police officer determine if there was a fine charged also? George Wysong: George Wysong, Assistant City Attorney. As the City Attorney said, our preference was the warning, which would be an officer observed the initial conduct. Your concern was somebody who doesn't know the rules of the City goes behind a bush outside a club; the officer can warn them. He will document that. They will fill out what's called a 5-0, a Field Investigation Card, that's searchable eventually. The second time that that individual is observed doing that illegal activity, they can be arrested. The issue with the fine is that if you don't have an ability to do the first violation, you would never have an ability to do the second violation. Vice Chair Hardemon: Okay, so the warning is fine to me. The only reason I -- we had a fine, 'cause I was trying to create some type of record that the police could use. So if you're telling me that there's no need for a fine, fine, there's no need for a fine. It appears to be that the -- our major concern are people who continuously use -- do that in our streets, and then they would probably be readily identifiable by those officers that frequent that community. So if we want to put it where the second arrest is subject -- I mean, the second incident is subject to arrest, then that's what we do. But I do think that the language about concealment should be there. Commissioner Sarnoff Mr. Chair. So, Mr. Wysong. Mr. Wysong: Yes, sir. Commissioner Sarnoff I'm sorry; is it all right? Five-O's: I'm Joe Citizen on the street. I am not homeless. Police officer's not going to fill out a 5-0 on me. Mr. Wysong: If they want to enforce this ordinance, they could fill out a 5-0. We fill -- our Police Department fills out 5-0s for a lot of activity. Commissioner Carollo: Could. Mr. Wysong: Yes, they have that in their tool. Commissioner Carollo: But you could fill it out even if they don't urinate on the street -- Mr. Wysong: Indeed, yes. City of Miami Page 60 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: -- you know. And by the way, it's something that I encourage all the time, suspicious persons and stuff, you stop them. You know, you ask them, "Hey, do you mind if we could fill out some of your information? " And then what you do is you have some type of record of this individual being in that area at that time and sometimes you could get some, you know, swabs and their saliva and stuff like that, but you could really do that without them -- Chair Gort: You could do that. Commissioner Carollo: Yeah, if they -- well -- Chair Gort: They get (UNINTELLIGIBLE). Commissioner Carollo: Yeah. DNA (Deoxyribonucleic Acid) -- it's a DNA sample, absolutely. I mean, if they give permission or not. Chair Gort: If a person is friendly and say, "Yes, I will take it and will do it" -- Commissioner Carollo: What -- anyhow, besides that, they can do that really without someone being -- going out and urinating on the street. Chair Gort: Gentlemen, we -- Commissioner Carollo: So there's nothing -- Chair Gort: -- agree it's going to be a change in the -- there's an amendment to change the wording and also -- Ms. Mendez: Okay. Chair Gort: -- there be a warning the first time and the arrest the second time. Ms. Mendez: Right. So right now what we have is a first violation of this section shall result in a written warning; a second subsequent violation shall be punishable by 60 days imprisonment in jail. Mr. Wysong: Up to 60 days in jail and -- Chair Gort: It's up to the judge. Mr. Wysong: -- or a $500 fine. Chair Gort: I mean, that will go in front of the judge, and the judge, they'll throw it out. Come on, we all know that. Ms. Mendez: Or a fine or both, so that -- the same language we had before, but -- so I'm going to read it: "The first violation of this section shall result in a written warning; a second and subsequent violation shall be punishable by a fine of -- and you want $500? -- "$500 or up to 60 days imprisonment in jail, or both. " And then the language for the concealment in the same penalty section or above, we're going to put "unless the person tries to use reasonable means to conceal themselves from sight." Chair Gort: Okay. Maker of the motion, you accept the amendment? Commissioner Carollo: Are you okay with it, Mr. Chairman; you're the one who brought this item before us? Are you okay with it? City of Miami Page 61 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Look, I don't have any problem with it, as long as we can do that. We need to educate our community, not only in these type of things, but in throwing trash in the streets, and we have to keep our cities clean, and this is one way to begin. Commissioner Carollo: That's why I'm asking you. Chair Gort: Yes, I don't have a problem. Go ahead. Commissioner Carollo: Are you -- you don't have a problem with it? Okay. Yes, then, I'm okay with it. Chair Gort: Any further discussion? Mr. Hannon: Excuse me, Chair. Chair Gort: Roll call. Mr. Hannon: Is the seconder okay with the amendment? Commissioner Sarnoff As long as the Chair's okay with it. I would have gone a little stronger, but -- Mr. Hannon: And, Chair, would you like to open it up to a public hearing now? Chair Gort: Yes. Commissioner Carollo: And for the record, yeah, I think I would have gone a little stronger too, Commissioner Sarnoff and Mr. Chair, but that's why I want to make sure you're okay with it, but Schiller Jerome: Good afternoon, Commissioners. Schiller Jerome, 24 Northeast 47 Street. I came here to speak on a different item and then this came up. I -- this policy or this ordinance really concern me. It concerns me in two forms. Number one, we're putting urination, defecation in the same category. We're saying that someone who needs to use the bathroom, who needs to pee, and someone who's defecated is the same thing. That's like saying the dog can no longer pee in the yard as someone's walking it. The Chairman said a comment earlier about the fact that there's bathrooms available. Chairman, there's three parks within the Little Haiti community that doesn't have bathrooms, small, little parks. I can tell you, from 62nd Street to 54th Street, from North Miami Avenue to Northwest 2nd Avenue, there's no restaurants or McDonald's to go through. So you're telling me that person who has to walk down that street, has to pee, would then get fined The idea of "discreet." Any time my livelihood, my life is lead to the -- any time my livelihood or me being arrested is lead to the interpretation of a police officer, I'm worried. And I'm sorry; I am a minority. I'm a black man in the City of Miami and America. I'm always worried about police officers interpreting laws for their -- however way they seem fit. I do understand that there is an issue in our community, but to put urination and defecation to add arrest to it -- I just can't imagine an 18-year-old looking for a job, saying "have you been arrested?" and saying "yes." And what happens to that? There is an issue here. There is an issue, because this deal -- this ordinance clearly, to me, it's really -- it separates -- like Commissioner Hardemon said, it separates between two income level and those have access and don't have access. The idea of arresting someone because they had to urinate -- I understand the issue of defecation, but urination, intending that it's access is a bathroom? There is none. We have parks without bathrooms, but then here we are; want to arrest people because of urination. Thank you very much. Chair Gort: Thank you. Yes, sir. City of Miami Page 62 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Javier Ortiz: Hi. Sergeant Javier Ortiz, Fraternal Order of Police, 710 Southwest 12th Avenue. Chair Gort: Bring the mike up. Mr. Ortiz: Afternoon. We're pretty busy on the streets as law enforcement o icers. I understand that this is a concern of some of our constituents. However, the way the ordinance is being brought up, we're not going to be able to enforce it. There's no way we can just give a warning. Most of our officers don't -- or many of our officers don't have computers. They don't have access to do that. And just so the gentleman over there can -- we can just deal with his concern. Miami police officers don't have time to just come after people because they're urinating behind a tree. And Commissioner Hardemon, I'm sure that when you went to use the restroom -- which I have also, and I didn't do it in public, in the middle of a sidewalk; I didn't do it in the street; I didn't do it in the direction of a school or in front of a business. -- what did you do? You went behind a bush, or whatever, because you had no other way. Miami police officers don't have time to deal with matters like that, so I think this is kind of getting blown out of -- you know, out of proportion. We're not the boogeyman. We're just there to enforce the law. And, yes, if someone's urinating at your doorstep, they should be arrested. If they're concealed -- I would respectfully say that if they conceal themselves, we're not going to arrest them for it. However, if they're going to be in public, they should be arrested, because it's just common sense that you don't urinate in public or defecate. Thank you. Chair Gort: Thank you. City Attorney, you want to go over the amendments, the whole thing? Ms. Mendez: Read them all? Chair Gort: Yes. Ms. Mendez: What we'll do is on -- under "Prohibited Acts," where it says `Exceptions: Subsection (C)(1) and (C)(2) shall not apply to children under five years old or to persons with impairments as defined in the section, or if the person tries to use reasonable means to conceal themselves from sight." Then the other -- the penalty under the penalty section: `Any person violating any of the provisions of this section shall be subject to the penalties provided below. A first violation of this section shall result in a written warning; a second and subsequent violation shall be punishable by $500 fine or up to 60 days imprisonment in jail, or both." Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Andl don't want to just continue on this subject, but a written warning? Okay, so we go back to the notepad and the, you know -- do we -- right now, do we have any written warnings that police officers give? So we go back to the same issue, that we couldn't issue a citation 'cause they don't have -- so if we do a written warning, we go back to the same thing. Again, I just -- I think we need to move on, but I just want to point that out before we actually take a vote and we pass an ordinance on second reading and, you know, there's issues with it. Chair Gort: Yes, sir, you're recognized. Albio Castillo: Thank you, gentlemen. My name is Albio Castillo. I live in 2235 Southwest 16th Terrace. If it's going to be enforced by Code Enforcement, doesn't have the police be on the same page in order to work this out? City of Miami Page 63 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: It's not. Mr. Castillo: Okay, thank you. Chair Gort: Thank you. Any further discussion? Mr. Hannon: Excuse me, Chair. Madam City Attorney, would you like to read the title into the record? The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.3. Commissioner Carollo: Excuse me, Mr. City Clerk. So the amendment will be a written warning, even though there is no way of getting a written warning? Ms. Mendez: My understanding is that they are -- there is a five -- 5-0 cards. Those are put into the system. Commissioner Carollo: That's not a written warning. That's actually -- Ms. Mendez: So it would come up with a written warning -- Commissioner Carollo: That's not a written warning. That's actually information that police officers obtain on individuals that are out on the street. Unidentified Speaker: Right. He's right. Commissioner Sarnoff I -- look -- Chair Gort: You know what? Commissioner Sarnoff I -- wait, wait, wait. Chair Gort: Bring it back in two weeks. Commissioner Sarnoff Wait, wait, wait. Commissioner Carollo: And by the way, I used to fill them out. We used to call them F-Cards. Commissioner Sarnoff Right. Commissioner Carollo: FI (field interview) Cards in the County. I used to fill them out. Ms. Mendez: Okay, then not a written warning; just a warning. And I assume that the police officers can do a 5-0 card after the fact. Does that work out, a warning? Commissioner Sarnoff No, no, no. Here's what she's saying: A police officer does a warning, which hands them nothing, but then they must record a 5-0 card, so theoretically, somewhere in a system there is a record that Marc David Sarnoff was warned once. Mechanically, it may not work. Commissioner Carollo: No. City of Miami Page 64 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff I got a lot of people in blue here now. Chair Gort: Chief. Chief Manuel Orosa (Miami Police): I was listening in the back. The proper course, if you want to do a warning -- Chair Gort: You are? Chief Orosa: Chief Manuel Orosa, Miami Police Department. The proper course is to establish some type of warning forms, and we can provide copies to the individuals -- that should be simple enough to do -- and to house it in a database. The 5-O's are cards that we would have to fill out too; one for us and one for the individual. It's much simpler just to do a form with a copy, a carbon copy; just fill it out and give it to the individual, and put it in some type of database so that any officer can search and see that someone is a repeat offender. Commissioner Carollo: Okay. Is this something else that the police officer's going to have to carry? Chief Orosa: Correct. Commissioner Carollo: There's an -- Vice Chair Hardemon: I mean, my -- Commissioner Carollo: -- additional -- Chair Gort: Wait. Commissioner Carollo: It's an additional pad. Chief Orosa: Correct. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: Police officers, they drive vehicles, they have guns, they have Tasers, they have asps; they have a number of different forms that they keep in a box in the back of their car that organizes their different forms. I mean, my God, if you want to arrest someone for public urination, the least you could do is write a form that says that you warned them. I mean, to me it's not that big of a deal. To give someone just the unfettered authority to arrest someone for public urination, to me is just -- it's not the way that I would like to go, so I -- where we are right now, I think, is a fair compromise, but I -- you know, I have one vote. Commissioner Carollo: And Commissioner Hardemon, the reason why I say that is, yes, I understand, in a police car, they could have that, but we're moved on from just police cars; now we have bicycle cops and we have horses, you know, and we have walking beats, you know, and it makes it more difficult, you know. Someone on a walking beat may have a -- still a police car, but they might be two, three, four blocks away; someone on a bike may not have, you know, the access that -- or the space you would have in a police car and stuff That's what I'm saying, someone in a horse -- and believe it or not, we do have mounted patrol, and they do patrol blocks and blocks before they go back to, you know, their original truck where they, you know -- so that's why I'm saying that. And I'm not trying to be difficult. I'm just trying to be pragmatic. City of Miami Page 65 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Vice Chair Hardemon: That same police officer who also -- so if you have a mounted police officer on a motorcycle or on a -- Commissioner Carollo: On a horse. Vice Chair Hardemon: -- horse, he doesn't take that suspect and put him on the back of his horse or put him on the back of the motorcycle to make the arrest; they still call in for someone to effectuate that arrest. Commissioner Carollo: Right. They call for backup, and they call for a unit to come by. But if you're going to call for a unit to come by for -- to bring out a form, I mean -- you know, it's not the most efficient, you know, especially when you start looking at, you know, response times and stuff, but you know -- hey, listen, I'm not trying to be difficult. I'm just trying to be pragmatic, you know. I've been there. I did it for close to 10 years in different positions and so forth, and again, I'm just -- I'm trying to also be, you know, pragmatic about it, and you know, I'm trying to, at the same time, listen to what you're saying and try to somehow come to a compromise. Chair Gort: Gentlemen -- Commissioner Carollo: That's all. Chair Gort: -- let me tell you. When I come to an issue, I ask people, "Do you want to do it or you don't want to do it?" I don't think we have the power here. People don't want to do it, so let's forget about it and -- Vice Chair Hardemon: Well, I don't think that's -- I don't that is the way it is, Mr. Chairman. I think that there is a will to do it, Mr. Chairman. Chair Gort: But I don't see the will here. I mean, everything is a problem. There's no enforcement; you can't do it, and what can I tell you? Vice Chair Hardemon: What I thought I heard something very different from the Chief than I heard from the FOP president. And, see, many times, even when we do our negotiations, someone tells you what they can't do, but they never tell you what they can do. And what I heard from our FOP president -- Chair Gort: My understanding is -- Vice Chair Hardemon: -- what they can't do -- Chair Gort: -- bring it back in two weeks, get everybody together and come up with an idea, okay? I mean, we're not here to figure out on how to do things. The Administration's got to come to us and let us know how they're going to do it. We have told you what we want to do. We want to educate our community. We want to make sure it doesn't happen all the time. Especially, we don't want visitors to be walking to a place and see somebody urinating or doing whatever they have to do in the sidewalk, okay. So -- Commissioner Carollo: I -- Chair Gort: -- you guys get your act together, come back the next meeting, please. Commissioner Carollo: -- will withdraw my motion then and make a motion to defer it to the next meeting. Ms. Mendez: If it's going to be the next meeting, I would just -- I believe 1-22, the print deadline City of Miami Page 66 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 FR.1 14-01245 is tomorrow and -- Chair Gort: Forget it, forget it. Next -- Ms. Mendez: So the one right after it, please -- Chair Gort: Yes. Ms. Mendez: -- so that we could -- Commissioner Carollo: Yes. Ms. Mendez: -- reach a consensus tonight? Commissioner Carollo: So I will withdraw my motion and defer it to the first meeting in February, but please, you know, get together with whoever you have to get together so we could have some language. Thank you. Chair Gort: FR.1. Commissioner Carollo: I made a motion. I think we need a second so we -- Commissioner Sarnoff. Second. Commissioner Carollo: -- could take a vote. Commissioner Sarnoff. Second. Sorry. 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. END OF SECOND READING ORDINANCES FIRST READING ORDINANCES ORDINANCE First Reading Department of Real AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Estate and Asset 50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY Management CODE"), ENTITLED "SHIPS, VESSELS, AND WATERWAYS," MORE PARTICULARLY ARTICLE II, "OPERATION OF VESSELS," TO SET FORTH BOATING RESTRICTED AREA PROVISIONS TO SAID CITY CODE; CONTAINING AN IDLE SPEED/NO WAKE ZONE PROVISION, WITHIN DEFINED BOUNDARIES OF A PUBLIC MARINA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01245 Summary Form SR.pdf 14-01245 Back -Up Document FR/SR.pdf 14-01245 Back -Up from Law Dept FR/SR.pdf 14-01245 Legislation FR/SR.pdf City of Miami Page 67 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Direction by Commissioner Sarnoff to the City Attorney to draft an ordinance for Commission consideration within sixty (60) days regarding organized mooring fields. Chair Gort: FR. 1. Daniel Rutenberg (Director): FR.1. Daniel Rutenberg, Department of Real Estate/Asset Management. Ordinance, it's amending Chapter 50 of the Code. It's changing language; further restricting no -wake zones in the marinas and harbors. Chair Gort: Okay, is there a motion? Commissioner Sarnoff So move. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Sarnoff second by Commissioner Carollo. Anyone in the public would like to address this issue? Is there anyone in the public? Seeing none, hearing none, close the public hearings. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Commissioner Sarnoff Mr. Chair. Chair Gort: FR.2. Yes, sir. Commissioner Sarnoff Madam City Attorney, I'd like you to bring an ordinance to this Commission for consideration, in 60 days, concerning organized mooring fields. Chair Gort: I'm sorry; what's that? Ms. Mendez: And just organized -- Commissioner Sarnoff Organized -- Ms. Mendez: -- mooring fields. Now, the Chair has also asked us for better enforcement of the non -moored vessels, so -- Chair Gort: This is the problem we've had for years. Ms. Mendez: -- can it be part and parcel? Commissioner Sarnoff This will solve your problem, Mr. Chair. Chair Gort: Okay, great. City of Miami Page 68 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 FR.2 14-01248 District 2- Commissioner Marc David Sarnoff Commissioner Sarnoff. I have been working with the Police Department. I have not had a significant amount of cooperation from your office. And instead of waiting and waiting, would you all join me? Then in 60 days, we look at an ordinance to talk about an organized mooring field, which will satisfy his need. Chair Gort: Yes. Ms. Mendez: And then the enforcement of -- can it be all part and parcel --? Commissioner Sarnoff. Yeah, absolutely. That's why you have it. Ms. Mendez: Okay, thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE II/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY," MORE PARTICULARLY BY AMENDING SECTIONS 14-52 AND 14-53 TO INCREASE THE NUMBER OF BOARD MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") BOARD, AND TO INCREASE THE NUMBER OF BOARD MEMBERS NECESSARY TO CONSTITUTE A QUORUM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 14-01248 Legislation SR.pdf 14-01248 DDA Resolution FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Commissioner Carollo: FR.2. Commissioner Sarnoff. FR.2, Mr. Chair, is a -- an ordinance of the City of Miami Commission, which would give the DDA (Downtown Development Authority) two additional board seats. I believe it presently has 15 and would add 2 additional members. I would make a motion. Commissioner Carollo: Second. Discussion. Chair Gort: It's been moved and second. Discussion. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. I don't have it -- obviously, because of sunshine law, I don't have a chance to discuss. So why do you want to increase two board members? Usually -- I mean, it's not the norm to increase. Usually, you want to reduce when you have -- Commissioner Sarnoff. No. City of Miami Page 69 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: -- at least, you know -- I think, what is it, 15 -- 17? Commissioner Sarnoff Fifteen. Commissioner Carollo: Fifteen to seventeen. Commissioner Sarnoff Right. Why do it? There are a number of folks who have expressed an interest to come on the DDA Board, and there's going to be no designated time for them. I'll give you a 'for instance." All Aboard Florida has requested, you know, an interest in seeing that they can get on. I would think that the more they can come to public boards and present, the more information we'll have out there. Instead of just adding an additional seat, which would leave you with an even -number board, you would go to an uneven -number board, but I can't tell you for certain that it would be All Aboard Florida, but that's the gist of why I'm -- that the DDA is promoting it. Commissioner Carollo: Marc -- I'm sorry. Commissioner Sarnoff, the only other question thatl would have is I see that the two additional seats or positions in the DDA will be named exact way that it is right now. Can those two be at large from the City of Miami -- from the City Commission? So the name of -- -- so they have -- I forgot how many seats. Were they -- the Board itself, names that we rat, but we really don't -- I mean -- Commissioner Sarnoff Right. Commissioner Carollo: So can these two be at large from the City Commission? Do you have a problem with that? Commissioner Sarnoff I'm assuming it would be -- well, I guess you could ordinance as you want, but these were passed based upon the other people sitting at the board. So whatever qualifications they had, ifI recall, either had to be a resident or you had to be a business -- and maybe Commissioner Gort can help me -- within the -- Chair Gort: Florida business within the DDA boundary. Commissioner Sarnoff -- DDA boundaries. Commissioner Carollo: I don't mind having the same requirements, but the City Commission appointing those two seats as opposed to the DDA Board appointing and we rat. I rather the City Commission be able to appoint those two members -- Victoria Mendez (City Attorney): If I may describe -- Commissioner Carollo: -- if it's allowed. Ms. Mendez: -- a couple things. First of all, the DDA Board appoints the current board of directors. However -- Commissioner Carollo: That's what I'm saying. Ms. Mendez: -- they are submitted to the City Commission for confirmation. If the City -- Commissioner Carollo: Understood. Ms. Mendez: -- Commission does not confirm -- Commissioner Carollo: Understood. City of Miami Page 70 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Mendez: -- they cannot be part of the board. It clearly says that the board shall include -- Commissioner Carollo: Understood Ms. Mendez: -- members from every district -- Commissioner Carollo: That's -- Ms. Mendez: -- and won't serve till confirmed. Commissioner Carollo: Right, understood. And what I'm saying is, instead of them taking the first step and appointing someone and the Commission ratifying, why can't with these two members, the Commission take the first step and appoint someone, you know, and they'll be at -large members? So anyone could appoint, you know, these two seats in the board. So it'll be the City Commission who actually -- instead of just ratifying, actually appoints. You still -- they still have the same appointments. The DDA Board still has the same appointments, we still ratify it, and you will get your two additional members. The only thing is they will come from the City Commission. Commissioner Sarnoff I understand the process beginning. Would they still have to be within the DDA boundaries? Commissioner Carollo: Sure. Chair Gort: Yeah. Commissioner Sarnoff Okay. I have no problem. Commissioner Carollo: In other words, I don't mind if you still have the same requirements. The only thing I'm saying, let us appoint them directly as opposed to the DDA appointing them and we ratify them. Commissioner Sarnoff That's fine. Commissioner Carollo: But I don't know mind having the same requirements. Chair Gort: We can come up with the names of those names. Commissioner Carollo: We're good? Commissioner Sarnoff That's fine. Chair Gort: Okay. Ms. Mendez: And if I may add, there was a scrivener's error. Instead of it saying in Section 4, "The remaining 15 members shall be appointed by the then -current board" it's supposed to be "the then 14 members." So that'll be fixed between first and second reading. Commissioner Sarnoff Oh, I see. Ms. Mendez: But the -- and between first and second, then we'll, if the Commission so chooses, change it as you've described it. Chair Gort: Yes. City of Miami Page 71 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: You're good with it, Commissioner Sarnoff? Chair Gort: Yeah. Commissioner Carollo: So it'll be as amended. Commissioner Sarnoff Yeah. That's fine. Chair Gort: Okay. Commissioner Carollo: And do you understand the amendment? So instead of these two members being appointed by the DDA Board and the City Commission ratifying, the City Commission would appoint directly these two members. However, they're still subject to all the requirements of all the other DDA members, okay? Chair Gort: Okay, it's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 4-0. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 14-01121 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 City of Miami Page 72 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 RE.2 14-01099 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 Carollo, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Estate and Asset CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR OPTION TO Management 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 Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item RE.2 was continued to the February 12, 2015 City Commission Meeting. RE.3 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 City of Miami Page 73 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO CITY COMMISSION APPROVAL; 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 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 Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0010 Chair Gort: RE. 3. Eduardo Santamaria: Good afternoon, Commission. Ed Santamaria, director of Public Works. RE.3 is a resolution awarding a contract to SFM Services, Incorporated' for a one-year period, an annual amount not to exceed $318, 668, for the project entitled `Dr. Martin Luther King, Jr. Boulevard and Traffic Circles Landscaping," Contract M-0109; further authorizing four additional one-year options to renew in an annual amount not to exceed $318, 668, subject to the availability of funding and contractor's performance. Commissioner Carollo: Move it with an amendment. Vice Chair Hardemon: Second. Commissioner Carollo: And my amendment -- Chair Gort: It's been moved. Is there a second? Vice Chair Hardemon: I'll second it. Chair Gort: Second by Vice Chairman. Commissioner Carollo: My amendment is a friendly amendment that each additional one-year options come back to this Commission for approval. Vice Chair Hardemon: I accept. That's fine. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, sir. Commissioner Sarnoff. Just so we're clear, I will not be joining you in this vote. The reason is, this happens to be the contractor that takes care of US 1. I think they happen to do a pretty horrible job on US 1 where 160,000 cars a day go north and 160,000 cars a day go south and get to see exactly what the City of Miami thinks of US 1, and I don't think it thinks very well of US 1. So based on what I have seen performance -wise of this particular lowest bidder, I certainly understand why they are the lowest bidder. However, I would not recommend that you City of Miami Page 74 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 guys support this -- sorry, didn't mean to call you "guys" -- the Commissioners support this, simply because I don't think anything they've done, at least in my district, has warranted them wanting to go forward, and yet, I have learned they do the medians on Miami Lakes, which I happen to think they do a very good job on Miami Lakes. So I just leave that. I will not be joining this Commission. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: And just so you know, Commissioner Sarnoff, the reason why I wanted that each additional year come back to this Commission is so that we can see the type of work that they do in our districts when they actually do the maintenance of the traffic circles and so forth and we have a say in it. It didn't take a year; already a Commissioner has raised his voice, you know, in disagreement. Therefore, you know, I take it very, let's say, important because that was exactly the purpose why I want it every year to come back to Commission. So if you already have an issue, then what alternatives do we have? Chair Gort: Amendment. Commissioner Carollo: Is there a second? Is there a third? I mean, is there a second vendor? Is there a third? Was there -- I mean -- and again, I just want to make sure that -- and Director Santamaria, you know that I've had a lot of issues with the maintenance in traffic circles, and I show you. Every month I get the e-mails (electronic), and I should get the e-mails, 'cause in all fairness, I should know that you guys are going to do the job and stuff So when Commissioner Sarnoff says that, you know, it troubles me. Daniel J. Alfonso (City Manager): Yeah. Commissioner Carollo: It troubles me. Mr. Alfonso: Mr. Chairman. Chair Gort: Let me ask a question. Who supervises the performance of those contracts? Mr. Santamaria: We do. Mr. Alfonso: The Administration does, Mr. Chairman. And I wanted to point out that this -- like the Commissioner said, this is the same company that does Miami Lakes. Miami Lakes looks very nice. This is the same company that does US 1 along Coral Gables and that area looks very nice. In the end it really becomes a matter of how much money we want to pay and what kind of service we want to get. In this contract, what we're doing is maintenance. We're not asking them to plant pretty flowers. We're not asking them to, you know, plant shrubbery and make it all look very pretty, because we're not putting that kind of funding into it because that's not something that is in this contract. We're asking them simply to mow the lawn that's there and just keep it trimmed. Mr. Santamaria: There is money to replace certain -- Mr. Alfonso: Right. Okay, go ahead, talk about the -- Mr. Santamaria: -- landscaping that may have failed to reestablish it, but it's not -- we're not talking about enhancements here. We are talking about -- solely about maintenance. And to your point, Commissioner Sarnoff there's a big difference between the circles and a lot of landscaping improvements in other municipalities, in that a lot of these areas are irrigated. City of Miami Page 75 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Unfortunately, in the City of Miami, some of these areas, and in particular US 1, lacks irrigation. And to answer another point, Commissioner Gort, we will have someone who is a very experienced person that has brought experience with the City in handling landscaping for over 20 years in the Parks Department. He will be personally overseeing these contractors to make sure that they perform adequately. Chair Gort: And I think it's very important that we -- the Administration check on all those contracts to make sure they comply with all the RFPs (Request for Proposals) that they answer and the bid that they answer, okay. Any further discussion? Being none, all in favor, state it by saying Eye." Commissioner Sarnoff No. Commissioner Carollo: Aye. Chair Gort: Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: As amended. Commissioner Carollo: As amended. RE.4 RESOLUTION 14-01273 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, RELATING TO INVESTIGATIONS INVOLVING THE SHOOTING OF A PERSON BY A CITY OF MIAMI ("CITY") POLICE DEPARTMENT LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY; THE DEATH OF AN ARRESTEE WHILE IN THE CARE, CUSTODY, OR CONTROL OF A CITY POLICE DEPARTMENT LAW ENFORCEMENT OFFICER; THE DEATH OF AN ARRESTEE SHORTLY AFTER BEING IN THE CARE, CUSTODY, OR CONTROL OF A CITY POLICE DEPARTMENT LAW ENFORCEMENT OFFICER; OR THE DEATH OF AN INTENDED ARRESTEE DURING AN ARREST ATTEMPT BY A CITY POLICE DEPARTMENT LAW ENFORCEMENT OFFICER. 14-01273 Summary Form.pdf 14-01273 Legislation.pdf 14-01273 Exhibit - MOU.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0011 Chair Gort: RE.4. RE.4. Daniel J. Alfonso (City Manager): Commissioners, RE.4 is the agreement that we're trying to City of Miami Page 76 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 establish with the Florida Department of Law Enforcement by Memorandum of Understanding so that the FDLE conducts investigations involving shootings of a person by a City of Miami Police Department law enforcement officer acting in the line of duty, the death of an arrestee while in the care and custody and control of an active Police Department officer or the death of an arrestee shortly after being in the care or custody of an officer. Chair Gort: Thank you, sir. My understanding, we took a break because there was some discussions going to be taking place. Any motions? Commissioner Sarnoff So moved. Commissioner Carollo: Second. Chair Gort: Moved by Commissioner Sarnoff second by Commissioner Carollo. I understand we have three individual that like to speak. Todd B. Hannon (City Clerk): Yes, sir. Javier Fernandez, would you like --? I mean -- Commissioner Carollo: Javier Ortiz. Mr. Hannon: Javier Ortiz, would you like to start? Javier Ortiz: Fernandez, Ortiz, it's all the same thing. Sergeant Ortiz, the president of the Miami Fraternal Order of Police, 710 Southwest 12 Avenue. Thank you so much for deferring the item till this afternoon. During lunch, I spoke to the Chief of Police, as well as our new Chief of Police, Rudy Llanes, and after speaking to him, we're going to be able to work together and put some type of policy together to ensure that this goes smoothly and at the same time, it will hopefully instill some confidence between -- and trust between the community as well as the Police Department. Thank you. Chair Gort: Thank you. Next. Mr. Hannon: Julia Dawson. Julia Dawson: Good afternoon. Julia Dawson, 1701 Southwest 4th Avenue, in Miami. I'm here to raise some concerns that I have about this proposal that do deal with the perceptions of the community as this is now outlined. First, it's true that officer -involved shootings that have been investigated internally by Miami police have been criticized both by the community and by the Department of Justice. In 2013 the DOJ (Department of Justice) found that the Police Department's investigation of officer -involved shootings was inadequate, specifically pointing out the need for more timely investigations, better investigative tracking, and effective accountability measures. They found that investigative interviews were poorly done and said, specifically, investigators did not sufficiently probe officers' statements of events to determine if force was necessary or if less lethal options were available. Investigators also frequently asked leading questions and did not properly follow up on answers. Miami police investigators failed to probe important details, such as whether de-escalation techniques were attempted. The DOJ outlined disturbing lapses and omissions in the job done by investigators. And Investigators did not adequately or timely capture the shooting officer's version of events. All of these, all of these are skills that can be learned and practices that can be implemented. Perhaps, by giving the investigations to FDLE (Federal Department of Law Enforcement), the hope is that at it might give the impression of more transparency or even the impression of more legitimacy to the investigations, since it would not be Miami police officers who are investigating their fellow officers. Perhaps the hope is that giving the investigations to FDLE will deflect criticism of the results of those investigations away from the Miami Police Department and onto another agency, but I do not believe that that's a solution. When you live in a house that's full of dirty laundry, City of Miami Page 77 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 the solution isn't to go out and buy another house and move in just so you don't have to deal with the dirty laundry. The solution is to clean things up. The solution is to correct the deficiencies in the Miami Police Department's investigative practices. Why should the community settle for less from our own Police Department than you claim that we could get from FDLE? Second, FDLE itself has done egregiously incompetent investigations. One glaring example is described in the Miami Herald series on the death of inmates in the custody of Florida's Department of Corrections. In 2010, 27 year -old Randall Jordan-Aparo, who was serving time for credit card fraud and drug possession, was found dead on the floor of his 8-by-13 prison isolation cell. Guards at Franklin Correctional Institution in Florida's panhandle had fired nine blasts of noxious gas through a slot in the door and then left him while he pleaded "I can't breathe," a comment that we've heard most recently from Eric Garner while he was dying from a police choke hold in New York. The reason for the gassing: The guards were incensed that Aparo, who had a known medical condition and was complaining about extreme pain and wanted medical attention, had cursed at a nurse. The FDLE sent two investigators to look into what had occurred. Their one paragraph conclusion said that "disciplinary actions, " quote, "taken by guards had no bearing on the death ofAparo. " Then in 2013, four Corrections inspectors, four courageous Corrections inspectors, interviewed inmates, studied the use of force report, the video captured by surveillance cameras, audio of the incident, and photographs ofAparo's body, evidence that would have been available when FDLE concluded that the disciplinary actions taken by the guards had no bearing on Aparo's death. The four Corrections inspectors' conclusions: Aparo died as a result of medical negligence and the sadistic retaliatory use of chemical agents on a sick and helpless inmate who did nothing wrong. In part, because of FDLE's highly questionable account of how and why Aparo died, there's now a federal investigation; and FDLE, itself has now opened a new probe. And last, community involvement, input and influence on policing issues is most meaningful and effective at the most local level, namely, city government and city police. By moving accountability for investigations from Miami Police to FDLE, you make it harder for the community to monitor and know what kind of job is being done. We want to and need to interact with those who are closest and most accountable to us, the community. We want to know our police and be able to respond to how they're doing their job. You put that more out of reach by moving investigative responsibility to the State agency, FDLE, and therefore, you diminish our right and our ability to be involved in how communities are policed. If you really want to give the community more trust and support from Miami's police work, then start by rereading the Department of Justice report and requiring that Miami Police Department implement the changes that need to be made, including improving the investigative job done by MPD (Miami Police Department). FDLE is not the solution. Chair Gort: Thank you, ma'am. Next. Mr. Hannon: Jean Baker. Jean Baker: Good afternoon. Jean Baker, a volunteer here speaking on behalf of my position with the ACLU (American Civil Liberties Union) and with the coalition of community organizations that have been very concerned with police shootings. I want to call attention to one very specific sentence in the MOU (Memorandum of Understanding). In paragraph 6 of the proposed memorandum of understanding, the very last part of the last sentence states: "The MPD's internal or administrative investigation shall be initiated only after the criminal investigative efforts have been concluded or when otherwise specially authorized by the FDLE's investigative team," quote/unquote. In paragraph 6 of the MOU, it is stated that the Internal Affairs investigations would remain under the authority and responsibility of the Miami Police Department. And my colleague, Ms. Dawson, was emphasizing the importance of that, because it is that body, the Miami Police Department, the CIP (Civilian Investigative Panel) is charged with overseeing in which we, the community organizations, have been very concerned with and have been monitoring ourselves. It is critical that the MPD continue in its authority to conduct its internal investigations, but that it improve in exactly the ways Ms. Dawson was pointing out DOJ (Department of Justice) has identified it needs to improve. Now, DOJ is very specific in City of Miami Page 78 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 some of its recommendations. For instance, it says, "We recommend that MDP policy be revised to provide shooting officers the opportunity to give voluntary statements as soon as practicable after each shooting, but in any case, within no more than 24 to 48 hours, absent exigent circumstances." Why is this? Statements that are voluntary or statements of witnesses who are not themselves the shooters must be close in time to the events to be reliable, to be valid, to get the best out of people's memories. Those of us who practice law or are familiar with the legal system know that memories are very often unreliable, and the longer in time an event is from when it is recounted, the more unreliable memory becomes. It is critical, particularly in shooting cases, that public safety statements, for instance, as to whether or not there are any other guns around or what other public safety issues, be made immediately. In any investigation, it is critical to get to the most important evidence as soon as possible. The DOJ, in its July 2013 letter, came down hard on the MPD for not having in place a system to quickly get the information. Now, what is being proposed in this MOU will delay the collection of some of the most critical information, perhaps, for years, for years, because we know the State Attorneys Office in this county has not had a track record of quick turnarounds. So we oppose very strongly the language in the MOU that says that the internal administrative investigation by the MPD shall have to not start -- it cannot even be initiated until after the criminal investigation is completed. The current practice, as I understand from a communication I had with Chief Orosa on an earlier occasion, is that IA (Internal Affairs) will start its investigation right away. It won't conclude its investigation until the criminal case is concluded and, certainly, MPD will not do steps that would interfere with the criminal investigation. I'm sure of that. And we wouldn't object to that kind of perdition. But to require the MPD to wait possibly years in order to ask the critical questions puts us in a position of the most important information being lost forever and these criminal inves -- and the internal investigations will never rise to the level of the reliability and validity that are needed. Chair Gort: Thank you, ma'am. Okay, we'll close the public hearings. Chief my understanding is, you've been working very much with the DOJ in a lot of their recommendation that they are asking to be done. Some of it has been done and you're in the process of doing some more. If you can inform us, please, if it's -- Manuel Orosa (Chie. f): I -- Chief Manuel Orosa, Miami Police Department. I am very gracious to the two ladies that has -- they have spoken that we can do a better job than FDLE, but that's not the purpose of this. The purpose of this is to have an extra layer of transparency in the investigation. That's one issue. The other issue is that someone has said about the MOU. The problem with the MOU -- not the problem, the issue with the MOU is it's the same MOU statewide. It's the same FDLE uses in the area of Orlando, that whole county; the same as in they use for the County of Tallahassee where they investigate all police -involved shootings, so they really don't want to change their MOUs because it's a statewide MOU. The other issue is that in regards to the findings from the DOJ, there's some areas that we agree with them and there's some areas that we don't agree with. The Federal Government, they do some similar things as we do. And it's a little bit hypocritical of them to say that we're doing it wrong when they're doing it the same way. And lastly, everybody puts the focus on city investigations and not necessarily just the city, but local investigations, and it's kind of ironic because if you go back after -- and you check the last 250 FBI shootings, they were all justified. We know that just by numbers, that's a fallacy. So let me turn it over to Chief Llanes, who has been working with DOJ hand in hand, so he can give a little bit more answers to everybody's questions. Rodolfo Llanes: Rodolfo Llanes, assistant chief. I was listening to Ms. Baker and Ms. Dawson, whom I agree with a large percentage of the time. However, this will not be one of them. I think that the DOJ has contradictory remarks in our report versus what they put out to other police agencies. Myself and Sergeant Ortiz have been speaking about standardizing our public safety questions after a shooting. I think that'll go a long way to alleviating some of Ms. Baker's and Ms. Dawson's concerns, and we'll be in those conversations as we go work towards this agreement. Investigations are conducted by humans, and we all make mistakes. To highlight City of Miami Page 79 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 investigations by another investigative agency, where they failed, I think is a mistake to say that all their investigations are flawed. And so FDLE has a very good reputation. We undertook this project at the behest of the State Attorney, who thought that she could finish her determination quicker because they have similar formats for their investigative documents. A lot of the problems with DOJ was that we have different document archiving than they're used to seeing. And so, that was their problem, that we couldn't get them -- not that our documents were incomplete; just that it wasn't in a format that they like. And so, I think this is positive for the community. I think it's positive for the State Attorney. I think it's positive for this agency to move in this direction. And so I support this, as well as does Chief Orosa, as well as our legal staff. If you have any questions, I'll be glad to entertain them. Chair Gort: Well, my question is, my understanding, it's been -- you have been complying with a lot of the requirement of DOI You, yourself, have been -- make a lot of changes in the last two years, so not only at the -- going to have the FDLE, but also have the changes that have taken place from the Miami Police Department. Okay, any -- yes, sir. Commissioner Sarnoff Well, let me just say, Mr. Chair, that while I can occasionally agree with the colleagues to my left, Ms. Baker and Ms. Dawson, I don't think in this circumstance they're necessarily right. And I will go to the kernel of what they call Investigative 101 or Constitutional Law 101 that we all learned in law school. It is almost impossible for an institution or an agency to investigate itself. Why is that? Well, it's the inherent conflicts of interest that are there with the same people who see each other day in, day out, performing an investigation on somebody that they are somewhat familiar with. For instance, it could be that Internal Affairs, the head, may have gone to the academy with somebody he's actually investigating. In which case, there may be an inherency of knowing that person or his family, and there may not be the rigors of what they describe as significant cross-examination. If you were to learn what we learned in law school, and that is that no agency should really be allowed to investigate itself, although, for some reason, the Florida Bar allows itself to investigate itself, but it doesn't allow the doctors to investigate themselves because we know the inherency involved of doctors doing that. So other than the fact that we dictate to everyone else how to do it, we don't actually take our own advice, because we investigate ourselves, and that's called "the Florida Bar Disciplinary Rules and the Florida Bar, itself. So from that perspective, if you're going to draw up a document that dictates how something should be done, you would have a different agency investigating another agency. That is the gold standard of how you would do it. And with one thing, Mr. Chair, you know, with regard to timeliness, when you perform your internal infair [sic] investigation versus your criminal investigation -- and I would look to my Commissioner to my very far right -- bear in mind that police officers have Garrity and the Police Officers' Bill of Rights. You're going to get one statement from them alone. The timing of that statement should be best left to those who understand when it is best to take that statement. And I'm going to say this the last time. You could create any document you want. Create any set of regulations you want. Create any protocols, any policy and procedures, Mr. Chair. But unless you have the right people in the right shoes performing those tasks, I don't care what it says, it will not be done correctly. I would beg to differ, because I looked into FDLE. Their reputation is pretty clean when it comes to investigating other police agencies. I guess they have gotten it wrong. I guess when you have a 1,200-man Police Department, ChiefLlanes, you might have four or five or ten bad eggs. I guess when Florida Department of Law Enforcement -- and I think there are about 6,000 of them -- I guess there could be 10 or 12 or 15 or 20 or maybe even a hundred that aren't that good, but that's the nature of numbers. The nature of numbers is that you're going to have circumstances and items you can bring to somebody's attention. So I actually think this is a unique step in the right direction. Any time you have another agency investigating another agency because -- you just simply didn't go to the same academy with that person. You don't break bread with that person. You don't see that person day in and day out. You're much more likely to do a more full and fair investigation when you don't know the person. You don't either bear a grudge or you don't either bear a like for that person. City of Miami Page 80 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Thank you. Anyone else? Vice Chair Hardemon: May I? Chair Gort: Yes, sir. Vice Chair Hardemon: There aren't many times that I agree with the Commissioner to the left of me. Commissioner Sarnoff Should be the right, but -- Vice Chair Hardemon: But that is one of them. I think this is a step in the right direction, and I would even dare to say, I would love to see -- where we prosecute in the -- in our prosecutor's office, we prosecute police officers; and these are the same police officers, when we're prosecuting them, that the prosecutors' offices uses as witnesses day in and day out, and they do break bread with them, and they do sit down and have meals with them, and there is the appearance that they are in cahoots with each other. I mean, these are the same people that we're prosecuting, that we rely on them to give accurate information, and they're our character witnesses, and we -- and the prosecutor's office believes in their statement so much so that they use those witnesses day in and day out to prosecute the people who would live and who frequent our community. So if I could see this on a prosecutorial level where you have Broward County prosecutors investigating or prosecuting Dade County police officers , I think that would be great also, even though they're still cousins, in that sense, but that is better than what we have right now. Chair Gort: Okay. Yes, sir. Commissioner Carollo: Mr. Chairman, thank you. I would have to say, I agree somewhat consistent with the Commissioner on my left, even though we have some passionate debates here and there, but I do agree with him, and I'll go a step further. You know, once you are investigating a police officer and stuff, you see these same officers in court, you see them, you know, in different parts of the departments, so it does become more difficult, or at least the appearance that it becomes more d ff cult. And what you're seeing here is a clear direction of policy change for the betterment of the department. And what you're seeing here is our current Chief our future Chief the president of the union, our City Manager, and all of us coming together saying "we don't condone bad behavior. " If something has occurred that is wrong, no. Listen, we don't have a problem with someone else investigating it because we don't condone bad behavior. And we feel that when there is a police shooting, for the most part, it hasn't been -- it's been justified. However, we're so -- without putting words into anyone's mouth, we are confident that we don't mind having another department investigate any police shooting, and I think that says a lot. And this policy change is a step in the right direction. And I think it should show all of the public that we are really serious about moving in the right direction, even the perception, even for the perception that police officers cannot police themselves or investigate themselves. So, you know, I'm in total support of this. Thank you. Chair Gort: Thank you. Yes, sir. Chief Orosa: Mr. Chairman, since this is my last Commission meeting, I want to be a little bit brazen and say that "great minds think alike," Commissioner Hardemon and myself. I did a Michael Putney show not too long ago, a few weeks ago, and that was one of the questions, "How can we avoid one of the Ferguson type of situations with grand jury?" And I told him it's simple: just get a neighboring prosecutor to do the investigation and do the case and present it to the grand jury, and it will create another layer of un-involvement by the prosecutor and that grand jury. So Commissioner Hardemon, you and I think alike. Thank you. City of Miami Page 81 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 RE.5 14-01250 Office of Management and Budget Chair Gort: So you're telling yourself you have a great brain? That's great. Now, I understand you guys have been working on this for a while now. You have made change. You have changed a lot of your policies to comply with a lot of the requests that's corning out in Washington and you'll be doing so, and I'm sure you're going to continue or the new Chief is going to continue to do the improvement needs to be done. Chief Orosa: Correct. Even before Washington -- Chair Gort: Right. Chief Orosa: -- came down here, we made a lot of changes and they acknowledged that. And keep in mind, your vote today is just to give the Manager the authority to sign the agreement when it gets finalized. If something there is not kosher to the Manager, then he won't sign it, but that's all we're doing today, giving the Manager the opportunity to be able to enter the agreement. Chair Gort: Thankyou, Chief Okay, any further discussion? Being none, all in favor, state it by saying aye." " The Commission (Collectively): Aye. Chair Gort: Thankyou. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI FISCAL YEAR 2014-2015 MULTI -YEAR CAPITAL PLAN ADOPTED SEPTEMBER 9, 2014 PURSUANT TO RESOLUTION NO. 14-0322, AS SUBSEQUENTLY AMENDED ("PLAN"), ADDING CAPITAL IMPROVEMENTS PROJECTS ("PROJECTS") AND APPROPRIATIONS TO THOSE PREVIOUSLY LISTED IN THE PLAN, AND REVISING AND AMENDING CURRENT APPROPRIATIONS AMONG NEW AND PREVIOUSLY APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS, ALL AS INDICATED IN CONSOLIDATED EXHIBITA, ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 14-01250 Summary Form.pdf 14-01250 Pre-Legislation.pdf 14-01250 Legislation.pdf 14-01250 Composite ExhibitA.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0012 Chair Gort: RE.5. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of City of Miami Page 82 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 RE.6 14-01031 Department of Capital Improvement Programs/Transportat ion Management & Budget. RE.5 is a capital re -appropriation item. There are only two pages. The first page has three items that are general projects to specific projects. There are seven that are completed projects and we're re -appropriating money to active projects. The second page are eight new grants that the City is recognizing. I'll take any questions you may have at this time. Chair Gort: Thank you. Any questions? Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Rose: Thank you, Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT FROM THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION IN AN AMOUNT NOT TO EXCEED $40,000.00, FOR THE LITTLE HAVANA BICYCLE/PEDESTRIAN MOBILITY PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000.00, FROM CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM PROJECT NO. B-30645G. 14-01031 Summary Form.pdf 14-01031 Back -Up From Law Dept.pdf 14-01031 Legislation.pdf 14-01031 Exhibit -Agreement.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0013 Chair Gort: RE.6. Mark Spanioli (Director, Capital Improvements & Transportation): Good afternoon, Commissioners. RE.6 is a grant acceptance from the MPO (Metropolitan Planning Organization) for the Little Havana Bike/Pedestrian Mobility Plan. It's in an amount not to exceed of $40, 000, with a match from the City of Miami for 20,000. Chair Gort: Okay, do I have a motion? Commissioner Sarnoff. So moved on behalf of Commissioner Carollo. City of Miami Page 83 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 RE.7 14-01307 Office of the City Attorney Chair Gort: It's been moved by Commissioner Sarnoff it's second by -- Vice Chair Hardemon: Commissioner Hardemon. Chair Gort: -- Vice Chairman Hardemon. 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 DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CALVIN CLEARE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $140,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, 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. 14-01307 Memo - Office of the City Attorney.pdf 14-01307 Memo - Budget Sign-Off.pdf 14-01307 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0014 Chair Gort: RE.7 Victoria Mendez (City Attorney): RE.7 is a proposed settlement before you here today for Calvin Cleare versus City of Miami. Commissioner Sarnoff. So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.8 RESOLUTION City of Miami Page 84 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 14-01320 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS IN THE EXPECTED TOTAL MAXIMUM PRINCIPAL AMOUNT OF SIXTEEN MILLION DOLLARS ($16,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CERTAIN CAPITAL IMPROVEMENTS PROJECTS FOR THE AREAS SURROUNDING THE MIAMI MARINE STADIUM; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 9, 2014, AS SUBSEQUENTLY AMENDED. 14-01320 Summary Form.pdf 14-01320 Back -Up from Law Dept.pdf 14-01320-Submittal-Commissioner Sarnoff-Aerial Map Virginia Key.pdf 14-01320 Legislation.pdf 14-01320 Exhibit.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0008 Chair Gort: RE.8 and RE.9. We rushed through it; we been at it a whole year now. Alice Bravo (Deputy City Manager): Good morning. Chair Gort: Go ahead Ms. Bravo: All right. Chair Gort: RE.8 and RE.9. Ms. Bravo: Good morning. Alice Bravo, Deputy City Manager. RE.8 is a Management & Budget item basically requesting the City Commission authorization for issuance of bonds in the amount of $16 million in support of constructing the flex park in front of the Miami Marine Stadium of Virginia Key, in support of the RE.9 item. Commissioner Suarez: Move it. Commissioner Carollo: Second. Discussion. Chair Gort: It's been moved and second. City of Miami Page 85 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: Second for discussion. Chair Gort: Second for discussion. IT (Information Technology), where are we? Aren't you guys going to make a presentation? Ms. Bravo: If you want us to. Chair Gort: Of course, yes. Ms. Bravo: All right, we're ready. Commissioner Carollo: It's not part of our backup, so I figured I might as well see what you're asking $16 million for. Daniel J. Alfonso (City Manager): I'm sorry. Okay. Ms. Bravo: So basically, what you have before you is a view of the City master plan for Virginia Key, which was adopted by the City Commission in July of 2010, and this area was depicted as a green space for activities and for special events. And on the next slide, the master plan actually depicted how we could have an engineered surface that would be structurally sound to carry the weight of vehicles, but also be green during the year. We've rethought this concept a bit where we would actually have a pavement base and then an artificial turf system above it, and there are different permutations of that that can be accomplished, but basically, the strengthened soil would be under -laid with electrical conduits, drainage system, fire lines, and you'd have service points at the facility, water and sewer, electric that would help facilitate everything at the site; in addition, some perimeter lighting around the facility. So on the next slide, you could see during a special event at the site, you would have temporary event structures such as what you see during Art Miami in the Midtown area. Now, you have an aerial view of what some of these event structures look like, and so basically, these structures are set up side by side to meet fire code requirements. They have cross passages. They're air-conditioned, and as you can see from the interior, depending on the design needs, it could be luxurious inside; sometimes, they have parquet wooden floors , et cetera, and they are tailor-made for the event. In some cases, if you have just pedestrian loading inside, you could have a two-story version of the same thing. And, you know, these event structures are used throughout the world for all kinds of different events and different configurations, and so the company that the Boat Show is working with is the one that provides everything for Art Miami and the Art Basel shows. So RE.8 is the item with the bond approval, and RE.9 is a license agreement with NMMA (National Marine Manufacturers Association), and basically, this license agreement does not spell out a term and does not confer any property rights to NMMA, and basically provides for the five-day event venue on Presidents Weekend and a three-week setup period before, and a two -week takedown period afterwards. The rent that the agreement requires is 1.1 million for each period, and 50 percent of the net income for all food concessions at the Boat Show, parking at the Boat Show and any peripheral properties that might get involved, like the Rusty Pelican, et cetera, 50 percent of those net revenues. The 1.1 million, if there were to be a second boat show or third, then we would receive a three percent or CPI (Consumer Price Index) increments of that fee. We do want to make a substitution on the drawings that are attached to depict the boundary survey, so the boundary is the area immediately around the stadium on either side, and the area east of the water and sewer facility, which we currently use for parking during the tennis tournament in Key Biscayne, that would be used for a staging area during the setup and takedown, and it would be used for parking during the actual event. We've met with the Village of Key Biscayne representatives. The Mayor and the City Manager are here today, and basically, you know, we've worked with NMMA to address traffic concerns on the causeway, so the agreement spells out certain requirements for bringing boats and the tent structures to the facility to be during off hours to minimize traffic impacts. And basically, we estimate that between the tennis parking area and City of Miami Page 86 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 potential parking that we could arrange with Virginia Key Beach that maybe there would be about 4,000 parking spaces available, and what we would do is work to presell those parking spaces and advise those that do not have a pre purchased parking that there is no parking for them on Virginia Key. The Boat Show, because they till now have held their events on Miami Beach where there is limited parking, they're used to this type of constraint, and so they're used to developing agreements with entities such as the American Airlines Arena, the Marlin Stadium, et cetera, by which they could shuttle people into their site, so they're used to going through that operational issue. And we're going to pass out one statement that we want to add. What we're passing out is -- we're adding in Section 7 a provision for hazardous materials, as described in Section 32, and in Section 32, we're adding to the liability section the paragraph before you. Licensee, at its sole cost and expense, at all times and in all respects comply with all Federal, State and local laws, statutes, ordinances or regulations, rules, rulings, policies, orders, administrative actions and administrative orders, including, without limitation the hazardous material laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting material, substances or waste. I don't think I need to read all of this; I've handed it to the City Clerk. But in essence, in front of the Marine Stadium, NMMA will be constructing a temporary dock facility, and so boats that are part of the show will be in the water in front of the Marine Stadium, and in essence, they're responsible, per our agreement, for all permitting associated with that temporary dock and we just added this language. Although those permits would make them responsible for any environmental issues associated with having the boats in the water, we wanted to strengthen that language in the agreement. Chair Gort: Thank you. Let me ask you a question. I have the Marine Stadium site improvement expenditure; if we can have someone go through it. Ms. Bravo: The cost estimate? Chair Gort: Yes. Ms. Bravo: Correct. Chair Gort: I mean, it's important; you wanted to issue a $16 million bond issues and I want -- I think the public needs to know how the expenditure is going to be used. At the same time, I'd like to be able to explain what are the benefits for the City of Miami in the long term; not only for the short term, but by providing this facility and doing the infrastructure that we're doing in this area, how will they benefit the City of Miami? Ms. Bravo: All right. Chair Gort: And I agree, the traffic can be controlled by having the deliveries of the big ships and all that at certain times of the night where it will not harm the traffic, the daily traffic or the rush-hour tra lc. Ms. Bravo: All right. Chair Gort: Okay. Ms. Bravo: I want to point out the rendering that's on the screen right now. This is one of the renderings that was developed by Friends of the Marine Stadium. The ultimate vision of the site included, as per our master plan, that flex space towards the left, which would be the strengthened surface with the artificial turf on top of it. So, you know, one way to look at this is that this is something that the City intended to do by adopting the master plan in July 2010, so that's item RE.8; something we intended to do all along, and fortunately, with item RE.9, we already have one event available for this facility that would help offset the cost of implementing City of Miami Page 87 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 RE.8. With regard to the cost estimate that was e-mailed (electronic) earlier this week -- Commissioner Carollo: Wednesday. Ms. Bravo: Hmm? Wednesday. Commissioner Carollo: Wednesday. Ms. Bravo: Yes. Commissioner Carollo: Because I asked for it on Tuesday. Ms. Bravo: Okay. The elements that are included there is construction of a small comfort station, which would be a small bathroom facility. We have landscaping around the perimeter of the parking area, and it's important that we -- we want to provide our lighting and our landscaping on the perimeter so that the interior of the space, which is seven acres, is available for the erection of the temporary event structures. We also have hardscape features. We'll provide new chain link around the Marine Stadium, which is needed to safe up that facility, and we'll have like a scrim on that fencing that depicts, you know, the future view of the stadium once it's renovated. There's a lot of removal of obsolete poles, removal of trees, taking up what used to be the fountain area so that's all pedestrian friendly, providing ADA (Americans with Disabilities Act) throughout the facility. And so basically, the higher cost sections are the pavement that follows. Basically, we're constructing something that has the structural strength to handle the forklifts carrying boats that would come in, and that would be covered with our artificial turf. And then you have sewer, drainage, electrical -- everything that's needed -- under the pavement to make sure that the facility drains, and we have the power needs for the temporary event structures that are going to be there. I'd like a representative of NMMA to come up and talk about how they work with the community when they have -- with one of these events, because they do a lot to involve kids, provide educational opportunities and work with community groups. So just for the record, the two drawings that we handed out, for Exhibit "A," we've split that into Exhibit "Al, " which shows the flex space on either side of the stadium, and the water area and the basin where the temporary docks would be built; and then `A2, " which is the drawing depicting the parking/staging area on the east side of the water sewage treatment plant. Here's Cathy Rick -Joules [sic] from the NMMA. Cathy Rick -Joule: Good morning, Chairman and Commissioners. Cathy Rick -Joule, National Marine Manufacturers Association. I'm the vice president of our Boat Shows Division. As Alice suggested, we produce 24 consumer boat shows annually around the -- North America. We are the largest producer of boat shows in the world; we say that with no arrogance. It's just purely factual. And I think we can demonstrate our abilities to work within residential communities, as we have in Miami Beach for 74 years. There are lots of benefits for us. We bring 100,000 boating enthusiasts to this community. The City of Miami Beach High School has certainly done well by that. They produce a very large parking fundraising event during the show. So I think there are ways that we can help the community benefit from our event, and we're certainly looking forward to being good neighbors; that is our first intention, is to produce an event that is not impactful in any way. We have great experience with water taxi services and shuttle services, as Alice suggested. It would be our intent to provide water taxi service from all the major hotels in downtown Miami, as well as the American Airlines Arena, Marlins Park. We really feel we can impact the traffic situation the most with that use of that ability. Again, we have a big footprint, and we can work evening hours; we can bring vehicles and boat traffic overnight. So, you know, we really feel like we can minimize our impact to the community, and we hope that we're going to have the chance to prove that. Can I answer any other questions? Commissioner Carollo: Mr. Chairman. City of Miami Page 88 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Yeah, it's -- I guess it's getting a little out of the, I guess, structure that I thought we were going to be discussing. I figured we would be discussing RE.8 first and then RE.9, but since I have you here -- first of all, it's good to see you again. And obviously, for me and I think the whole Commission, we definitely want the Boat Show back in Miami where it belongs. With that said, I -- and I don't know the answer, because some of this information I'm getting now for the first time or yesterday afternoon or -- yeah, yesterday afternoon. Anyways, why hasn't there been negotiations or talks, or has there been, with regard to extending the commitment of the Boat Show to be here longer or a long-term commitment for, let's say, 10 years? Chair Gort: Mr. Manager. Mr. Alfonso: Mr. Chairman and Commissioners -- Commissioner Carollo: Yes. Mr. Alfonso: -- our City Charter does not allow us enter into that type of agreement for that type of lease in the agreement, so that's why there hasn't been that kind of discussion, sir. Commissioner Carollo: Well, Mr. Manager -- and again, listen, I've been a proponent of the referendum for -- ever since I've been here. However, currently, in our Charter, it stipulates -- first of all, it's my understanding you are a non -for -profit organization out of Delaware? Ms. Rick -Joule: That's correct. Commissioner Carollo: Okay. It's my understanding that in the Charter, under Section 2D, it stipulates that a non -for -profit -- and I don't have the paperwork in front of me but -- so I'm going on memory -- a non -for -profit, solely for marine purposes, which I would believe that they, you know, would be considered only marine purposes, can enter into a long-term agreement or a lease with the City without all the other additional -- and I will yield to our City Attorney to see if that is possible or not. Mr. Alfonso: And I -- we'll let her speak about that, as well. We've looked at that as an option, but then there are still some stipulations in there, like appraisals and some other stipulations that just -- there was not enough time to get all that done in 30 days, sir. Remember, this Commission gave us direction to come back with a way to get this done within 30 days. Now, we have all intention in the coming months to go forward with an extended process to determine what we're going to do with this site, et cetera, and bring it to Commission. But right now, in order to get this done -- and we really need to get this moving if we're going to have all the infrastructure development that has to take place. This is the proposal. Commissioner Carollo: And we discussed this, and I expressed some of my concern, Mr. Manager. What will be -- and I didn't see it here. I don't think it's been mentioned. What would be the yearly debt service on this bond? Mr. Alfonso: That is yet to be determined, because 16 million -- we haven't decided whether we're going to do a 15- or a 20-year -- Commissioner Carollo: Understood. Mr. Alfonso: -- so it could be anywhere from 1.2 to 1.5, in that range, depending on the rate of interest, whether we do a 15 year loan or a 20-year loan. City of Miami Page 89 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: Understood. But there is estimates, as you very well said. Mr. Alfonso: Yes. Commissioner Carollo: And what I'm concerned about, that in two years, three years, the Boat Show leaves, and we have that debt service and -- you know. Mr. Alfonso: We understand, sir. Commissioner Carollo: So that's something that -- that's a concern. If we could have some type of commitment that they'll be here for, let's say, 10 years, I mean, it makes it a lot easier to be able to support this, because, obviously, we're going to have a tenant that we know will be here, we know the amount that they will be paying other than, you know, CPI or three percent increase, whichever is greater, so that's why I would prefer to have some type of long-term agreement, you know, before we get into a $16 million bond, which, by -- Chair Gort: I think we all agree to that. We all would like to see if, legally, it could be done, and being a non -for -profit, it'd be great to be done. But at the same time, I'd like to make sure that everybody knows. My understanding is the -- this show is going to be utilized only three months out of the year; am I correct? Commissioner Carollo: Less than that. Ms. Rick -Joule: Less than. Mr. Alfonso: Five days, with a three-week setup and two -weeks takedown. Chair Gort: So you're talking about a two -month -- Commissioner Carollo: Less than that. Mr. Alfonso: Seven weeks. Chair Gort: Seven weeks, okay. Mr. Alfonso: Five weeks or so. Chair Gort: So it's important to understand the rest of the year, the City of Miami has the use of the facility and the infrastructure that we have constructed. Mr. Alfonso: Correct. Chair Gort: Okay. Mr. Alfonso: And we also -- what we're doing in this property, if the City Commission approves, is part of the master plan. I mean, we're developing the site. And now we have a partner who would actually help us pay the debt service on something that we would otherwise do, possibly, rather than have a site that continues to sit unused. Chair Gort: Okay, thank you. Commissioner Carollo: Back to -- follow-up question, Mr. Manager. Is there a possibility of doing a long-term lease with them? And you're saying there's not enough time, but what is the time frame? What is -- you know, because we're -- City of Miami Page 90 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Victoria Mendez (City Attorney): Commissioner, the issues with 29(d) is that all the parameters of 29(d) need to be established -- the public purpose, there's a public purpose provision; there's a -- two appraisals, which we would have to do, and as you know, appraisals take at least, you know, 30 days -- well, maybe Commissioner Suarez could tell us better but -- Commissioner Suarez: Thirty to 60 for commercial properties. Ms. Mendez: Right. Commissioner Suarez: Thirty to 60. Ms. Mendez: So we would have those issues. We have the public purpose aspects, and we just would have to fashion an agreement that meets all those provisions, because, as you know, we have a fairly, you know, litigious city, so we would just need a little time to make sure that we tighten everything up. Commissioner Carollo: Understood. I just -- you know, hearing Ms. Rick -Joule, it seems like a public purpose will be there. And then as far as 30 days or 60 days for an appraisal -- for two appraisals, I mean, I think it's contacting the appraisers and actually having it done. Mind you, you're talking to the Commissioner who's always -- has advocated for doing a referendum, but I'm just looking at the best interest for the City with regards to what the Charter stipulates right now, and making sure that that debt service would be paid by, you know, a tenant that, you know, is well known, is reliable; you understand what I'm saying? So I'm just trying to prevent that in the near future that goes empty and we have a $1.5 million yearly expense; not to mention that once all this improvements are made, you still need to do maintenance; you still need to do a lot of other things that will increase significantly the amount of cost to the City and possibly the general fund Mr. Alfonso: Commissioner -- may I through the Chair? Chair Gort: Yes, go ahead. Mr. Alfonso: We fully understand that concern, and as I said, we have every intent to post today, move forward on coming to this Commission with an additional proposal on what to do with the site, how to engage in a longer -term agreement, governance of this site, et cetera, et cetera. So it's not like we want to do this and that's it, stop. We want to bring those type of agreements in to this Commission. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Thank you. I understand the Commissioner's concerns, because, you know, obviously, when we're making a substantial investment of this magnitude, we want to make sure that we can pay for it. And, obviously, we're in a situation, as a city that's growing and continuing to grow and thrive, but we want to make prudent financial decisions. I think the better way of looking at it is this is phase one. Phase one was, you know, getting the Boat Show here, which we all wanted Obviously, we understood, and I think it was always clear that we had to make a capital investment to make that happen, and that's the risky part, I think, and I think that's the part that the Commissioner is concerned about, rightfully so; we all are. Because I think you have to have a major outlay without a major commitment at this moment, and I think that's -- whether it takes three months, whether it takes six months, however long it takes. Commissioner Carollo: And if may -- City of Miami Page 91 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Suarez: Yeah. Commissioner Carollo: -- you know, and to alleviate that risk, if we have a long-term agreement by a tenant that would pay significantly the debt service amount, I would feel a lot more comfortable, as I believe we all would. Commissioner Suarez: Absolutely. And I think, you know, phase two, which is the debt -- I would characterize that as phase two, because we obviously couldn't do it within phase one. And then, I would say phase three is the ultimate goal, really, which is not only to have the Boat Show, which would be a huge honor and a feather in our cap, but to restore the Marine Stadium, which is why I think we're doing all of this, which is phase three. And I see Don here, and I'm glad he's here. So I think, you know, we're talking about a phrase approach. And by the way, I haven't studied that provision in the Charter right this second, even though, you know, we have a Charter Review Committee now -- in effect, too. But even if phase two takes longer because you have to go to a public referendum, I don't have a problem with that. The issue is, you know, making sure that phase two is done right so that we do have a long-term commitment to pay for this expenditure. And I think, you know, Mr. Manager, maybe something that -- because I was looking at phase two a little differently, maybe. I wasn't -- you know, a million dollars -- an annual million -dollar outlay, it's expensive, a million -two, a million -five. But we need bondable money to now restore the Marine Stadium. So now, we're going to need another revenue stream to do that. So the way I was almost looking at it is that the million -one that was going to come in from the Boat Show would be used to do that, which is phase three. I don't want to get ahead of myself. I know that -- I know, and I don't want to get you nervous, but we -- you know, I think the good thing about this approach versus what we had before is, I think the two years should have been spent putting together this phased approach with some outside fundraising; had that happened, you know, this would not have felt as rushed. We could have done this, because we were in discussions with the Boat Show, I think, as early as May from what we were told before. Anyhow, that's water under the bridge; no pun intended. I think at this point, I'm willing to take the risk for this reason: One, I think we're in a good financial place; two, we've seen that public space like this is very rentable; Bayfront Park being a good example. We have the two past chairs, and we've seen that it's a very rentable space, and, you know, so making an outlay would be a little bit less risky from that perspective. Financially, as a whole, we're in good shape, but I think the directive from this Commission should be to immediately engage in phase two. You've completed phase one. We're going to vote on some aspects of phase one, but to now engage in phase two, which should be completed within 60 to 90 days, whether it's you're bringing back, you know, a deal through the provision that he talks about, or you're saying, "No. Look, we've concluded legally we cannot do that. We're going to be putting it on this ballot and we're going to be going through the referendum process, " whatever the case may be, and that's going to be the conclusion of phase two, so then we can now focus on phase three. But we are developing the project in conformity with the master plan, and we're moving towards the ultimate goal, which we were not doing for a while, so I think that's the big change here. Thank you. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Yeah, thank you, Mr. Chair. I always -- I try to de -couple these. I think, of course, there's a tendency to couple them, because you want to create the funding source necessary to pay for it, but I -- Mr. Chair, I look at this in terms of "What will this use, what will it look like 320 days a year?" And to me, that's really important; what it will look like and act like for 320 days a year. And what I -- so we know what it looks like right now, it's pretty clear. That's the water and sewer plant; this is the Bill Sadowski Preserve, Mr. Chair; and right here, we have what's called "the moon crater," or, if you will, the property surrounding Marine Stadium. It has looked like that for the better part, since I know, since 1992, I believe. And I always used to ask myself, "So who's the Commissioner of this particular place?" I usually don't use that nice a term. And I remember all the time, it's me. So I look at this like what are the opportunities here for everyone; not just the City of Miami, but, candidly, to some degree, City of Miami Page 92 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Key Biscayne and anyone else or any other kids that want to play around, you know, in well -thought-out flex parks. We call it a flex park, and I want to make sure that Alice Bravo on the public record states very clearly that for 320 days a year, this could be used as a soccer field;; that this could be used -- seven acres is what I wrote down, and I don't know how many soccer fields would be found on seven acres; although you have kids, you could probably tell me off the top of your head. Ms. Bravo: You could fit about two soccer fields there. Commissioner Sarnoff On seven acres? Ms. Bravo: Yes, on the east side of the stadium. Commissioner Sarnoff Okay. So -- and I don't even know whether young children need a full-size soccer field or not, but to me, that's a big opportunity. Then there also were the other opportunities where you would have the ability to -- I don't know -- will Art Miami always be exactly where Art Miami is? I'm not sure it will, I'm not sure it won't, but as we continue to grow as a city, we tend to push things out, and -- you know. So I look at this as, yeah, there absolutely could be the Boat Show, if you will, and I think, with some parameters, it may or may not work, but for 320 days a year, what should this be; how can it act; how can it facilitate the need of --? I don't want to just say "children," because I think there are adults that play soccer, as well, but it seems like there needs to be a significant improvement and investment in soccer in this community, and it seems like there's a real need for it, and as we dens [sic] and intensify the City of Miami, we tend to be doing so with folks that seem to be very focused on soccer and those type of things. So the yearly debt service is important to me. I think it's important to Commissioner Carollo. I certainly understand why. I think this could and possibly should go to a referendum or fashion a remedy where we can create a longer -term commitment, but it's also important to me that in the event -- so I'm kind of coupling it now, Commissioner Carollo -- what if the Boat Show doesn't work well there? Do we continue to commit to keep it there? I'm not sure that's necessarily a wise idea, either, because I'm not absolutely certain if something either goes wrong, or if something doesn't come out the way we expect it that we shouldn't try this for one or two years to see how it does work. It's never been done there before, Cathy, with all due respect. You're sitting next to the Bill Sadowski Preserve. There may be issues -- you know, Igo to Virginia Key twice a week, sometimes three times a week. I could tell you it used to really be a pain in the neck to get there before the toll booths went down. Now, there has never been a line, ever, no matter what time of day I go, to get back and forth to Virginia Key, and it's great. And, you know, along with the garbage cans, Commissioner Suarez, that was a quality of life changer, so now I have a quality of life changer. I no longer have to wait in lines to go through the Key. But again, on the de -coupling of this -- you know, candidly, I would love to say to you guys, "Let's put $16 million into this facility," because I think it's a facility -- and let me not just say District 2. It's not a District 2 facility. This is a citywide issue, bar none. And Commissioner Carollo could say I may have more folks in my district that play soccer. He may very well be right about that, but can you imagine having the ability to have a full-fledged soccer community out there, or a full-fledged -- you know, maybe it's eight facilities out there? Chair Gort: Parks. Commissioner Sarnoff Right. And I don't know about you guys, but if you ever go out to -- if you ever go to Virginia Key, and if you ever particularly go to Marine Stadium parking section -- and I have tried Mr. Chair, to put -- I'm a big triathlete, triathlons; the Miami Mile is the swim out there. I participated in that on a number of occasions. I've gotten glass in my feet coming out of the water, because it's just the nature of what we have there, and it's a shame, because I've seen 5,000 swimmers swim the Miami Mile, and, you know, this is what that facility could facilitate, and so I'm in favor of RE.7 -- I'm sorry -- RE.8, independent of anything else, and I may be -- I don't know -- with a couple of tweaks here -- supportive ofRE.9, as well, but I think City of Miami Page93 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 I've said what I wanted to say, and -- Commissioner Carollo: Mr. -- Chair Gort: Wait a minute. Commissioner Sarnoff -- appreciate the opportunity. Chair Gort: My understanding, we all want to see the long-term, if possible. Cathy, I think you wanted to mention something. Ms. Rick -Joule: Well, I would just remind you that this lease agreement obligates us to five years; that's part of the terms, so -- and we absolutely believe that we're going to build a show here that will be like no other. We have abilities that we don't have today at any other facilities -- deep water access, plentiful parking, access to major hotels -- and I would suggest to you that you not only look at the ROI (return on investment) as it relates to the rent that we would pay as a tenant, but to what the show will bring to the community. A hundred thousand boating enthusiasts will come here. Every hotel room that you can perceivably see will be filled. Sixteen hundred -plus jobs will be created. The marine industry here is so huge that this will be an unparalleled event in an iconic property that, you know, a lot of local people are dying to get back to see and be part of so I think you need to look at this from a higher level. It's not just an annual rent, but it's -- the face of this show will be seen worldwide; it will be global and you -- there -- it's -- it will be unmatched as far as what the show will bring to this community. Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you, ma'am. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. Ms. Rick -Joule, I can assure you, you don't have to sell us on bringing the Boat Show to the City of Miami. Now, it's just, you know, the details of "How do we get it done?" You know, I actually agree with Commissioner Sarnoff that it may not be the right location. I'm not sure. We don't know. We're going to test it for the first year. However, we're putting 16 -- or we're bonding $16 million up front, and then figuring out that it is the right location or not. There might be so many issues with traffic -- and I'm, you know, just throwing it out there -- that, you know, we have all kinds of residents coming to us, saying, "It's too much; it needs to go somewhere else." I'm not sure, you know, but I understand the risk that we're taking, because of a 16-million-dollar bond that we're doing up front. And by the way, yeah, I love the soccer field idea afterwards and so forth, but at the same time, you know, you haven't had the time to see, you know, or done a traffic study, or see if this is the right location; just like, you know, I was kidding in the item before, because I said, you know, "We're getting so demanding with what our residents should show or not, " and I'm here thinking, "Man, this was a 16-million-dollar bond, " and on Tuesday, I requested, "What's the itemization of the $16 million?" which I received on Wednesday, and I thank you for doing it quick, but I didn't have this in the background. I don't know why this wasn't in the backup, either, because we had no -- nothing to show what exactly it was going to look like or anything like that. But my point is, listen, maybe, you know, we should have the discussion. Maybe there shouldn't be a bond, you know, maybe -- and I don't know if that area is considered parkland, but maybe it should have been park impact fees. We definitely had quite a bit this year, and I think we're probably estimating quite a bit, you know, in future years. So again, I don't think we've had that discussion. Now, that does not mean and that does not take away that we don't want the Boat Show here in Miami; we definitely do; I'm definitely a proponent of it, but it's just the details. How do we go about doing it? And this is the first chance that I think we actually get to, you know, discuss, and, you know, how do we go about doing it? This is the first plan that has been, you know, presented to us. Is it a way of doing it? Yeah, absolutely. Is it the right way of doing it? You know, I'm not sure, you know. Being the Chairman of Bayfront Park, I can tell you, yes, City of Miami Page 94 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 I understand how the concept works very well, and I understand the additional days that we have to rent that space, you know, and something that I'm not even saying or I haven't said yet: I probably already know of someone that -- an event that I could get there for an additional 4 or $500, 000 that would then make up the difference, and we would have -- you know, we would break even on the debt service, but with that said, you know, I'd feel a lot better with a long-term commitment from the Boat Show, so at the very least, we know that we will have the Boat Show for a long term, and not just run the risk that we invest $16 million. And I understand your concept, Commissioner Sarnoff we want to do that anyways. But we haven't had a broad, you know, discussion on, "Do we do it in pieces, in phases, " like Commissioner Sarnoff said -- I'm sorry -- like Commissioner Suarez says? Or do we look at a bigger picture, maybe use some other funding, like park impact fees? Chair Gort: Okay. My understanding, also, we need to understand, Bayfront Park, we spent -- I understand the City spent about $30 million in building that park and that's why it's been such a great gift. Yes, sir. Mr. Alfonso: Mr. Chairman, real quick, we need the resolution of the authority to issue the bond so that we can start project work. The issuance of the bond or loan, whatever process we do, won't happen for another three to four months, because we can float the cash. Now, if it's the will of this Commission for us to come back and de fund $16 million of impact fees from the projects that have been allocated through this Commission and fund this project instead, I will be happy to do that, because then there's no debt service, and we just do it with impact fees. Commissioner Carollo: And Mr. -- Mr. Alfonso: Or any other option. Commissioner Carollo: -- Manager, I'm not saying go ahead and do it, or I'm not saying -- what I'm saying is we should have that discussion. Mr. Alfonso: I agree; we can have the discussion. Commissioner Carollo: That's all I'm saying. I think the discussion should be had. Chair Gort: Okay. Commissioner Carollo: Because, yeah, we would alleviate the debt on future Commissioners and, you know, future leaders that will be here. So all I'm saying is that this discussion should be had. Commissioner Sarnoff Can I bring up two fund -- Chair Gort: Yes, go right ahead. Commissioner Sarnoff -- just two funding sources that should be freed? One is we just took in on Christmas Day $3.75 million from the refinancing of Bayfront -- ofBayside, which was not accounted for in our budget; the $10 million from SkyRise, which is held up in court by a person who's very litigious with the City of Miami. That'll be $13,750,000. If you couple that to one or two years' attempt with the Boat Show, you would cover your -- you would cover the expense right there. And I'm not saying we should or shouldn't -- Commissioner Carollo: Right. Commissioner Sarnoff -- do it. City of Miami Page 95 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Carollo: You're saying let's have the discussion. Commissioner Sarnoff I'm just saying there are options out there, but on the other hand, there are people on this dais may say, "Well, you know, I have some historic property that I think should be renovated or fixed," or `I have a different agenda with this, " and I completely understand that. But I -- the one thing I do know -- And I think Commissioner Carollo suffers from -- I call it chronic fatigue syndrome of the Administration saying, "We have to go now." However, I will tell you, with the Boat Show, it is very true. You may be able to defer this one meeting, and after that, they are looking to go to Tampa or to Orlando, because they will move with haste right after the next -- because they're in the process of finalizing their boat show right now. A week after that boat show is over, they're already moving -- logistically moving things to the next Boat Show site. Mr. Alfonso: Mr. Chairman, ifI may? My -- Mr. Chairman, may I? Chair Gort: Sure, go ahead. Mr. Alfonso: Yeah. My recommendation was not to defer the item. We can pass the item. Commissioner Carollo: Exactly. Mr. Alfonso: We can bring back a discussion item later, because we won't borrow the money for another two or three months. Chair Gort: Right. Mr. Alfonso: And if we want to change the direction of how we fund it, that's fine, but if this passes today, then that gives us the go-ahead, because we know we will fund it somehow and a loan is one way. Commissioner Carollo: And I'm sorry, Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Follow up, two parts. Mr. Manager, two parts. One is, you know, open up the discussion of whether we want to fund it in a different way, or some type of hybrid, number one; number two, discussion with regards to having a long-term lease with the Boat Show and see if we could have them commit -- Mr. Alfonso: Well, that was through the commitment already, Commissioner. I mean, we are going to bring something back to this Commission for -- a greater plan for the overall site. Chair Gort: Now, my understanding is a statement was made that there's going to be five years. Ms. Rick -Joule: Yeah. The lease agreement basically -- Mr. Alfonso: License. Ms. Mendez: It's not a lease. Chair Gort: License. Ms. Rick -Joule: The license agreement, I'm sorry, obligates us to five years, yes. Chair Gort: Because they're not going to be in the property for the whole year. They're going to City of Miami Page 96 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 only be in the property for seven weeks, so. Commissioner Suarez: Mr. Chairman, ifI may, please? Ms. Mendez: It's not -- just to be clear, it's not a term of five years. It is -- with regard to -- the City is the one that can revoke the license, and it will be revisited within five years. Chair Gort: Okay, thank you. Commissioner Suarez, you're recognized. Commissioner Suarez: Yeah. Look, I think the key decision we have to make here is we want to get the Boat Show; everybody knows that. We have to make -- we have to vote on that legal concept of getting them here, and we also have to approve the expenditure of a capital that's needed to get -- to make that happen. Beyond that, I think we have a couple of decisions that we can make, but I think -- I hope it's -- everyone agrees that the next step is to restore the Marine Stadium. Chair Gort: Yes. Commissioner Suarez: I mean, that's -- so it's not like we're stopping at doing this capital improvement here in this basin. We need to automatically shift gears right after that point and think about restoring the Marine Stadium, so to the extent that there are funds that come in and things of that nature, I think this Commission has demonstrated you know, and the Mayor has also stated that his preference and I think the community's preference is to get this crown jewel active. And I think you're right; it's not a District 2 issue. It's a County issue; it's a City issue, where there's County money involved; there's City money involved. You know, it can be transformational to the City, and so whether we bond the money out, whether we take monies that are unaccounted for yet, whatever we do, we're still going to be, I think, looking for another $30 million. So -- go ahead, Mr. Mayor. I'm sorry, go ahead. Mayor Tomas Regalado: I am -- I just wanted to agree with Commissioner Suarez, because I think that this issue began seven years ago when a group of people created Friends, I remember as a City Commissioner. And then I remember, as a Commissioner, and Commissioner Sarnoff was here, that we approved the new master plan, and the master plan called for the renovation of the Miami Marine Stadium. I think that it's important that we remind the residents of Miami and everyone that this Commission for several years has supported in votes the renovation of the Miami Marine Stadium, and, you know, it's been there for 22 years, and hopefully, we will move that to the second issue, but the issue here is what the Manager said, that he needs to be authorized to tell Capital Improvement, "Let's do the bids, let's move with the construction so we can accommodate the Boat Show." Personally, I think that eventually, we should do a referendum, an RFP (Request for Proposals) with a referendum, because the people of Miami have the right to vote on it, and I think that we're moving in that direction, but what the Administration is asking is, so we can send the message to the Boat Show, "You are welcome, and, you know, then it will be on Capital Improvement to do the job before December of 2015. So thank you guys for -- Chair Gort: Listen, I'll give you a chance to talk, don't worry. We're going to open it up to the public, but we want to have discussion among ourselves first, but we're going to open it up to the public. We have -- the Mayor's been sitting here. Mayor Pena, my apologies, but this is discussion, and I'm sure you're used to this, and the City Manager, the same. If you recall, we asked -- when something came to us that we planned, that we did not agree to it, we ask the Manager the importance of this issue. We asked the Manager to come back in January with a plan to keep the Boat Show in Miami, number one. That's -- he got to work on that and concentrate on that. Then he needed to sit down with the National Historic Foundation, the Trust and all the other people and come up with the plan to rehab the stadium, the Marine Stadium. So that was the orders that were given to the Manager. He came up with an idea. City of Miami Page 97 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Now we think that that idea can be changed, and -- which is fine. He needs some decisions today. What I'd like to do, if you guys don't mind, open up to the public. We have a lot of individuals here that would like to address us, and I would like to call Mayor Pena, please, from Key Biscayne. Mayor Mayra Pena Lindsay: Good morning, Chair Gort, Commissioners. I'm Mayra Pena Lindsay and I'm the Mayor of the Village of Key Biscayne, and I want to thank you for the opportunity to address you on -- regarding the agenda items RE.8 and RE.9. In November, I came before you to provide perspective on the Marine Stadium redevelopment project that was before you. I want to reiterate that the Council and the residents of the Village of Key Biscayne continue to support the renovation of the Miami Marine Stadium. At the November 20 meeting, Mayor Regalado and this Commission graciously, and in a spirit of cooperation, agreed to include us at the table for the discussions regarding the Marine Stadium site and the Boat Show matter. Unfortunately, in the last couple of weeks, we've not had the opportunity for meaningful input. This process has been very rushed. Having reviewed your agenda items, I'm very disappointed with the direction these negotiations have taken. I would like to raise the following concerns: We recognize that it is a challenge, if not impossible, to fit a million square feet of convention space on an approximately 500, 000 foot park area. We recognize that your investment of $16 million in infrastructure requires monetization of this piece of property. Simple math dictates, as Commissioner Carollo raised, intense commercial use to sustain this type of investment. We recognize the serious impact that this intense use of development will have on the millions of users of the Rickenbacker Causeway and all the stakeholders of Virginia Key, including but not limited to four marinas, Historic Virginia Key Beach, MAST Academy, the University of Miami Marine Science campus, the Miami Seaquarium, Crandon Park, Bill Baggs, the tennis facility, cyclists, and the businesses and residents of Key Biscayne. Please consider that you may be, in effect, severing access to public beaches for over 2 million people, many of them who are your constituents and the residents of Miami -Dade County. These are our public beaches. I again implore you not to make these type of decisions in a vacuum, and I urge you to include all the stakeholders in a public process. We, as neighbors, have long enjoyed a good relationship with the City of Miami, and we reiterate our willingness to participate and assist in this process. In closing, I would like to remind you on the policy discussion that this very Commission had in 2010 regarding Virginia Key, when you all invoked the memory of conservation President Teddy Roosevelt. I quote Mayor Regalado when referring to Virginia Key: "There is nothing else like this. History will judge what we do with this island. We need to get it right." Thank you. Chair Gort: Thank you, ma'am. Alice, my understanding, the -- Key Biscayne has not been involved and we request that you get involved in the transactions and to be part of the transactions. Ms. Bravo: Well, we met early on with the Mayor and the City Manager, and we discussed a lot of their concerns, so as we negotiated with the Boat Show, we wove those concerns into the agreement. Chair Gort: Thank you. Let's make sure that we keep them aboard, all right? Anyone else? Yes, sir. Don Worth: My name is Don Worth. I'm a resident at 1390 Ocean Drive, and as somebody who's worked on the Marine Stadium for seven years, I'd like to register my enthusiastic support for what's happening here. The Boat Show is a wonderful, I think, anchor tenant, and I know we look forward to working with Cathy Rick -Joule. We've developed a lot of positive relationships over the last seven years to make what is this significant Boat Show really the greatest boat show in the world. I very well understand the concerns of Key Biscayne. I think I've spoken over there a half dozen times. John, you and I have met, and I expect we'll continue to work on this. I really think these traffic issues for this particular event can be mitigated in the manner that was outlined, and I know going forward, the concept is to have a whole series of events that do not City of Miami Page 98 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 have a footprint that is as large as this, and I hope we'll continue really working together. You should also know one of the members of our board, Charlie Erstadt (phonetic), who is a member of the Miami Beach Planning Board. He was the chair, and he can confirm that the Boat Show people work very, very hard to minimize the impact on the community. Other than that, I look forward -- as you know, I did not approve the last development plan that was presented to you, and I look forward to working with you to doing the next step. Thank you. Chair Gort: Thank you. Yes, ma'am. Renita Holmes: Madam Holmes. For the record, it's basically been said, and I agree with you very much, Mayor, but as we look back in history, my biggest concern is Virginia Key. When we talk about comprehensive, and we use that word, "comprehensive master plan," and we're consistently making changes, I can't comprehend that. However, when we talk about comprehensive master plan changes and we talk about a history of trying to develop a historical beach like Virginia Key, and now we're thinking thoroughly throughout a process of planning, then everyone else is getting its due process and the due diligence I'd like to see Virginia Key Beach get. But the major, major -- I just can't comprehend at all, and Mother Nature can't, either, is the environmental impact. So I stick to the facts. We've asked from the last discussion regarding this about environmental impacts. We have had consistent projects on this agenda today, and we haven't asked what is the financial impact or the environmental impact, which I believe is a requirement when we're talking about coastal land. There is detrimental -- I've had a conversation with Tropical Audubon, and I hope that you'll trust me on this one, because it was the City of Miami that taught me about brownsfield and gave us a location and sites of the things that have been yet to be addressed. Even so, Mr. Mayor, if there was a referendum, I want that data, I want that due diligence, I want that sunshine, because no matter who comes here in their boats and fly out, we're left with what's left, and you can't build Mother Nature like that, and we're talking about the third phase, and I appreciate that, Commissioner Suarez, because you're right, because that then will really have an impact. But how do we jump past the historical promise made to Virginia Key Beach? So when we're talking about financing this one, we're talking about making the deal, I believe Denny should be here, my Commissioner. I believe that we should hear from this group, and I'd like to know where that's going to benefit the historical black community, and that park, and the promise that was made long before 2010, and our rights to know how healthy we will be after everybody else leaves. Thank you. Chair Gort: Thank you. Anyone else? Yes, sir, you're recognized. Monty Trainer: Good afternoon. I'm Monty Trainer, a resident of Coconut Grove since 1968. Mayor Regalado, Mayor Pena. Ms. Alice, I really enjoyed your presentation. Chair Gort: Monty, bring the mike up. There you go. Mr. Trainer: Can you hear me now? Chair Gort: Yes. Mr. Trainer: This is near and dear to me as far as boating. We're probably the sailing capital of the world, and Dinner Key Boat Show, Cathy, used to be fantastic. I mean, it -- you're talking about filling hotels. We filled hotels for three or four weeks before and after. And now, if you're a boater, you go down to Bayside and you sit and listen to the band and come back. We have -- we don't really take advantage of our waterfront; we never have. We build things on the water, but they're not for the boaters, you know; they're just to park the boats, and we consider that important. I remember when we used to have -- when Jimmy Buffet used to work for me, we'd have his concerts over there. It was -- everybody was flooded. It was a kind of a real happening for the community. And I -- you're looking at your watch? City of Miami Page 99 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: No, no, no, not yet. Mr. Trainer: I'm checking you. I'll let you talk now. Chair Gort: I'm not checking you. You got plenty of time left. Don't waste it. Mr. Trainer: I'm not wasting it. But we used to go and -- we used to go from Miamarina; we'd have parties, and had bigger boats and go over. And now, I think that this is such a great -- because I drive by now, and I'm ashamed for the City; I'm embarrassed for the City that we've let that thing lay there for that long on the water. Go to Seattle, go to New York, go to all these places where they really use the waterfront. We don't. And I know Commissioner Carollo is concerned about the debt service, but I'll tell you, when you have a boat show and they're there for five years, they'll never go back to the Beach. This is the perfect venue for a boat show and for concerts, and for other things. I don't know about the soccer. I mean, I just heard that, but I think it's possibly a good idea he's probably studied a little bit. But I just can't, I can't emphasize enough how much we do not use the water, and this is such a wonderful opportunity. I remember Bernie Little and I -- he was with Budweiser -- we went to Seattle. I took 400 pounds of stone crabs, two stone crab shuckers. We went to Seattle. We were in a parade, and they introduced us to bring the Gold Cup Hydroplane to Miami. And we were successful in bringing it, and then it came back a couple of years later, and that was a fantastic economic engine for us, so that was a great use of Marine Stadium. So I don't want to sit here and talk, because this -- it's a history lesson. You guys don't need a history lesson. Everybody here maybe -- Keon, were you around then to see the Marine Stadium and everything that went on? You're probably the only one. In looking at the demographic in the audience, I think everybody here remembers what we used to do out there. And Don, I want to compliment you. Seven years ago, as the Mayor said you made your first presentation to the Chamber of Commerce, and it was very nice, and you haven't deviated much from that, but you've persevered or you've tried, anyway. But this is -- these are the guys that are going to make it happen, and I implore you to vote for this Marine Stadium. It's the greatest thing could happen for Miami at this particular -- and forget the traffic. You want to worry about traffic, go down to Brickell, go down to U.S. I. Everybody's worried about traffic, pooh, get started now. Chair Gort: Thank you. Nathan Kurland: Good morning, Commissioners, ladies and gentlemen in the chamber. Commissioner Sarnoff I just can't get the guy with two loaves of bread under his arm out of my head. I just wonder if that means he has a lot of dough. As many of you know, I come before you many times as an opponent of various resolutions. Today, I find myself in an interesting situation. As Monty Trainer just talked about, seeing Marine Stadium as we pass by every day is a disgrace; that we've allowed it to become that. However, there are some questions that I have. And while I know that this was done in haste -- as Commissioner Carollo has pointed out, so many things over the last year seem to be done in haste -- I would have liked to have seen a traffic study. Monty just pointed out that we can look at the traffic now, but add 150,000 or 200,000 cars a day as the Mayor of Key Biscayne didn't necessarily point out, but I'm sure is of great interest. When I have -- I worked for five years for the Sony Ericsson. When you go to the tennis tournament, the parking is directly across the street from it. When you have the Boat Show, cars are going to have to go past the Boat Show, park their car, come back to the Boat Show, visit the Boat Show, go back to the parking lot and then come back off the island. To me, this is of great concern. I serve as a member of the Bayfront Park Trust. I am very aware, as I'm sure Commissioner Carollo is, as our Chairman, of what it cost to maintain Bayfront Park; Museum Park, $1.1 million alone, just to maintain Museum Park. I didn't hear any talk about how that's supposed to be taking place at Marine Stadium. Also, Ms. Joule, I love the Boat Show, but I didn't hear any concern, and I would hope that you would consider speaking to the gentleman who just stood at this podium. The Coconut Grove Art Festival will be tremendously impacted by that amount of cars. This is a 53-year or 52-year-old institution that will take a City of Miami Page 100 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 major hit by adding another 150,000 people to it. Just once, when someone says a bond issue of $16 million, I would really like to hear the total with the interest over the 30-year course of a bond. If we're talking about $16 million, fine, but we're not. Just as we learned with the baseball stadium, that money is in the billions, not in the hundreds of millions. So those things considered, again, I'd like to get a total cost. It was nice to hear the Commissioner Sarnoff talk about some caution, because this could very well be a catastrophe, to be quite honest with you, we may not be able to handle. In conclusion -- Chair Gort: In conclusion, yes. Mr. Kurland: -- I'd like to see a traffic study done. I'd like to see this more -- an innovative way of raising money, as Commissioner Sarnoff pointed out. I believe the residents of Key Biscayne are just like the residents of Coconut Grove. We will be tremendously impacted by adding this number of people, and it doesn't seem to me that we've really given it enough time. Thank you, sir. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearings. Commissioners? Vice Chairman Hardemon? Commissioner Sarnoff I'm going to move it as amended. Mr. Hannon: Excuse me, Chair. There was a motion by -- made by Commissioner Suarez with a second by Commissioner Carollo at 11:03, with the amendment that was made at 11:09. Commissioner Sarnoff That was an hour ago. Are they still good? Vice Chair Hardemon: It will be still good, but I just -- Mr. Chairman, I'd like to know, for clarification on the record, what that motion is. Chair Gort: What's the motion? Commissioner Suarez: Motion to approve the item as amended. Mr. Hannon: Yes. And the amendment -- there is a memo -- Chair Gort: Why don't you read the whole motion. Mr. Hannon: The memo is quite lengthy where it removed -- I know that Madam Deputy City Manager did reference some of the amendments in the memo, and it was distributed to you. Vice Chair Hardemon: But I want to be clear. We are talking about RE.8. Mr. Alfonso: Correct. Vice Chair Hardemon: Okay. Mr. Alfonso: The memo is not to RE.8, though; it was to RE.9. Mr. Hannon: I'm sorry; RE.9. Mr. Alfonso: So let's take these one at a time, I suppose. RE.8 is the loan, and that didn't require any amendment. Ms. Bravo: Right. RE.9 is amended to include the language on the memorandum that was distributed and remove one sentence also listed on the memorandum, and to provide the City of Miami Page 101 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 drawings for Exhibit Al and A2, as referenced in the agreement. Commissioner Suarez: Can I just -- Mr. Chair, may I? Chair Gort: Yes. Commissioner Suarez: Just add something to that motion, which is that the Manager will come -- because that's an authority to bonds, correct? Mr. Alfonso: Okay, so if we focus on one at a time, RE.8 -- Commissioner Suarez: Correct. Mr. Alfonso: -- is the authority to bond. Commissioner Suarez: Right. Mr. Alfonso: You want to add a change to that item. Commissioner Suarez: Yeah. What I want is in 60 days, for you to come back with a report on all available funding sources for -- Chair Gort: Different options. Commissioner Suarez: -- the payment of this capital work. It could be -- you're going to start spending right away. Mr. Alfonso: Correct. Commissioner Suarez: Right. So what are all the available funding sources to pay for this capital expenditure? And "B" -- I guess that would be RE.9. I'll wait on that one. Mr. Alfonso: So for RE.8 -- Commissioner Suarez: Sixty days. Mr. Alfonso: -- amend it. We have the authority to go ahead, but I will come back to this Commission within 60 days -- Commissioner Suarez: Four Commission meetings; how about that? Mr. Alfonso: -- four Commission meetings. In four Commission meetings -- Commissioner Suarez: Right. Mr. Alfonso: -- we'll come back to this Commission with other options prior to issuing this 16 million -- Commissioner Suarez: Correct. Mr. Alfonso: -- dollars in debt. Got it. Chair Gort: All right. Vice Chairman? Vice Chair Hardemon: I'm fine with that. City of Miami Page 102 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 RE.9 14-01271 Department of Real Estate and Asset Management Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC., A DELAWARE NOT -FOR -PROFIT CORPORATION, FOR THE USE OF A PORTION OF VI RGI NIA KEY UPLAND AND SUBMERGED LANDS (COLLECTIVELY, THE "PROPERTY"), TO BE USED FOR THE PURPOSES OF PRESENTING TO THE PUBLIC THE MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND ITS RELATED ACTIVITIES AT AN ANNUAL PAYMENT OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00) AND FIFTY PERCENT (50%) OF THE INCOME RESULTING FROM ANY AND ALL FOOD AND BEVERAGE CONCESSIONS AT THE BOAT SHOW, OR ANY PARTICIPATING OFF -SITE PROPERTIES WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH LICENSE AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 14-01271 Summary Form.pdf 14-01271 Legislation.pdf 14-01271-Submittal-Alice Bravo -Agreement Substitution Memo.pdf 14-01271-Submittal-Alice Bravo-Presentation.pdf 14-01271-Submittal-Commissioner Sarnoff-Aerial Map Virginia Key.pdf 14-01271-Exhibit-Agreement-SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0009 Commissioner Suarez: Move RE.9. Chair Gort: RE.9. Commissioner Suarez: Move it. Commissioner Carollo: Second. Discussion. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Discussion, Commissioner Carollo. Commissioner Carollo: As amended. Commissioner Suarez: Yeah. And I would just say -- I would add to that also that in 60 days -- Commissioner Carollo: They come back. City of Miami Page 103 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Suarez: -- the Manager comes back to us with a report on what are the legal procedures that need to be followed to potentially have a long-term lease of this property. Chair Gort: Okay. Alice Bravo (Deputy City Manager): Ninety days. Commissioner Suarez: Ninety -- 90 day -- you need six Commission meetings? Commissioner Carollo: Of at least 10 years. Ms. Bravo: Okay. Chair Gort: Okay. Commissioner Suarez: Six Commission meetings. Chair Gort: Okay; that we -- second agrees? Commissioner Suarez: Six Commission meetings. Commissioner Carollo: Yes, but hold on. I agree, and that's the gist of what I had spoken before, but I would like it at the same time as -- which will be not six -- four and we'll have to discuss with the Manager to see if that's long enough. Commissioner Suarez: He was -- she was asking for 90 days, which is six Commission meetings. Commissioner Carollo: Because I would like maybe before we -- you know, within the 60 days so they combine at the same time, because that's before they issue. Commissioner Suarez: That was what I initially said. Commissioner Carollo: Right. Commissioner Suarez: But, I mean, they're asking for 90. Commissioner Carollo: Okay, so let's do this: Let's -- Chair Gort: Hold it, hold it, hold it. One at a time. Commissioner Carollo: Hold on. Chair Gort: Yes. Commissioner Carollo: I think I have the floor, Mr. Chairman. Let's do the four Commission meetings -- Commissioner Suarez: Right. Commissioner Carollo: -- and if they need additional time, then let us -- tell us that they need additional time. Commissioner Suarez: Fine. Fine with me. City of Miami Page 104 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Okay. Commissioner Carollo: Okay. Chair Gort: All right. Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair, ifI could -- Chair Gort: The alleys. Commissioner Suarez: -- clarify that last one. The procedure for a long-term lease, right, whether it be -- because we might decide five, 10, 15, 20 -- whatever we decide. But anything that requires a legal procedure that it needs to go through. Commissioner Carollo: Right. And that would be to see if, you know, they would you know, be amicable to doing a long-term lease with us, and I would like to see personally at least 10 years. Commissioner Sarnoff I understand that. Can I just -- I just want to go on record with this Commission. Let's just see what the first year looks like, but -- I didn't turn it off. Commissioner Suarez: The Chair turned it off by accident. Commissioner Sarnoff I think the Chair cut me off. Mayor Regalado: It's off. Everything is -- Chair Gort: I could not control it. Mayor Regalado: -- fine now. Commissioner Sarnoff Is it on? Yes. Chair Gort: You got to turn it off yourself. Unidentified Speaker: That was probably me. Commissioner Sarnoff I was probably -- still on, that red button's still there. Commissioner Suarez: Barnaby, don't run away. That was you, buddy. You hit it with your back. Commissioner Sarnoff That was good I think the Manager smartened up, and he finally got that flip switch. Chair Gort: I think they made some switches here. Commissioner Sarnoff There you go. All I'm saying is I think it's imperative we go through at least one cycle just to see what it's like. Commissioner Suarez: Well, let me ask you then, the 60 days does -- the boat show will be within that time frame, correct? City of Miami Page 105 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Mr. Alfonso: No. The boat show will be a year from now. Ms. Bravo: It's February 2016. Commissioner Suarez: Of '16. Commissioner Carollo: Of '16. Ms. Bravo: We just need to get started now on the site improvements. Commissioner Suarez: Right. Commissioner Carollo: So you could do the construction and all the capital improvements to the site so that they'll be able to come. Commissioner Sarnoff I just think it's imperative, before we make a firm commitment -- this is my position, and I'm voting for this because what it does for 320 days a year, and I'd like to see how the boat show does. I think it may fit; it may not. You may have Key Biscayne supportive, not supportive. It -- I'm just suggesting try it first before you make a long-term commitment. I think you should do all the steps necessary to see what it's like to create along -term commitment, and I'm just imploring you guys. Commissioner Suarez: Let me ask a question, a financial question. Is there -- because you're obviously expending right away, and then I think the idea was if you bonded the money, you would reimburse the expenditures with the bonded money. Mr. Alfonso: Correct. Commissioner Suarez: Is there a time nexus between when the expenditures have to happen and when they can be reimbursed? Mr. Alfonso: We will -- once we have authority to issue debt, we can start spending and reimburse ourselves for an 18-month window, which is, obviously, we have to get it done within the next 11 months, so that will be -- not be a problem. Commissioner Suarez: But -- okay, but that's not the question I'm asking. It's when does the debt have to be issued? Because the debt -- Mr. Alfonso: Well -- Ms. Bravo: Eighteen months. I believe -- Mr. Alfonso: Right. We have up to 18 months to issue the debt -- Commissioner Suarez: So we have time -- Mr. Alfonso: -- but I would rather have the cash that we're spending not come out of existing funds if we can avoid it, I mean. Chair Gort: But you're going to look at different options, because you might have different options -- Mr. Alfonso: Yeah, we -- that we will come back with. Commissioner Suarez: That's part of the last item that we just voted on. City of Miami Page 106 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Mr. Alfonso: Correct. Commissioner Suarez: Coming back anyway. Mr. Alfonso: That is correct. Chair Gort: Right. Commissioner Suarez: But -- okay, I think there's a way to solve it. Commissioner Sarnoff I do, too. Commissioner Suarez: I think there's a way to solve it. Chair Gort: All right. They're going to be coming back. We need to continue to negotiate with the boat and the Key Biscayne and so on, so all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Let's go to alleys. Mr. Alfonso: Okay, real quick, Mr. Chairman, before we go there, I just want to thank Alice Bravo, and the DREAM (Department of Real Estate and Asset Management) team, and the Budget folks, and the CIP (Capital Improvements Program), and the folks from the Boat Show and everybody involved in this, because they did a great job. Over the holidays, when most people were sitting at home enjoying turkey or pork or whatever -- Chair Gort: Page 2. Mr. Alfonso: -- these folks were hard at work on this. Thank you. Commissioner Sarnoff As a matter of fact -- Chair Gort: Thank you. That's what team work is all about. Commissioner Sarnoff -- I believe Ms. Bravo's -- Mr. Alfonso: And the City Attorneys Office. Chair Gort: Yeah. Commissioner Sarnoff -- flan -- pan, right. Ms. Bravo: My flan. Commissioner Sarnoff Flan, pan? Because she was out here late, and her flan didn't come out correctly, so we owe Ms. Bravo some flan. Chair Gort: Okay, we can get that; that's no problem. END OF RESOLUTIONS BOARDS AND COMMITTEES City of Miami Page 107 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 BC.1 14-01130 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 FORATERM AS DESIGNATED HEREIN. BC.2 14-00964 APPOINTEE: NOMINATED BY: 14-01130 Arts CCMemo.pdf 14-01130 Arts Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION Chair Wifredo (Willy) Gort Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. 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 A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jordan Argize Commissioner Frank Carollo 14-00966 Bayfront CCMemo.pdf 14-00966 Bayfront Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 108 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 BC.4 14-01243 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0016 Chair Gort: RE.8. Daniel J. Alfonso (City Manager): Commissioner, 8 and 9 were already done earlier today. Chair Gort: That's right, okay. Board appointments. I'll waive all of mine. Nicole N. Ewan (Assistant City Clerk): Good afternoon, Chair and Commissioners. We're going to start with BC.3, Bayfront Park Management Trust. Commissioner Carollo will be appointing Jordan Argize. Vice Chair Hardemon: Move it. Commissioner Sarnoff. Second. Chair Gort: Is there a second? Commissioner Sarnoff. Sorry. Second, Mr. Chair. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large 14-01243 Civil Service CCMemo.pdf 14-01243 Civil Service Current_Board_Members.pdf NO ACTION TAKEN BC.5 RESOLUTION 14-00967 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. APPOINTEES: NOMINATED BY: City of Miami Page 109 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 BC.6 14-00304 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Chief of Police Office ofthe 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 APPOI NTEES: (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 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff City of Miami Page 110 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 BC.8 14-00393 14-01131 CRB CCMemo.pdf 14-01131 CRB Current_Board_Members.pdf 14-01131 CRB Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION 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 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: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 14-00976 EAB CCMemo.pdf 14-00976 EAB Current_Board_Members.pdf 14-00976 EAB Resume.pdf NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City of Miami Pagr 111 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 NO ACTION TAKEN BC.10 RESOLUTION 14-01133 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. BC.11 14-00979 APPOINTEE: NOMINATED BY: Anneriz Walker AFSCME 1907 14-01133 EOAB CCMemo.pdf 14-01133 EOAB Current_Board_Members.pdf 14-01133 EOAB Memo and Resume.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0017 Nicole N. Ewan (Assistant City Clerk): BC.10, Equal Opportunity Advisory Board. AFSCME AFSCME (American Federal, State, County, and Municipal Employees) 1907 will be appointing Anneriz Walker. Commissioner Sarnoff So moved. Vice Chair Hardemon: Second. Chair Gort: Moved by Commissioner Sarnoff second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying bye." The Commission (Collectively): Aye. RESOLUTION 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 City of Miami Page 112 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 14-00979 Finance CCMemo.pdf 14-00979 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 14-01317 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Chair Wifredo (Willy) Gort (Architect - Category 1) Chair Wifredo (Willy) Gort (Citizen - Category 7) Vice Chair Keon Hardemon (Citizen - Category 7) Vice Chair Keon Hardemon (Landscape Architect - Category 2) Commissioner Marc David Sarnoff (Real Estate Broker - Category 5) Commissioner Marc David Sarnoff (Citizen - Category 7) Commissioner Frank Carollo (Historian or Architectural Historian - Category 3) Commissioner Frank Carollo (Business/Law/Finance - Category 6) Commissioner Francis Suarez (Architect or Architectural Historian - Category 4) Commissioner Francis Suarez (Alternate Member that Qualified Under One of the Qualifications - Category 8) 14-01317 HEP CCMemo.pdf 14-01317 HEP Current_Board_Members.pdf 14-01317 HEP Applications.pdf 14-01317 HEP Application Summary.pdf NO ACTION TAKEN City of Miami Page 113 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 BC.13 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: NOMINATED BY: Julian Linares Mayor Tomas Regalado Joe L. Chi Mayor Tomas Regalado Adib Eden Mayor Tomas Regalado 14-01136 MIC CCMemo.pdf 14-01136 MIC Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0018 Nicole N. Ewan (Assistant City Clerk): BC.13, Mayor's International Council. Mayor Regalado will be reappointing Julian Linares. He will also be appointing Adib Eden and will be reappointing Joe Chi. Vice Chair Hardemon: Move it. Commissioner Sarnoff: Second. Chair Gort: Been moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Ewan: That concludes your board and committee appointments. Thank you. Chair Gort: Thank you. BC.14 RESOLUTION 14-00396 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff City of Miami Page 11-1 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00396 MSEACCMemo.pdf 14-00396 MSEA Current_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 14-01244 Office ofthe 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.16 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.17 RESOLUTION 14-00313 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 115 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort 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 BC.18 RESOLUTION 14-00867 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.19 14-01137 Office of the City Clerk 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: Mayor Tomas Regalado Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff City of Miami Page 116 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 DI.1 14-01146 City Commission Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-01137 WAB CCMemo.pdf 14-01137 WAB Current_Board_Members.pdf NO ACTION TAKEN DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-01146-Submittal-City Manager -Police Department Hiring and Staffing Update Memo.pdf DISCUSSED Chair Gort: BC.2. Daniel J. Alfonso (City Manager): I'm sorry; I thought we were on discussion items. Chair Gort: Oh, discussion item 1. Commissioner Sarnoff. D1; police officers. Chair Gort: Okay. Mr. Alfonso: Right. So DI] is the status of hiring police officers. Chief Orosa. Manuel Orosa (Chief of Police): Good afternoon, again, Commissioners. Since the last Commission meeting, we've hired six. We have five applicants waiting for medical. I just heard that five of those cleared, so they'll be hired within the next week or so. Sixteen applicants are going through the background investigations. They're in their final stages. And then we still have 48 going psychological testing. The recruitment drive for the new push to hire will begin January 12. We're all ready to go. We did the recruitment. We open up January 12. We'll leave it open for a week. Out of those, we expect to get about 1,500 applicants. By the time we are ready to start processing those applicants, we'll be done with the 50 or 60 that are left over from the previous list and we'll have a better idea where we're at, and we move forward to hiring the new applicants. Commissioner Sarnoff. So when you were -- I'm sorry, Mr. Chair. Is it all right? Chair Gort: Yes. Commissioner Sarnoff. So when you were discussing a moment ago we have six guys that just cleared this and whatever -- Chief Orosa: Yes. Commissioner Sarnoff. -- that is of how many you anticipate being hired? City of Miami Page 117 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Chief Orosa: Well, we have six waiting medicals, so we anticipate to hire all six. Commissioner Sarnoff Okay. Chief Orosa: We have 16 going through the background. We probably will hire half of those. Commissioner Sarnoff Wait, stay there. So let's say you get your eight. Are those certified officers, or they have to go through the academy? Chief Orosa: I do not know, because right now we hire whoever. If they're certified, better for us; we put them out there; if not, the academy. Commissioner Sarnoff Okay, keep going. Chief Orosa: But to help you out, Commissioner, we have right now 60 in the police academy and 40 in the FTO (Field Training Officer) program. Out of those 40, they'll be hitting the road solo in February, March and April. Commissioner Sarnoff But those are counted in my 1,157 officers, correct? Chief Orosa: Correct. Commissioner Sarnoff I just don't feel them. Chief Orosa: You don't feel them, right. Commissioner Sarnoff But I have 1,100 -- well, I didn't mean l have. "But we have 1,157 officers. We just don't feel like we have 1,157 officers. You could say, Night; yes; no, I don't agree with you, Commissioner." Mr. Alfonso: Yes, that is -- Chief Orosa: You have -- Commissioner Sarnoff (UNINTELLIGIBLE). Chief Orosa: -- you're paying for 1,157 -- Commissioner Sarnoff Have we stopped paying him? I just want to know. Chief Orosa: You're paying -- for the 1,158 [sic], you have 100 that you're not feeling yet. Commissioner Sarnoff A hundred that we're not feeling. Chief Orosa: Right, 16 in the academy, 40 in the FTO program. As soon as come April, you will be feeling all 40. And as soon as the 60 start coming out of the academy, you're going to be feeling eventually all 100 of them. Commissioner Sarnoff And those 60, when do those 60 come out? Chief Orosa: They're still in the academy. They're in three different academies, so it'll be staggered. Commissioner Sarnoff Okay. Now, my question to you is in -- the end of '15, the end of '16, how many police officers are scheduled to come off of -- on the DROP (Deferred Retirement City of Miami Page 118 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Option Plans)? Chief Orosa: Fifteen is minimal; 16 is a lot. What I mean by lhinimal,'7 think it's like 19. Mr. Alfonso: Nineteen -- Chief Orosa: Right. Mr. Alfonso: -- in '15. Chief Orosa: And then '16 is the bigger group. Unidentified Speaker: Sixty-five. Chief Orosa: Sixty-five. Commissioner Sarnoff And in 2017, how many? Mr. Alfonso: A hundred -plus. Commissioner Sarnoff I think it's a hundred and -- Mr. Alfonso: Thirty -something. Chief Orosa: Whoa, thank God I'm retiring. A hundred -plus. Commissioner Sarnoff No, it's more than a hundred. It's like -- Chief Orosa: Correct. Commissioner Sarnoff -- 150, is it? Mr. Alfonso: One thirty-four, Commissioner. Commissioner Sarnoff One thirty-four. Chief Orosa: So the whole idea behind this push, Commissioner, is that if we continuously hire, and once we hit the maximum budget, we should continue to hire on a buffer so that when 2017 comes around, we basically do not feel it as bad as the hundred and some appeared to be. Commissioner Sarnoff And just to put this in perspective for anyone watching, since you've been here and you have said you've done a great job of hiring police officers. Chief Orosa: I didn't say that; you did. Commissioner Sarnoff There you go. You're just going to adopt it. How many police officers have you hired? Chief Orosa: Well, when I first started the previous two years, only 19 had been hired; the first year we hired 120; the second of my year -- last year, 101. Commissioner Sarnoff Okay, so you have accounted for 221 hires? Chief Orosa: Correct. City of Miami Page 119 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff Correct? And yet, by 2017, you will be 220 officers down. So to put it in perspective to the Manager and the new Chief everything you've done will be undone in 2017, unless and until we start expediting and pushing to over -hire, because if we're actually to get to the allocated amount -- and I'll be honest with these guys; I pretty much intend on asking for another hundred officers, you know, this budget cycle. Chief Orosa: And I will support you, because I'm not going to be in this (UNINTELLIGIBLE). Commissioner Sarnoff I hope you come, because I'm going to actually send a car out there to pick you up, so I hope you come. Mr. Alfonso: And I will keep him out of the chambers. Commissioner Sarnoff All right, I don't think you have that power anymore, Mr. Alfonso, but obviously, we'll see. So -- just so that we're clear, you know, this jurisdiction is on the verge of doing one of two things: staying at par, in which case we have never had any net increase of officers; or actually losing officers, unless we find a different strategy or faster strategy of hiring. Chief Orosa: I don't think that the faster strategy of hiring is the solution, because we do not want to make mistakes in the hiring. I think that it should be that once we reached our allotted budget, we should be able, for a short period of time, over -hire so that when the bottom falls and people start leaving, you will not feel it as bad as you would if you don't prepare for it. Commissioner Sarnoff Now, you told me about three or four Commissions ago that you believe we would be at the complement of actual budgeted police officers by the end of September 2015. Chief Orosa: Correct. Commissioner Sarnoff Want to stand by that statement? Chief Orosa: Sure. Commissioner Sarnoff Okay. Chief Orosa: I won't be here, but I'll -- Commissioner Sarnoff You won't be here so it won't really matter. Chief Llanes, you want to stand by his statement; to be determined, right? TBD. Mr. Alfonso: I'm not standing by his statement. Commissioner Sarnoff Okay. Chief Orosa: No. I honestly believe that we can hire -- we are right now at the par of hiring about 120 a year, and with a new fresh list of people that really want to come onboard -- right now, keep in mind, we're just working the last candidates of a 1,500-and-so list. So a lot of people have been waiting for a while. But I do believe that in the new list with all fresh faces and a lot people that put themselves through the academy that have the same opportunity as anybody else to apply, we will reach the goal of hiring a hundred by September; that I believe that we can do. Commissioner Sarnoff So that this Commission will be at 1,259 officers, then with a decision to make. Chief Orosa: Correct. City of Miami Page 120 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff Because on the horizon -- and they'll actually lose, by the end of '15, another 20, but that's neither here nor there. But then they'll be facing the shortage of 200 police officers looming on them within about 18 to 20 months. Mr. Alfonso: Right. Over two years, yes. Chief Orosa: Yes. Commissioner Sarnoff Okay. Hope you guys are listening. Mr. Alfonso: So if we keep hiring about a hundred, a hundred and ten a year, we can get to meet the group that is leaving. It would be tough to add another hundred on top of that. Commissioner Sarnoff I'm sure, Mr. Alfonso, that you can come up with a host of reasons why it would be tough, unfair, and not correct. Chair Gort: I'm sure he will. Commissioner Sarnoff And I could come up with, you know, one really good reason why you would want to increase your net new officers by another hundred, but that's a discussion for September, October. Thank you, Chief. Chair Gort: Thank you. Commissioner Sarnoff We're going to miss you. Chief Orosa: Just one thing. I really -- seeing that this is my last moment here after 34 and a half years, I really would like to thank the Mayor, the Manager, and Commissioner Sarnoff, Commissioner Hardemon, Commissioner Gort, Commissioner Carollo, Commissioner Suarez, and Commissioner Michelle Spence [sic], who's not here. You have really treated me fairly, even though sometimes we have our back -and forth -discussions, and after that, I appreciate each one of you. I will not be leaving anywhere out of here, so you all got my numbers. If you all need anything -- support, help, you know, ideas -- please call me; I'll be more than happy to come by and continue being your friend. Again, I appreciate Mr. Mayor, Manager, and everyone up here that has been very fair to me, including the media. By the way, the media has been very fair to me. They attacked me when they had to and they praised me when they wanted to, so I thank you all. Chair Gort: Thank you. Applause. Chief Orosa: One last thing. Commissioner Carollo, I haven't forgotten you. You asked me, Chief when you leave, what is the future plan? "I'm writing up a little booklet of the blueprint for the future and it's almost done. When I finish it next week, I will provide it to the Manager with enough copies for everybody, and it's up to the Commission and the new Chief to decide whether they like the plan and would like to follow it. It's a plan of staffing, a plan for the future. And, you know, I -- no hurt feelings if you decide to say, Ah, this is crap; let's throw it away and let's do something else. "I love you all. Have a great career and great future. Thank you. Applause. Mr. Alfonso: Thank you, Chief. I just wanted to let everybody know that we are planning something a little special for the Chief. At the next Commission meeting, he'll be a civilian, but City of Miami Page 121 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 DI.2 14-01262 Department of Finance nonetheless, we'll -- we're having something special for him. So he's not leaving, he says, so we'll send the sergeant at arms to get him if we have to. Chair Gort: Thank you. DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 3RD QUARTER ENDING JUNE 30, 2014. 14-01262 Summary Form.pdf 14-01262 Memo - Non -Reimbursable Expenses.pdf 14-01262 Back -Up from Law Dept.pdf DISCUSSED Chair Gort: DI.2. Jose Fernandez (Director): Commissioners, good afternoon. Jose Fernandez, Department of Finance. To comply with the financial integrity principles, the Finance Department is required, on a quarterly basis, whenever there's a grant expenditure that's non -reimbursable, to report that to the Commission. For the quarter ended June 30, 2014, there was an expenditure of $1, 873.34 that was non -reimbursable. It was an eligible expense. However, due to some issues with the invoice and the timing of the payment, it was submitted for reimbursement after the obligation period As such, the granting agency denied reimbursement to the City. We're working with the department. We've taken measures to ensure that something similar like this does not recur in the future. Chair Gort: Okay. Any questions? Commissioner Carollo: Mr. Chairman, just a comment. Chair Gort: Yes. Commissioner Carollo: Thank you, Mr. Fernandez. And obviously, I'm not happy about this. We went for quite a while without a finding. And when I first was elected, the findings were outrageous, and I challenged the Administration in order to stop any type of actions that would cause these types of disbursements, because this has to be from the general fund, correct? It has to be -- Mr. Fernandez: Yes. Commissioner Carollo: -- paid back from the general fund. So, again, I just want to say that I'm disappointed. But at the same time, I'm looking towards the future. So I give you that same challenge. Mr. Fernandez: Okay. Commissioner Carollo: We shouldn't have these anymore. Andl know it's not just your department. I know it has to deal with Community Development, also, and other departments, but at the same time, I want to make sure that, you know, we're all vigilant so this doesn't occur again. Mr. Fernandez: Yes, sir Commissioner Carollo: Thank you. City of Miami Page 122 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 DI.3 14-01316 City Commission Mr. Fernandez: Thank you. DISCUSSION ITEM DISCUSSION REGARDING THE AUDITOR GENERAL'S SALARY. 14-01316 Back -Up - 12.11.14 Discussion Item.pdf 14-01316 Back -Up - R-12-01252 & Minutes.pdf DISCUSSED Chair Gort: Anything else? Commissioner Sarnoff Yeah, Mr. Chair, we had had a discussion on -- Commissioner Suarez: Guba. Commissioner Sarnoff -- Guba that we've never heard. Chair Gort: Okay. Commissioner Sarnoff And I don't know if it's the will of this Commission, but I'm no longer the propounder [sic] of it. We said we would bring to the Commission, you know, Mr. Guba's compensation. Just to bring everybody a reminder, he was hired in May 7, 2012. We said we would revisit his salary in 2013. Obviously, we were still in financial condition that wasn't probably prudent so he didn't bring it up. And I think most of us would agree, he's done an -- a very good job, although that's my take on it; maybe not everyone else's. He currently makes $145, 000 in comparison to other folks, the City of Fort Lauderdale auditor makes 184, 000; the auditor for Miami -Dade County, 176,000; the auditor for Broward, 206, 000; auditor for Miami -Dade -- so the County, in general, not just the City Commission -- 223,000; Inspector General in Miami -Dade, 230, 000; the auditor/director, FIU (Florida International University), $167,000. So he is extremely not in line with his colleagues, if you will, and I just thought it was worth the discussion to see if we could bring him up to a better level than where he is. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. I actually -- I reviewed and I heard the discussion in the last meeting, and one thing I gather is that I negotiated a pretty good deal when we first negotiated his contract, and I was actually the person that negotiated that contract, and I thought it was reasonable. And if you compare it to the last Auditor General, it was -- you know, it was significantly less, and again, I think it was something reasonable that, you know, we came to agreement with and this Commission supported. Let me tell you where I am right now. First of all, from what I heard in the last Commission meeting -- and I know you suggested Commissioner Sarnoff, that his salary be 175. That's more than a 20 percent raise, and I have difficulties with that right away when we have three of our unions that have taken cuts for various years and we do not have contracts with. So I started off very, very, very uneasy with that. Number two, if we do it this way, we're setting precedence that others have not had the ability to enjoy. Because I remember when I first got elected, I was tasked with negotiating -- renegotiating Priscilla Thompson's contract where there was numerous cuts. And I remember Commissioner Suarez tasked with negotiating Julie Bru's contract, which, once again, there was significant cuts. We had negotiated with Vicky Mendez. We negotiated with Todd Hannon. And I think that if there is any adjustments, it should be renegotiated once again. One thing that I have to point out -- so I don't think it should just be, "Hey, we should give him this." I think it should City of Miami Page 123 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 be negotiated once again. And one thing that I have to point out, I still have not heard from our Auditor General with regardance [sic] to, okay, what is he asking for? I asked him point blank, and he said, "Well, whatever Commission thinks." I mean, in all fairness, start -- you know, you started off saying -- `And Mr. Auditor, you're welcomed to speak if you would like." He never spoke, so I don't know what he's asking for. So when we, right off the bag [sic], throw out a number for 175, which is more than 20 percent raise and we don't have contracts with three of our four unions, I have a serious problem with that. And I'll be -- and so you see that I'm totally transparent, Commissioner Sarnoff And although I do not believe this, there are rumors out there that the reason why this is being brought up was because one Commissioner was able to sic the Auditor General on a certain agency and had, you know, possible things with tickets and stuff like that. So I can tell you, I have not said that. However, there are rumors and people that have come to me saying, hey, this and that. And you know what? I put everything upfront. I just want everything in the up and up. And what I ask is that, realistically, if -- first of all, I want to hear from our Auditor General, see what -- does he want a raise and what's that amount that he wants. And second, I think that it should be renegotiated, like we've done with all of our, what, constitutional positions? I don't know if that's the right words -- with all of our constitutional positions. So that's what I think. I would like to hear from him. Theodore Guba: Ted Guba, Auditor General. When we had the discussion, I gave out information and -- which was reiterated by Commissioner Sarnoff, and I thought that because it was coming to the Commission, it should be decided by the Commission, based on what was out there and based on my performance. I also gave you the -- what I've accomplished since I've been here in the two and a half years. The department has not cost the City anything. We've brought in actual cash with 2.7 million and our department has cost the City 2.4 million. In all my internal audit -- years of internal audit, I've never seen anything like that happen. And you know, I understand some of the reasons; there's been a lot of turnover in the City. But that is very unusual, and I think I can bring in more money. But as far as the amount of money, I think that -- I thought that should be decided by the five of you, based on what the market is, based on my performance. You know, I brought in -- I'm fully staffed with a number of CPAs (Certified Public Accountants), and I think the department has worked hard and that we have been very effective in doing our duties, you know; not only bringing in the money, but recommending in other areas where, potentially, we could bring in millions more and that's -- that will be brought forward. Commissioner Sarnoff Mr. Guba, in any way, shape or form, did you come see me because I asked you to do an audit of an agency? Mr. Guba: No. I originally came to Commissioner Carollo because I negotiated the contract with Commissioner Carollo, and it was to -- I -- actually, I came to him after one year and we had a talk, and because the City was in financial emergency, we agreed it wasn't the time to come forward, so I waited until we reached the financial integrity principle of having $100 million in reserves. I thought that was the appropriate time. And so he said to me to go to the other Commissioners. Commissioner Carollo: Right, and I don't disagree with that, and that's what I'm saying. But what are you asking for? What -- I mean, we've -- Mr. Guba: IfI -- Commissioner Carollo: Because I asked a question -- Mr. Guba: -- was going to negotiate with you, that would have been the time to do it, but I was -- I -- you did not want to. Commissioner Carollo: I'm sorry? City of Miami Page 124 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Mr. Guba: You did not want to meet, negotiate -- Commissioner Carollo: No. Mr. Guba: -- at that point in time. Commissioner Carollo: But -- Mr. Guba: So I said, "171 go to the other" -- "I'll -- do you mind?" -- I asked, "Do you mind ifI go to the other Commissioners on the issue?" Commissioner Carollo: Okay, there's two different things going on. And l tell you, I never have a problem with you going to any of the Commissioners, but that's besides the point. I think Commissioner Sarnoff is asking you a different question, not necessarily with regards to the negotiations or your contract or so forth. But that aside, I still don't know what you're asking for, I mean, other than let's discuss our contract. Do you want to negotiate with someone or -- because I feel uncomfortable with the number that Commissioner Sarnoff threw off of 175 in the last Commission meeting, and I've already stipulated why. Mr. Guba: But I -- just to address -- I did -- after I spoke with you, I made appointments with the other Commissioners. He happened to be the second one -- Commissioner Carollo: Sure. Commissioner Suarez: Can I -- Mr. Guba: -- that I went to and he said that he would -- Commissioner Carollo: Right. Mr. Guba: -- put it on the agenda. That's just the way the meetings went. Commissioner Suarez: Can I -- may I, Mr. -- Chair Gort: Yes. Commissioner Suarez: Okay. First of all, I agree with Commissioner Carollo on the process problem that we have here, which is that I think we're putting a little bit of the cart before the horse if we negotiate, in essence, last with our employees and first with the upper echelon members of our government. So I agree that we should first get our deals done with our employees and then we can negotiate. So I think from a process perspective, I agree with the Commissioner. On the money, I'm also having a hard time, for all the reasons that he mentioned. You know, I did negotiate Julie Bru's -- Madam Bru's compensation; also the current City Attorney; also Todd's at a substantial reduction, and I think that there was an -- certainly -- I'm pretty sure there was an explicit understanding, because there was an explicit understanding when the head of my chief of staff, "Hey, don't count on raises." That was my explicit statement to my chief of staff because I knew that I didn't -- I couldn't predict that our budgets were ever going to go up, and therefore -- and they hadn't gone up in the four years that I've been here, and so I did not feel comfortable hiring somebody under the pretense that they were going to make more money in the future, so that was a very clear statement that I made to them at the time. So I can't imagine that you took the job thinking that, in a certain number of years, you were going to get a 20 or 25 percent raise. I doubt that you felt that way. But there is another good point that the Commissioner made. Maybe it is a time -- maybe it is the right time to address all our constitutional officers and see if their compensation is adequate or if there's a time for a City of Miami Page 125 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 renegotiation of all our constitutional officers, not just one, but I still think it should be after we enter into agreements with our employees. I just think -- from a sending -the -right -message perspective, I think that's the right thing to do. I think we need to take care of them first. I think that's the right message to send, and then I think we can take care of you know, the higher ups, and then -- you know, and then we can decide how we want to negotiate that. But that's my thinking on it. Chair Gort: Okay. Commissioner Carollo: And Mr. Guba, that's why, when you came to me with that -- I mean, I suggested that, yeah, you visit -- when you mentioned about visiting other Commissioners, I said, I will never even remotely say don't go see another Commissioner. Yeah, go see them. And I encouraged you. As a matter of fact, I encouraged you not even this year; I encouraged you even in '13. I said, listen -- I said, "Yeah, I guess your contract's always up for negotiation. We could always, you know, renegotiate or discuss it, " I think is what I said. But I encouraged you, "Hey, come speak to the Commission. Come to the body, not necessarily myself. Come to the body and ask them what you want. You want to renegotiate your contract. What do you want?" And that's why I encourage -- I didn't want to negotiate it with you because, honestly, I didn't think it was the right timing, just like I don't think it's the right timing now, and that's why I encouraged you come to the Commission, you know. Mr. Guba: I agreed with you the first time; it wasn't the right time. Commissioner Suarez: Okay. Commissioner Carollo: Right. Mr. Guba: But I thought times were different. Commissioner Suarez: Okay. Commissioner Carollo: Understood. Commissioner Suarez: Mr. Chair, May I? Chair Gort: Yes, sir. Commissioner Suarez: Look, we have -- the president of our general employees, okay, is a 15-year employee of the City of Miami. He makes $51,000; plays a 15-year employee of the City of Miami. Whether we give them what they want or we give them what the Administration wants, he stands to get maybe a few percentage points raise of -- I don't know what the final number's going to be because we're in negotiation, obviously, and I don't want to speculate as to that number or throw out any numbers. But it's going to be a -- significantly less of an increase than what is being thrown out there for the Auditor General, okay? That person is married, and he has a wife, and he has a kid and he has to provide for his family with -- she's in nursing school. She's studying to be a nurse, okay. He has to provide for his family with $51,000 and for his child. He's my age, 38 years old; I'm 37. So I know for a fact that if we do this, he's the first person that's going to call me and he's going to say, "I'm really disappointed, because, you know, aside from the decision, what message does it send?" You know what I mean? "That I'm a 15-year employee. I make barely enough to provide for my own family and we're giving someone this kind of a raise." Something to think about, guys. Commissioner Sarnoff Yeah. Let me just say, I don't quite see it the way you guys do. Mr. Guba's an auditor. He's a CPA. I think he's a professional. I don't know -- I think what you do is you look at the school in which he's in and see if he's compensated commensurate with the City of Miami Page 126 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 school in which he's in. Is he at a current level that is, you know, based on other City folks, or County folks or municipal folks that are in that range? How long has he remained at that level? Madam Attorneys compensation was fixed, I would say, about a year ago, maybe two years ago, so it's -- you know, she was at a recovery period. He was at the depths of the problems for the City of Miami. It's the will of this Commission. I just wanted to bring it up. And I can assure you, Commissioner Carollo, this has zero to do -- I mean, subzero to do with any allegation by anyone that may be disgruntled because they got caught doing something, you know, and that's got nothing to do with this. As a matter of fact, I usually don't get involved with this kind of stuff, but I figured, you know what? He's been here since '12, he's a professional, he -- apparently, based on the range that he provided, he is not compensated to the tune of anyone, not even the FIU (Florida International University) auditor, makes as little as he makes. Instead of risking losing him or instead of some feeling of not being appreciated, I thought it would be in the prudence and wisdom to bring it up. It's not the will of this Commission, it's simply not the will of this Commission. Commissioner Suarez: And I'll say that, I don't mind the discussion for all our constitutional officers. I think that's the right way to do it, and I think it's the better practices after we've -- you know, have contracts with our employees, but we can put those compensations in perspective with our own employees. Commissioner Carollo: And at the very least, it should be negotiated. It shouldn't just be -- you -- because we're setting a different precedence, where every one of our constitutional officers has had to deal with at least one Commissioner in order to negotiate, you know, and it's not just salaries; all the different terms of the contract. So that's where I'm at. Mr. Guba, you knew this from my office. I mean, I made everything clear. I mentioned the other unions. I mentioned, "Yes, I understand our reserves are there and so forth, but we still have three unions that we still do not have contracts with." So I didn't know the amount that you were looking for. It was never told. I did listen to the last Commission meeting and I heard the amount of 175 and I said, "whoa, " and -- you know, I did simple math and saw that it's over 20 percent raise. And you know, there's issues with that, and I don't mind if you want to negotiate with one -- you know, renegotiate with one of these Commissioners up here, but again, I just -- I stated my concerns in private. I state my concerns in public. And by the way -- and I think my colleagues can attest to this -- I usually like to bring things to the Commission. That's why I encouraged you, bring it to the Commission. I like to bring it up in the public open, but I'm not saying anything that I didn't say to you privately, you know. Chair Gort: Okay, thank you. Do I have a motion to adjourn this meeting? Then we have to go upstairs. Commissioner Carollo: So moved. Chair Gort: Wait a minute. How do you want to do it? Victoria Mendez (City Attorney): Just quickly, Todd, would we adjourn this one, go up to that meeting, and then leave from there, or not adjourn and go up? Mr. Hannon: No. This is an executive session -- Ms. Mendez: Recess. Mr. Hannon: -- so this is completely outside of the Commission meeting. The Commission can adjourn and you may proceed upstairs. Ms. Mendez: Okay, thank you. City of Miami Page 127 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Motion to adjourn. Commissioner Carollo: So moved. Chair Gort: Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: Okay, let me ask a question. We have people here that we have a time certain 5 o'clock, the bicycles. We have people been sitting here for a while on the zoning matters. I would like to go ahead and take PZ.4, if you guys don't mind? PZ.4. Victoria Mendez (City Attorney): Chairman, I need to read the PZ (Planning & Zoning) -- Chair Gort: Yes. Commissioner Suarez: PZ.1 and 2? Ms. Mendez: PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance [sic]. We'll now begin the Planning & Zoning portion of the meeting. Before any PZ items are heard, all those wishing to speak will be sworn in by the City Clerk. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute 286.011 and Section 7.1.45 of Miami 21 Zoning Code. Staff will briefly present each item to be heard. The appellant or petitioner will then present their application or request to the City Commission. If the applicant agrees with staff recommendation and no one from the audience wishes to speak for or against the item, they may also waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8, "Disclosure Requirement." Any documents offered to the City Commissioners that has not been provided seven days before the meeting today as a part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. PZ.1 ORDINANCE First Reading 11-011961u1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF REAL PROPERTY City of Miami Page 128 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 LOCATED AT APPROXIMATELY 220 NORTHEAST 43RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, ATTACHED AND INCORPORATED, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION & UTILITIES" AND "SINGLE-FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-011961u1 FR Fact Sheet.pdf 11-011961u1 Analysis, Maps and PZAB Reso.pdf 11-011961u1 Application and Supporting Docs.pdf 11-011961u1-Submittal-Javier Fernandez -Letters of Support.pdf 11-011961u1-Submittal-Javier Fernandez -Presentation Miami Design District Retail Street SAP Am 11-011961u1 Legislation (v2).pdf 11-011961u1 Exhibit.pdf LOCATION: Approximately 220 NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier E. Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC and Miami Design District Associates, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID's 11-01196ap2. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on December 17, 2014, by a vote of 11-0. PURPOSE: This will change the land use designation for the above property from "Major Institutional, Public Facilities, Transportation and Utilities" and "Single Family Residential" to "Medium Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: Yes, sir. Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. I'll briefly introduce the two Planning & Zoning items you have before you today. They are PZ 1 and PZ 2, and they are both before you on first reading. They are, correspondingly, the land use amendment and the SAP (Special Area Plan) amendment proposals at a property or a series of properties with an address approximately of 220 Northeast 43rd Street. The proposal is to change the land use designation from what it presently is. It has two land use designations: major institutional, public facilities. Transportation and utilities is the predominant portion of the site and single-family residential to the north. Those land use designations are proposed to be changed to medium density restricted commercial throughout the block. I should have said at the beginning that the block is basically comprised by the land border by Northeast 2nd Avenue to the west; the railroad tracks to the east; to the north, you have 43rd Street; and to the south, you have 42nd Street. So I have described the land use change proposal. And in terms of zoning, the zoning, if approved, will change from CI (Civic Institutional), which is the predominant portion of the block, and T3-O to the north, to T4-L to the north, and T5-O to the City of Miami Page 129 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 south. This is, in essence, an extension northward of the Design District special area plan, so this block will now be included if this passes in the Design District special area plan, and it will be bound by all the regulations inherent in the Design District plan. I will highlight two aspects of the proposal and then I'll yield to the applicant for their fuller presentation, but these two items, I think, are of the essence. They are that to the north, in an effort to buffer and front in a more contextual way, they will have an open area and landscape and plaza improvement, which will be then fronting the single-family residential properties to the north, and all of the access to the block will be from the south, which is the area that is abutting the Design District; already a mixed -use and mostly commercial area. Last but not least, I think the applicant should be commended for what I would consider has been one of the most proactive efforts I've seen in reaching out to the area stakeholders. They've worked, I think, closely with the Brentwood neighborhood immediately to the north, with Buena Vista East, as well as with the Design District stakeholders. We are recommending approval of both items and so did the Planning, Zoning & Appeals Board unanimously in their hearing of December 17. With that, I'll yield to the applicant. Chair Gort: Okay, we'll now open the public hearing, and it'll be for both item, PZ 1 and PZ.2. Yes, sir, you're recognized. Javier Fernandez: Mr. Chairman, thank you for taking this out of order. For the record, Javier Fernandez, law offices at 150 West Flagler, 22nd Floor, here on behalf of 4201 Northeast 2nd Avenue, LLC (Limited Liability Company), and Miami Design District Associates,; joined by co -counsel, Stephen Wernick, along with our team. In the interest of time, we're happy to field questions from the board or do a full presentation, depending on your preference. We do have members from the abutting neighborhood associations here present who'd like to speak in favor of the application, if you'd like to take them ahead of our comments. Chair Gort: Let's hear from the community. Carlos Carrillo: Good afternoon. My name is Carlos Carrillo. I live at 200 Northeast 44th Street. I live in the Brentwood neighborhood. We are directly north of where this project is. It's a great project. Neighborhood needs parking. And the great thing about this, it's going to supply parking for our neighborhood; more importantly, for the people that come into our area. So allowing them these changes, allowing them to move forward with the project as soon as possible, hopefully, would be certainly what we in the Brentwood neighborhood desire. More importantly, you guys are used to us coming up here and complaining not liking what is before us, and a lot of times that's because the developers don't come and speak to us. This developer did it the right way. He came; he spoke to the residents of the neighborhood. More importantly, he spoke to those folks that were directly across the street from his project, showed them what was going on, received their comments, and more importantly, changed what was going on in order to accommodate them. So I hope that you all approve this and allow this project to go forward. Thank you very much. Chair Gort: Thank you. Next. Schiller Jerome: Good afternoon. Schiller Jerome, 24 Northeast 47th Street. I'm here on behalf of Buena Vista East Historic Neighborhood Association. We're here in support of the project. And to -- just to reaffirm what Carlos said earlier, I've dealt a lot of developers, a lot of attorneys, a lot of changes in our community. This the first time which I really felt like compromise and communication was key on both sides. I mean, we gave some and we took some, and they gave and they took some. And I think they understood our issues. They understood our -- what we were -- our take and our position. So again, I say that because, like Carlos said earlier, we come in here -- I've come here before in the past years, argued against certain projects, lobbied against and for certain projects, and I'm quite sure, before the year is over, you'll see me again in regards to other projects, being that our neighborhood is one of the City of Miami Page 130 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 most, you know -- (UNINTELLIGIBLE) one of those progressive neighborhoods that are in the City of Miami. But again, I say this: Compromise can happen between neighborhoods and development, as long as both sides are willing to give and take, and because of that, we fully support this project. Chair Gort: Thank you. Anyone else? Unidentified Speaker: That's it. Chair Gort: Okay, close the public hearing. Vice Chair Hardemon: And Mr. Chairman, all I ask in this situation -- because I do not want you to make a full presentation, whatsoever, today. You may need to do something in the future; we do not know. But there are some of us who are not privy to the plans that you've shown, so if you can go through, maybe within five minutes, and just describe what this plan is and you can show pictures, please. Could you do that? Mr. Fernandez: Very quickly. And I'm happy to do that, Mr. Chair and Commissioner Hardemon. I'll hand out, just for the record, copy of two letters of support from both associations; and ifI can get your help, I'll hand out a slide deck for -- that could quickly summarize the proposal. What we have before you, as the Planning Director, mentioned, are two applicat -- or two major components to the application, a land use and zoning change, that affect one block within -- on the border of the existing Miami Design District special area plan. If you go to the first slide here, it's the overview, that's the general context of the neighborhood. We sit on the northern border of the neighborhood, right at the transition between the residential district and the commercial district within the Design District. On the next page you'll see the subject site highlighted in blue. That is the parcel that's joining the SAP presently; again, between 43rd Street on the north, 42nd Street on the south, North Miami -- Northeast 2ndAvenue on the west, and the railroad tracks on the east. It's been nominated for the plan and the regulating plan limitations that will govern future development of Block 5 east within the SAP. And you'll see here, very quickly, a map of the current land use and the proposed modifications, so we are taking the land use from a split designation of duplex residential and major public facility to medium density restricted commercial. That allows a development up to 65 units per acre. Next is a quick slide deck with the proposed zoning. We will be joining the SAP and be part of that existing development order. We were very careful here in our project in conversations with the neighborhood; learned three very important things. As you've heard from Mr. Carrillo, we need to be self-sufficient. We need to provide all of the requisite open space, civic space and parking on our site. The neighborhood has experienced significant commercial intrusion because of these parking waivers and other reductions in parking that had been sought by other projects. So we are providing the full complement of parked onsite, either in an underground garage or in a structured garage. And we've used the civic space as a way to kind of mark the transition between our project and the neighborhood, so it will serve as a passive recreational amenity for the neighborhood, continuing the linear park that's being created as part of Dacra's efforts in the prior approval of this development order. Secondly, we heard that we could not set any adverse precedent, and so you'll see that in our treatment of the zoning, we're trying to reinforce the zoning denomination to the west of T4-O and, in fact, adopted a denomination on the north of T4-L so that we would not create any residual development pressure along the corridor. That's something we heard many times from the neighbors and have sought to reinforce that here through our application, and we're trying to locate all of the height and density to the south and eastern portions of our site. Lastly, you'll see here the development program. And net ad from the program will be about 350,000 square feet that will take the total development from the existing order from about 2.6 million to over just over 3 million square feet. We are adding a significant amount of civic and open space and, again, providing all of that onsite. Here is a -- kind of a quick snapshot; give you a better sense of how the site is being denominated for zoning, and this is also being reflected in a tentative plat that we have submitted City of Miami Page 131 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 and been approved, so our -- once our zoning is finalized, it will be reflected in the new subdivision plan, as well. One other key component was that the neighborhoods are very -- neighbors are very concerned about height and making sure that there was a building envelope that was respectable -- respectful -- excuse me -- of the abutting single-family neighborhoods, so we sought to provide transition within the footprint of our two acres. And as you'll see here on this slide very briefly, we have various portions of the site that have heights that are below the typical Miami 21 standards. So along 2nd Avenue, particularly at the corner of Northeast 2nd Avenue and 43rd Street, we have a maximum height of 25 feet and that's, again, in an effort to kind of provide transition. And with that, just some quick renderings of what we hope will be the kind of concept we'll develop at this location. This is a quick image of a potential -- the potential recreational amenity that we'll create, and this kind of speaks to the volume of the structure at the corner of Northeast 2nd and 43rd, looking east. And with that, we'll close. And if you have any questions, I'm happy to answer them at this time. Chair Gort: Thank you, sir. Let me ask a question. Is -- parking is going to be open for the public? Mr. Fernandez: Yes. We'll have parking to service our project, and we anticipate having some surplus parking that could be available for the neighborhood and abutting uses. Chair Gort: Thank you. Vice Chair Hardemon: And Mr. Chairman, if there are no further discussion from -- is there -- if there is no further discussion from the members of the board, I would move this item. Commissioner Sarnoff Second. Chair Gort: Okay, it's been moved -- Commissioner Sarnoff Second. Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. PZ.2 ORDINANCE 11-01196ap2 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN (SAP)," ADDING ADDITIONAL PROPERTIES LOCATED AT APPROXIMATELY 220 NORTHEAST43RD STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, City of Miami Page 132 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 PROPOSING: A) ADDING APPROXIMATELY 80,976 SQUARE FEET (1.86 ACRES) OF LOT AREA SPLIT AMONG TWO (2) ADDITIONAL PARCELS FOR A TOTAL COMBINED LOT AREA OF 995,668 SQUARE FEET (22.92 ACRES); B) INCREASING THE COMMERCIAL SPACE BY APPROXIMATELY 70,000 SQUARE FEET FOR A TOTAL OF 1,444,689 SQUARE FEET; C) INCREASING THE RESIDENTIAL UNITS BY APPROXIMATELY 82 UNITS FOR ATOTAL OF 643 UNITS; D) INCREASING THE PARKING SPACES BY APPROXIMATELY 304 SPACES ABOVE GROUND AND BELOW GRADE FOR ATOTAL OF 4,056 SPACES; E) INCREASING THE CIVIC SPACE BY APPROXIMATELY 4,049 SQUARE FEET FORA TOTAL OF 45,784 SQUARE FEET; F) INCREASING THE OPEN SPACE BY APPROXIMATELY 5,264 SQUARE FEET FORA TOTAL OF 46,830 SQUARE FEET; AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE ABOVE REFERENCED PROPERTIES FROM "T3-L" SUB -URBAN TRANSECT ZONE LIMITED AND "Cl" CIVIC INSTITUTIONAL ZONE TO "T4-L" GENERAL URBAN TRANSECT ZONE LIMITED AND "T5-O" URBAN CENTER TRANSECT ZONE OPEN; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE UP TO TEN PERCENT (10%) PURSUANT TO ARTICLE 7.1.2.5.A.28 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING ASEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-01196ap2 FR Fact Sheet.pdf 11-01196ap2 Analysis, Maps and PZAB Reso.pdf 11-01196ap2 Application and Supporting Docs.pdf 11-01196ap2-Submittal-Javier Fernandez -Letters of Support.pdf 11-01196ap2-Submittal-Javier Fernandez -Presentation Miami Design District Retail Street SAP An 11-01196ap2 Legislation (v2).pdf 11-01196ap2 Exhibit.pdf LOCATION: Approximately 220 NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier E. Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC and Miami Design District Associates, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID's 11-011961u1. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with conditions, on December 17, 2014, by a vote of 11-0. PURPOSE: This will add additional properties and allow the rezoning of certain parcels for the development of approximately 1.86 acres for the "Miami Design District Retail Street Special Area Plan (SAP)" Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 133 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: PZ.2. Vice Chair Hardemon: I move that item also. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. Any further discussion? Being none, it's an ordinance. Victoria Mendez (City Attorney): Just to clarify the -- for the record, all public comment for both items was done. Chair Gort: Right. Ms. Mendez: Thank you. Chair Gort: Stated at the beginning. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you. Ms. Mendez: And Chairman. Chair Gort: Yes. Ms. Mendez: I just wanted to point out that there's a development agreement that's associated with the land use and the SAP (Special Area Plan), and that will be coming by -- in the next few readings and then they'll all come back together for a second reading of all of them. Thank you. Chair Gort: Thank you. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT City of Miami Page 134 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 14-01314 DISCUSSION REGARDING CITIBIKE BIKE RACK PLACEMENT. 14-01314 E-Mail - Discussion Item.pdf 14-01314-Submittal-Commissioner Sarnoff-CitiBike Bike Rack Presentation.pdf 14-01314-Submittal-Pablo Perez-Cisneros-CitiBike Rental Stations at Brickell Bay Drive.pdf DISCUSSED A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, directing the City Manager to remove and reposition the bike racks located at 801, 1408 and 1440 Brickell Bay Drive, and 25th Road and Brickell Avenue, to areas that will cause no loss of residential parking. Chair Gort: At this time we have a time certain, Citibikes racks, and we apologize for five minutes late, but that's a number one; first time we very close. Okay. Commissioner Sarnoff You ready, Mr. Chair? Chair Gort: Yes, sir. Commissioner Sarnoff So -- thank you, Mr. Chair. As we all know, we all support and want Deco Bike and their Citibike bicycles, but when they started going in in the City of Miami, we asked the Administration to do one simple thing: Simply contact the adjacent property owners and, in writing, actually ask them for their consent and approval. That fell on deaf ears. And then they started to put a bike rack, if you will, at the Coconut Grove Elementary School. And once again, we said, "Did you get" -- "try to get some sort of a, you know, conversation going with the adjacent property owners?" And the answer was "No, Commissioner." And then all of a sudden, you hear from the school, and the school wanted it out like that day, and the City, to its credit, took it out that day. Then we started hearing about bike racks going around -- I'm going to use the word "Brickell Avenue, " and I'm going to go a little closer to what is euphemistically -- or what is really called "Bayshore Drive," and instead of describing them, I'm going to show you right away. So this is the one that we've had a lot of complaints about, 1440 Brickell Bay Drive, and there are some folks here to speak about it. The next one I'd like to show you, Mr. Chair, is 1408 Brickell Drive. I think there are some folks here to complain about that, as well. And the final one on Brickell Bay Drive is this one particularly here. And on this one right here, as you can see, this would go into a right -turn lane. Recently, Miami -Dade County approved of allowing a dedicated right -turn lane to go to -- I believe it would be Brickell Key, Four -- it's right by the Four Ambassadors. So the City of Miami simply put it there and didn't necessarily consult with the County, who had approved of a dedicated right -turn lane. I could show you some other slides, if you wouldn't mind. So, for instance, 25th Road and Brickell Avenue, I'm not aware of any complaints there. There may be. Unidentified Speaker: I'm here. Commissioner Sarnoff You are there. There you go. So we got a complainant there. And then I City of Miami Page 135 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 think we're done. We're to Brickell, is that right? Oh, 13 -- go to right here. So this is a place that actually has, I think, done pretty well, and there are no complaints that I'm aware of out in front of the Conrad Hotel. So -- Commissioner Suarez: By the way, can I just interject real quick? Commissioner Sarnoff Sure. Commissioner Suarez: If you notice, that one, it doesn't take any parking spaces. That's the only one, out of all of them, that doesn't take any parking spaces. That may be why there's no complaints. Commissioner Sarnoff And I just -- you know, I once joked with Commissioner Suarez. I said, "One Commissioner can do nothing, but the Commission can do a whole lot." So, you know, to my dismay, I carbon copied the Mayor. I said, "Candidly, I don't think we should be putting bike placements without some consent and approval of the adjacent property owners. " And that's been my position, pretty much, all along. Now, I was accused of some things, some complicities. I'm not complicit with Citibike. I don't know Citibike, DecoBike, any kind of bike. I simply think there's enough room in this City to put bikes around where -- I can't believe we can't find places that there would be no objection. Now, I know that the Administration, to its credit, is going to have some data that's going to show that these bikes bring a certain amount of economic development and have high ridership. I just think it's a balancing act that we have to find, andl can't do it on my own. I can only do it with the Commission. I don't want to take up too much of your time, Mr. Chair, so I'm going to let -- if you don't mind, let the public speak on it. If you can just tell me the actual address, we'll try to put it up on the view screen, the one that you're complaining about, so that at least the Commission sees what you have to say. Unidentified Speaker: Okay. Chair Gort: Mr. Mayor, you're recognized. Mayor Tomas Regalado: No. I just -- I think that one of the issues that probably we all have missed here is the residential parking. In Brickell Bay Drive, people pay for residential parking, as they do in 25th Road in the Road. Rita Suarez: No, we don't pay. Mayor Regalado: You don't pay? Commissioner Suarez: They want to be (UNINTELLIGIBLE). Ms. Suarez: No. We have none. Mayor Regalado: Okay. But there is a provision for residential parking, because those buildings, they were built many years ago and they don't have the many parking spaces. So I -- you know, I agree with Commissioner Sarnoff. I think that there are other places, and they need this parking and so -- Chair Gort: Thank you. Yes, ma'am. Ms. Suarez: My name is Rita Suarez. I reside 145 Southeast 25th Road. Commissioner Sarnoff Do you know somebody up here? Ms. Suarez: I'm sorry? City of Miami Page 136 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff Do you know somebody up here? Ms. Suarez: No, no. Commissioner Sarnoff Okay. Ms. Suarez: Through the Mayor, first of all, good afternoon to all of you, and thank you for giving us the opportunity to come and address you on this issue. We have a big parking issue on 25th Road because we do not -- it's not even designated residential parking, and we have over 800 units just on that street from Brickell to the bay. We've been dealing with the issue that we were not grandfathered in for parking, so that makes it even worse, that we can't even go there now to ask to be designated parking where we would be willing to pay for the tickets, like they do on Brickell Bay Drive. Now, to make -- add insult to injury, we've had these bike racks placed there, taking up approximately three parking spaces. May not be a big deal to the general public, but it is a big deal to us. People that go to Key Biscayne park there. They drop off their vehicles. I've spoken to people who live at Skyline; they park there. They drive their second car to Skyline, so they use our area for their parking. I know that when I spoke to Commissioner Suarez, he said, `If you're going to come before the Commissioner, please bring a suggestion as to what we should do and where we could put the bike racks. " So I walked around my neighborhood. Across the street on 26th Road in Brickell Avenue, we have the Goodwill truck, we have the flower vendors, and there's ample space there to place five of those bike racks. I agree with the bike racks. I like them. I think they're great. I would probably use them. I think it's fun. I think it's going to be great for tourism. I think it's a good revenue for the City, but I think that, you know, we can't be -- residents cannot be penalized. On the other side of 26th Road and Brickell, on that -- on the side right next to that building, there's also a big open space that's now being cleared and being fixed -- I believe it's by the City -- well, you can also place bicycles there. The park, the park where Commissioner Sarnoff inaugurated on 18th and Brickell, I think that's a great place to place bicycle racks. That's my opinion, and I just respectfully wanted to give you the suggestions. Commissioner Sarnoff Andl agree with you -- Chair Gort: Thank you. Commissioner Sarnoff -- on that -- I happen to agree with you that 1814 might be a very suitable spot. Ms. Suarez: Thank you. Commissioner Suarez: It's kind of in the middle, too. Chair Gort: Next. Commissioner Suarez: It's kind of in the middle -- Chair Gort: (UNINTELLIGIBLE) next speaker. Commissioner Suarez: -- of Brickell so everybody can access it, too. Pablo Perez -Cisneros: Hi. My name is Pablo Perez -Cisneros. And I also -- I agree with Ms. Suarez in her respect, and there are alternatives to the thing here. I went with a group of people from my building and from building next to me, and we went around and canvassing on Saturday -- on Sunday the areas, and we look at the -- right next to the Brickell Bridge, there's a hotel there. The -- I guess it's called the (UNINTELLIGIBLE) Hotel. Right next to it is Brickell Park. City of Miami Page 137 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Great place. A lot of tourists goes there. The hotel is right there in the corner. I think it will be great for having bicycles there. On 4th Street itself, between Brickell and Brickell Bay Drive, there's a building in Brickell that belongs to this bank from Brazil. I forgot the name now. And you name the street for it also. And there's another building right on the corner, condominium, but the condominium has sufficient parking, so there's no problem with parking there. You can put three racks for bicycles over there. And again, on the UThape behind the six old condominiums, where we live on Brickell Bay Drive, between 14 and 15 Street, there is no parking at all in that street. It's a U'khape going in from Brickell all the way around from 14 Lane to 14 Street. And there's no -- you can use the whole median to put a bunch of racks there for bicycles. I'm sure the people that go to the hotel there, they can use those places. And of course, the other place that I suggested was the (UNINTELLIGIBLE) Park was sufficient place there. There are about 20 summer condominiums we counted, and I'm sure that some people from the condominium itself, the visitors would like to have bicycle ride. Why not renting in there? That will be great. But to take a street that it was mark the 13 years ago as residential parking only -- you know, look, we have problems over there (UNINTELLIGIBLE). We have sometimes on Saturdays and Sundays to go to Publix and park cars over there, and we have to go and pick them up and then we have to bring them back. I mean, we have enough problems as it is; don't use our streets for that, okay. Chair Gort: Thank you. Mr. Perez Cisneros: Thank you. Chair Gort: Yes, ma'am. Nelly Zamora: Good afternoon. Nelly Zamora, 1408 Brickell Bay Drive. And to tell you the truth, I don't give a hoot where you put the bikes; just take them out of our street. Just to give you some history of Brickell Bay Drive, which used to be known as "South Bayshore Drive," these are six condominiums, for a total of 787 units. We pay high taxes, property taxes, and we voluntarily agreed to tax ourselves in order to get residential parking. And you wonder why do we want residential parking. Very simple. It's not only because we have not enough parking in our buildings. It's because we were bombarded by criminals in our area. It's very easy to park on our street; it's free. During the day, the workers in Brickell Avenue would park on our street, and then in the evenings we get all the perverts who came -- we were robbed, we were attacked. Our women were being exposed to being -- perverts showing themselves to them. So we have no choice. We went to the Parking Authority. The only thing they had for us was parking meters, which we refused. This is a residential community. Parking meters do not belong in residential communities. The City of Miami Beach has residential parking, so we inquired, why not get residential parking? We were the first community to get it because we supported Miami Parking Authority in order to get the ordinance through. We collected 500 signatures from our residents in order to get residential parking, so it goes beyond comfort. These bikes are basically a commercial enterprise that does not belong in a residential community; it's as simple as that. So a mistake was made. Someone made a mistake in selecting the sites. It's an easily remedied mistake. Commissioner Sarnoff, we're asking you, as our Commissioner, to move a motion to direct the City Manager to immediately remove the Citibikes from Brickell Bay Drive, between 14th and 15th, and you might want to add the one on 1395. Chair Gort: Thank you. Ms. Zamora: I haven't finished. I'm asking the rest of you to support the ordinance. Chair Gort: We understand, and we know, and we all listening to you. Ms. Zamora: Okay. City of Miami Page 138 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Thank you. Ms. Zamora: Well, I appreciate it. Thank you. Applause. Chair Gort: No, no. Please, no, no. Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: No, I understand, but all those people are here -- we understand and -- go ahead. Kenneth Dubbin: Thank you. My name is Ken Dubbin. I live at 808 Brickell Bay Drive and -- Irene Marron: Irene Marron. I'm his neighbor and also in 808 Brickell Key Drive. Mr. Dubbin: So, Commissioner Sarnoff and Commissioners, I'm speaking about Southeast 8th Street and Brickell Bay Drive. I think there's some pictures they can show. My situation's slightly different. About a year ago, I contacted Commissioner Sarnoffs office about some safety concerns and congestion recommendations for that intersection which, if anybody knows it, is really, really a busy intersection. That was moved over to Ms. Joan -- Dr. Joan Shant of Miami -Dade County. She's the chief traffic engineer. They did studies, and I'm only going to talk about that particular intersection, because I had some other points that are not relevant for this discussion. In any event, one of the things I suggested is that we really needed a dedicated right -turn lane northbound on Brickell Bay Drive, and it's not just to feed the Brickell Key residents; it's also to feed those people who live in Four Ambassadors, whose parking is also there, and it was approved. I got the studies, and that was around September. I was very enthusiastic when I saw they were starting to move dirt. I said, "Oh, here it is." And then like two days later, they put this bike rack there, which is in a really bad position, and I don't know -- Adrian, is it possible -- oh, there we go. So if you look at the picture on the left, that was -- I took that out of my car. You see the fellow in the red Toyota or whatever, so he's blocking because he's coming of the driveway of Four Ambassadors, which is right there, and you can see the bike racks a little bit further up, and then there's a car. So my dedicated right -turn lane would be where that -- where those bike racks are currently. So I was looking for some altern -- I don't care one way or the other on the bike racks, except for location. Whether you keep them or you don't, well see how it works. But if you go just around the corner to the northeast where there's a pathway -- you may know there's a pathway that runs along the seawall up by the -- all the way up to the icon -- to the river. You familiar with that area? Yes, okay. So there is some -- and I'm assuming it's a coun -- or a City or County -owned right-of-way. There's some -- a grassy area there that's unused that you could put not only one, but you could probably put three bike racks right there, and it's about 100 to 150 yards just to the northeast of the current location. So we would respectfully ask that the City undertake to move that particular bike rack over to another location and allow us to get our dedicated right -turn lane, which we really, really need, particularly in the peak hours. Chair Gort: Thank you, sir. Mr. Dubbin: Okay. Ana Maria Remenyi: For the (UNINTELLIGIBLE), my name is Ana Maria Remenyi. I am the president ofBayshore Place Condominium, 1420 Brickell Bay Drive. I'm here to request please remove the bike rack. We need it. It's a residential area. We have to pay for park on the street. We don't need another aggravation. We have enough. Could you please remove the bike stations, please? City of Miami Page 139 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff. I'm not the City Manager (UNINTELLIGIBLE). Ms. Remenyi: Okay, but you're my Commissioner. I vote for you. Commissioner Sarnoff And I'm going to make the motion. Ms. Remenyi: I vote for you, and you're my Commissioner. Commissioner Suarez: I'm going to second it. Ms. Remenyi: (UNINTELLIGIBLE) care. Commissioner Sarnoff I'm going to make the motion, but let's -- I'm just letting everybody speak, but I'm not the Manager; I don't know have the power to do anything. Ms. Remenyi: Well, I do not -- you are my Commissioner. Commissioner Sarnoff I understand Ms. Remenyi: And I vote for you. Commissioner Sarnoff You'll see your Commissioner act. Ms. Remenyi: (UNINTELLIGIBLE). Commissioner Sarnoff Whether I get supporters or not, we'll see. Ms. Remenyi: I'm talking to you because I (UNINTELLIGIBLE). Chair Gort: Well, my understanding is, the motions are going to be made, and I think at least you have one real good supporter, and I'm sure you got other supporters so -- yes, ma'am. Ms. Remenyi: Okay, thank you. Chair Gort: Thank you. Yes, sir. Hank Sanchez -Resnik: Hi. I'm Hank Sanchez -Resnik. I am chairman of Bike Coconut Grove, and I want to thank other members of Bike Coconut Grove for being here. We strongly support the Citibike program. We recognize that a program like this, which really brings about some important changes in the City, is not going to go without a hitch; that there is going to be opposition, there will be concern, there will be removal of parking issues, and that's problematic and it has to be dealt with. But we want to encourage you to really get behind this program and make it a strong and successful program. I can tell you how you would make it a weak, failing program, and that would be to stick the Citibikes off in some corner where no one will see them. That would be really problematic. If people can't see them -- if they aren't where they're convenient for people passing by, pedestrians, users of public transit, then they're not going to be used and the program might very well be deemed a failure and you might have people coming back here telling you to take them out, not support the program. I was really excited when I heard that Citibike was coming to Miami, because there's only one other city that has Citibikes. I think it's amazing that they chose Miami. The other city is New York, which I think of as a very forward -looking, modern city, adapting to the times, and I hope that Miami is going to be that kind of city. So I would just say in closing that I encourage you to work out with all the neighbors the location and possible relocation of the sites, but please keep one -- a couple of things in mind. One is to make the stations as visible as possible, to make them as convenient as possible; to work with the County to put them on County rights -of -way. In Coconut Grove, there City of Miami Page 140 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 should be Citibikes on Main Highway and there are none. And finally, to put them in the public transit stations where they can be very conveniently used. Chair Gort: Thank you. That could be a great location. Yes, sir, you're recognized. Adam Schachner: Hi. My name is Adam Schachner. I'm a resident of Brickell, 2100 Brickell Avenue. You can probably tell what direction I'm going to speak in today. I'd like to thank the City for making a visible statement that our streets are shared spaces. As Mr. Resnik just said, I think it's important that these bike share programs stay in visible spaces, essentially because they show that we're developing away from a car -centric city for residents and towards accessibility. We have enough cars and spaces -- as was mentioned, one complaint was that people had trouble parking their second cars. I think that is the wrong message as far as the City growth is concern. We have enough cars and spaces; conserving more will never satisfy what is already a large population of communities of drivers, and there are alternatives that we're looking forward to here in the City. I've seen a lot of usage of these bike facilities already as a Brickell resident, and while I understand that there is opposition to the program by a vocal and organized group of citizenry, they do not represent all ofBrickell's inhabitants. I'm a happy, long-time Brickell inhabitant who loves seeing these bike racks here. I find them to be a social service for those of us that cannot afford to drive or choose not to drive, because we want to treat our city as a walkable, ridable, and environmentally friendly space. This is not a social issue; it's a sustainability one. And with all of the development that's coming to the area, I feel that parking shortages are inevitable, even if we have to give up a space or two to put these bike racks into place. This is a viable alternative. And I'm thrilled to have a healthy and sustainable option for travel and proud to have a municipality that has initiated this program. I will join -- I'm happy to see that we will join the other successful programs around the world and set a standard as the City, that it wants to support sustainability and healthy living. Thank you. Chair Gort: Thank you. Yes, sir. Alex Goone: Thanks for allowing me to speak and, Commissioner Sarnoff, for bringing this to the attention and Commissioners for hearing us out. My name's Alex Goone. I live at 1430 Brickell Bay Drive. I'm kind of a unique hybrid, in that I love biking. I moved down here from New York; again, a positive city with a lot of good experience with the Citibikes. I also am a young resident of Miami, and due to that, we were thrilled to move to Brickell Bay Drive, a beautiful place that has pristine water views. We picked exactly the building that was right on the capstone. And my chief concern -- I agree with everything that my neighbors and even the opponents have raised. The concern that I'd like to bring is the advertising on the side of it, because we truly did select our property for the views, and I have concerns about a program that was essentially brought in in the middle of night, the U-Haul truck pulled up at 1:30 in the morning. And when I went out and asked what they were doing, they actually wouldn't tell me until I finally saw the bike racks and said, "Oh, you're installing a bike rack." And he said, "Yes." The following morning 1 woke up -- and I live on a low floor, because that's what we can afford -- and literally, my entire picture window is now a sign that says "Less hills, more thrills -Citibank." And I think that that raises a lot of concerns. So thank you for having us. Chair Gort: Thank you. Yes, sir. Antonio Zamora: Antonio Zamora, 1408 Brickell Bay Drive. I'm going to raise a point that has not been raised and I think it's very, very important. On those bike racks that have been placed on Brickell Bay Drive, they're all on the streets. They're taking -- specifically taking the parking availability for the residents. There are many places, and you can go to the Conrad, the Hilton Conrad, which has a sidewalk of 20 feet. In our sidewalk, it's maybe three feet. So you have to put them on the street. And that not only is a -- takes our parking spaces but creates a driving hazard. People are going to have accidents there. If you go again to the Conrad, there's a 20-foot sidewalk. You see the bike racks there. And again, I'm not against bikes. I think bikes City of Miami Page 141 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 are great, but in the right place, not in a place where you don't have the space to put them and where the citizens of that or the residents are paying for the parking. Not only do we pay for the parking, but we clean the street, and we have spend -- in the past, we spend $50, 000 from our money to put lights and beautify the place. So we are paying for it and do it in the right place. Again, I don't think anybody's against bikes. Bikes are great. But get a good place for them, not a street that -- our sidewalk that's only about three or four feet and you have to put it on the street where there's going to be an accident. Thank you very much. Chair Gort: Thank you, sir. Yes, sir. Fred Teger: Hi. My name is Fred Teger. I live at 2843 South Bayshore Drive. I'm also an officer in Bike Coconut Grove, the organization. I want to lend my support for the whole concept of the shared biking, the Citibikes. And I understand the objections that people have, that it takes parking, that it could obstruct views, that it may have advertising, but most importantly is that this program is aimed at creating an image of a city that is a bike friendly city, a very different image than the rush of traffic continuing to run down the streets. And the program has -- we have to work to overcome the -- some of these objections, but also, we need to just promote the program as a whole. And the idea of having the bikes more visible, they have to be visible if both residents and tourists are going to be able to use them. They need to be in locations which are high traffic, high pedestrian traffic, in particular. And the concept of these bikes also will help retail businesses. I mean, if it can attract more flow of pedestrians and bikers, it's also going to benefit the businesses. So I simply want to say that we need to overcome the objections and create more of a bike friendly city. Chair Gort: Thank you, sir. Okay, yes, sir. Nicholas Aguirre: Mr. Chairman, my name is Nicholas Aguirre, and I live at 1420 Brickell Bay. And I'm in total agreement with the position of some of my co -residents about removing those bicycle stands. But I'm also here to remind the Commission that the area is becoming a little deteriorated. I don't know if you're aware -- I know Commissioner Sarnoff is very much aware that on 14th Terrace, between 14 and 15 Streets, has become a dump. We have a parking garage for taxis, and that every single day, between Monday and Sunday, between the hours of 6 a.m. to 6 p.m., we have between 6 and 10 taxis in the middle of the street, and I don't know if anyone is going to do anything until we have an accident. It's terrible. It's an eyesore. I met with Commissioner Sarnoff. He was kind enough to come to the neighborhood over two years ago. He called the lady from the Police Department, who said she will be available if they keep on coming, the taxis. And I call her on a couple of occasions because nothing has changed. It has gotten worst. I had gone to the -- recently to the Miami Development Authority, and they're willing to take an -- a stand on this. There are many comments which I don't want to talk about it at this moment, which are very bad. They're implying that the owner of this taxis has a lot of influence with the City Commission and -- Chair Gort: By the way, who's the owner? Mr. Aguirre: I don't know. This was -- well, it would be very easy to find out, because this is a taxi and entrepreneur. You don't have one taxi. It's the same company because they have the same phone number. There are between 6 and 10. I spoke over two years ago with the Manager of the Four Seasons Hotel, and he's the one who imply that, but besides that, I think it's to the advantage of the hotel. They're not being good neighbors, because they have the limousines under the hotel, but the taxis there -- the taxis and the trucks that service the hotel are throwing [sic] into 14th Terrace. So the whole area has to be taken care of. We, the residents, are owners, paying high taxes there, and I'm just hoping that not at this time but any other time, like election time, the attention shouldn't be given then but now. Chair Gort: It doesn't have to wait for election time. I think you should have the phone number City of Miami Page 142 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 of the police officer and the commander of that area. I'm sure if you call them and they're breaking traffic law, they should be given a ticket, so. Mr. Aguirre: They don't come. I called because -- Chair Gort: Well, we -- today, I'm going to make sure -- and I'm sure that Commissioner Sarnoff is going to make sure that they're going to answer those calls. Mr. Aguirre: Well -- Chair Gort: Okay. Mr. Aguirre: -- it's been over two years and nothing has been done. Chair Gort: Okay. You want us to continue doing nothing? Mr. Aguirre: Well, I'm just hoping that something will be done. Chair Gort: I'm telling you, you're in front of us right now. The Administration is listening to the complaints. The Commissioner from that area is very responsible and I'm sure is going to take care of it. Mr. Aguirre: Okay, thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: We'll close the public hearings. Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. This issue reminds me a lot of -- I recall, maybe a year or two ago, when Commissioner Sarnoffs wife was walking down Coconut Grove and tripped on a brick that -- and I think maybe broke a bone or two, and so he became at that point a very forceful advocate for the repair -- which, by the way, I think, has been repaired since then -- of the stone masonry for the sidewalks and the streets. The fixing of that street and sidewalk, while she does walk that street and sidewalk, it doesn't inure to her personal benefit, nor yours, any more than it inures to any of our personal benefit, so I just want to say that, because the City Attorney just pulled me aside and said that my mother, who lives on 25th Road, was questioned whether or not I personally benefit or she personally benefits from the fact that they would move these bike racks from the street and put them on the sidewalk or whatever. So I just want the City Attorney to shed some light on that, because I don't think she would benefit any more than I would or any other citizen in the City of Miami or -- Chair Gort: Excuse me. Let's get one -- go ahead. Yes, ma'am. Ms. Mendez: It was just a question with regard to any participation, just because the Commissioner would be voting on it, to see if there was any voting conflicts, but there's no particular prohibition against the vote. Chair Gort: Well, my understanding is to have a conflict of interest, it means that if you make a decision, economically, you're going to benefit from that decision -- Ms. Mendez: Right. Chair Gort: -- and this is not the case. City of Miami Page 143 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Ms. Mendez: Right. There's a little more to that, but in this case, there isn't a prohibition. Chair Gort: Okay, thank you. Thank you, Madam City Attorney. Ms. Suarez: Okay. No, I just wanted to see if there was any other issue, because we do pay our taxes. We are not exempt. And I believe that I should have a voice, like everyone else has a voice, and I should be able to voice my opinion. And whether he's here or not, you know, that's -- cannot preclude me from expressing myself and from having to, you know, ask the Commission to do something that -- it's not going to benefit me. I'm not going to make any money from the bikes. Chair Gort: Right. Ms. Suarez: I am not opposed to the bikes, and I said it. I'm just opposed to where it is. We don't pay for the parking and we don't have parking. That's all it is. Chair Gort: Thank you. Commissioner Suarez: And -- Commissioner Sarnoff Mr. Chair. Commissioner Suarez: (UNINTELLIGIBLE). Commissioner Sarnoff Mr. Chair. Wait, wait, wait. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: The issue here is not whether she can speak on the subject or not, but whether I can vote on it or not. Commissioner Sarnoff Right, right. Commissioner Suarez: So I just want to be clear. I love her andI love forceful advocacy -- Chair Gort: We have one more -- Commissioner Suarez: -- but that's not the issue. Chair Gort: -- and then let's close the public hearing. Yes, ma'am. Sorry. Sue McConnell: I'm sorry. Sue McConnell, 3090 Virginia Street. Just one thought while you all are speaking about this. My question would be how do you think people get to these bike racks? They put one in down on Virginia Street. They took two or three parking spaces away, and I see people drive up, park their car, and use a bike. So now we've lost the parking spaces and there's nothing available for us. I saw one the other day. Car pulled up, two guys get out, they parked in the handicap space, by the way, without a decal, and used the bike stations, so that's a concern. I think they need to be placed where there's ample parking for them. Chair Gort: Thank you, ma'am. Okay, public hearing's closed. Commission, you recognized. Commissioner Sarnoff Yeah, Mr. Chair, first and foremost, as a biker -- and I'm an avid biker, and I suspect I bike most frequent of many people in this chamber. I certainly support the use of bikes. And I thought this program and still think this program will be a tremendous success. City of Miami Page 144 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 However, prophylactically, we actually were aware of -- we thought this would happen. We actually addressed the Administration in writing, and I could show you all the e-mails (electronic) saying, "Be very careful where you place these bike racks," and we strongly urge you to get the adjacent property owners' signed consent to ensure that you are putting them in places that people agree." So we saw this coming. Look, this isn't hard. There are a number of spaces -- and I'm a little bit curious why we couldn't even put one on a median. Why couldn't we put one on a median at (UNINTELLIGIBLE) Park? Why couldn't we put one in front of Brickell Park, which is our park? Why couldn't we put them in any one of the spaces that you suggested to see if it works? I don't know think these things -- and I do believe -- let me just say this to you very clearly. This is a commercial component. This is not a residential component. As much as we like to think this is going to be something that's good for the residents, it's really a commercial component that you're placing in a neighborhood. Now, I've had, candidly, to my surprise -- not to my surprise. We've had commercial people come up to us and ask us to put a bike rack there. Administration was very accommodating and did it right away, and it was in a very significant part of the Grove. That commercial establishment asked that it be placed there. But when it comes to a residential, to me, this is easy, and the reason it's easy is, you know, if the Administration would simply say, "Hey, Commissioner, would you give me an hour and a half of your day?" Could we walk on some suggested places that we're going to put these?" I would have said, "Sure, no problem." But that, candidly, wasn't done and, you know, I thought this would happen. It has happened. This isn't hard for me, because there are ample places to put this, other places to put this, and it doesn't have to be directly in front of the water. IfI bought a place and it was on a lower section, and it looked directly out into the water, I don't know if I'd want to look at the commercial advertisement either, so I agree with that. So the motion I'm going to make, Mr. Chair, is that 801, 1408, 1440 Brickell Bay Drive, and 25th Road and Brickell Avenue be removed and repositioned in accordance with the District 2 office, as the advice and consent of the adjacent property owners will be sought. Commissioner Suarez: Second. Chair Gort: Okay, it's been moved and second. Discussion. Yes, sir. Mayor Regalado: I think that, Commissioner, maybe you could sort of amend that motion to avoid future problems and say that "bike racks will not be placed in residential parking streets, " because people do pay. And people pay to park, but also for visitors and, you know, like -- Commissioner Sarnoff I got a better motion. Mayor Regalado: -- where my son live on 25th, they have -- they pay -- they have residential parking. Commissioner Sarnoff So -- Chair Gort: By the way, most residential neighborhood don't have the pedestrian that they talking about they wanted to see. So the parks that where people go a lot, parks and all that, that'll be the ideal place to place them. Commissioner Sarnoff So I'll amend my motion that it should not be placed for the loss of residential parking. But then there's also the issue of loss of commercial parking, because I don't think anybody really wants to lose a commercial space, either, and Danny's kind of laughing over there thinking, "Well, where am I going to put it?" But there actually are some places to put it. I mean, there really are. I mean, if you've ever been -- this particular section, there are a number of places on Brickell that you can place this without having to take any spaces up. I don't have to be the purveyor of where I think they should go. The Mayor could do it. You can work with either one of us. But, you know, I foresaw this coming, and I still think it's going to be an extremely effective and robust program, whether you put it directly in front of Brickell Avenue City of Miami Page 145 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 D3.1 14-01093 Brickell Bay Drive or if you put it on Brickell Avenue. I think you'll get the same ridership. I think you'll get the same impression. If it was me, I would put them right next to the hotels, which is really where your ridership is going to come from. Applause. Commissioner Sarnoff And another suggestion that was made -- and I think you're going to need the County's -- I think we need to be a little better partner with the County on this one, because if I'm going to get off a Metrorail station and I have a Brickell -- and I have a bike right next to me there, I might have a use for that bike to get me to work or to get me wherever I'm going to go. So I think there's just better places to put these four particular racks. That's my motion as stated, Mr. Chair. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Suarez. Commissioner Suarez: Mr. Chair, very quickly, just understand -- Chair Gort: You second? Commissioner Suarez: Just -- yes. Just understand the motion. Yes, I second it. Chair Gort: Okay. Commissioner Suarez: Over the City Attorney's concerns. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: The question is, it's just on those four racks that you identified? Commissioner Sarnoff That's the only ones I've heard so far, complaints. Commissioner Suarez: Right. Okay. Chair Gort: Okay, any further discussion? All in favor, state it by saying liye. " The Commission (Collectively): Aye. Chair Gort: Thank you. Applause. 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 City of Miami Page 146 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item D3.1 was continued to the February 12, 2015 City Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 14-01024 D4.2 14-01083 DISCUSSION REGARDING CONDITION OF FLAGLERAND EIGHT STREET BUSINESS CORRIDOR. 14-01024 E-Mail - Discussion Item.pdf Motion by Commissioner Carollo, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item D4.1 was indefinitely deferred. 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 DISCUSSED Commissioner Suarez: And then the last discussion item, quickly, is I'm going to be bringing before this Commission in the future, maybe in the next 60 or 90 days, a median improvement for Coral Way that I've been discussing with the Administration. Coral Way, like Brickell and many other beautiful -- South Bayshore, it's a beautiful centerpiece for the City, where we have thousands of drivers commute through those major thoroughfares every single day. One of the things that I've been advocating for is beautification for many, many years. And the way that the underbrush is landscaped -- we got the new trees. I'm sorry, we got the new lights about a year or two ago, and they're finally functioning, even though the FDOT (Florida Department of Transportation) project for repaving Coral Way has had some of them turned off in the process. But we're getting a repaved Coral Way, thanks to our tax dollars, by our Florida Department of Transportation. And I think it's time to look at the possibility of doing something in the median that will be durable and -- it's going to be expensive. I don't think it's going to be inexpensive, but it will be durable and it's something that we can maintain. Because right now, the way that we have -- what we have right now is completely not being maintained. And you know, I don't know what the final cost is going to be, but, you know, I'd like the bring a proposal before the Commission at some point in the next 30 to -- sorry -- 60 to 90 days and debate it and see how we can do it. That's it. Chair Gort: Let me ask a question. I had a lot of throughfares [sic] in my district that belongs to the County. What can we do to improve those areas that are County roads--12th Avenue, 17th Avenue, 22nd Avenue, and 27th Avenue? City of Miami Page 147 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 D4.3 14-01117 Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements and Transportation. With regards to the County roads, you basically have probably two options. The first option would be, obviously, to reach out to the County and ask them to add it to their capital plan to make improvements. As you know, a portion of 17th Avenue within Commissioner Carollo and Commissioner Suarez's district did have some improvements recently with a center median and landscaping that was done by the County with some assistance from us. It was a -- Commissioner Suarez: It was a match. Mr. Spanioli: -- it was kind of like a -- Commissioner Suarez: It was a match. Mr. Spanioli: Yeah, it was a matching, that's correct. Chair Gort: We were able to do also Northwest 20th Street -- Mr. Spanioli: Right. Chair Gort: -- in combination with the parking. We (UNINTELLIGIBLE). Mr. Spanioli: That's what we did on 20th Street. They did some of it with their funds; we did some with our funds. And, you know, the second option would, theoretically, be to -- for the City of Miami to take on the -- Chair Gort: But I think we should take the initiative -- Mr. Spanioli: Okay. Chair Gort: -- and try to come up with some kind of a plan and then well go to them. I mean, we use our muscle, we meet with them, and we talk to them. Most of the Commissioners that I work with in there, all three Commissioners -- all four Commissioners, that we need to work with them, because it's part of their district also. Mr. Spanioli: Absolutely. Chair Gort: But we need to take the initiative. Mr. Spanioli: And we're happy to do that. We're happy to do that. Commissioner Suarez: Thank you. Chair Gort: Yes, sir. Daniel J. Alfonso (City Manager): I just want to say I'm all for it, but we got to get dedicated funds for that, and when we have the executive discussion, let's keep that in mind. 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. City of Miami Page 148 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 NA.1 15-00030 14-01117 E-Mail - Discussion Item.pdf 14-01117 Back -Up Documents.pdf DEFERRED Note for the Record: Item D4.3 was deferred to the March 12, 2015 City Commission Meeting. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) DISCUSSION ITEM COMMISSIONER SARNOFF REQUESTEDA MOMENT OF SILENCE IN RECOGNITION OF THE TERRORISM TRAGEDY OF JANUARY 7, 2015 AND THE EXECUTION OF A POLICE OFFICER, IN PARIS, FRANCE; SHOWING SOLIDARITY WITH THE FRENCH AND THANKING ALL FIRST RESPONDERS AND POLICE OFFICERS. DISCUSSED Chair Gort: Commissioner Sarnoff you're recognized. Commissioner Sarnoff. Thank you, Mr. Chair. Yesterday in France there were attacks upon what is commonly referred to as "The Fourth Estate, " which is journalism and media, and I would suspect in the City of Miami, free speech is probably one of the most cherished things that anybody can have, especially from an immigrant society that doesn't share free speech. The French came together last night in a show of solidarity where they said, `I am Charlie, " which is the weekly news magazine which, however you want to characterize it, has free speech, and in that speech, not everything do you read you like, but that's why they call it `free speech." It is my humble opinion that in the first quarter of this year, we will address two issues; one is terrorism and the other is what you see on the front page of the Miami Herald, which is right here. What you're witnessing right there is a first responder, better known as a police officer, headed towards the shooting. He was shot in his shoulder, and as he lay wounded, what you're seeing there is an execution of a police officer that was headed to help somebody. So I would ask, Mr. Chair, that we here in the City of Miami, in unison with Paris and the French people, say " Je suis Charlie, " as well, which is that "We are all Charlie, " and that we show solidarity with the French and say we are also supportive of the actions that you take now and the actions you will take in the future to defeat terrorism. I would also, Mr. Chair, ask that we take that moment of silence and especially give thanks to first responders across the world -- first responders in France, first responders in Paris, and the first responders here in the City of Miami -- with a special eye towards the police, because as we all run from terror, fear or crime, they run toward it. They're not perfect, but they are professional. I would ask that each one of us for one moment -- for 30 seconds, if possible, Mr. Chair -- Chair Gort: A moment -- a minute of silent. City of Miami Page 149 Printed on 2,9/2015 City Commission Meeting Minutes January 8, 2015 Commissioner Sarnoff Just take 30 seconds and remember the first responders. Chair Gort: Thank you, Commissioner Sarnoff. Commissioner Sarnoff Thank you, Mr. Chair. NA.2 DISCUSSION ITEM 15-00033 (NA.2) 15-00033a DISCUSSION BY COMMISSIONER SUAREZ REGARDING THE SELECTION OF A NEW CODE ENFORCEMENT DIRECTOR AND CONDITIONS OF BLIGHTED AND PROBLEMATIC PROPERTIES WITHIN THE CITY THAT ARE NEGATIVELY AFFECTING RESIDENTS' QUALITY OF LIFE. 15-00033-Submittal-Commissioner Suarez -Blighted Properties Presentation.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO REFORM ITS EXISTING REGULATIONS UNDER CHAPTER 17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO ALLOW MUNICIPALITIES TO ENFORCE THE MINIMUM HOUSING STANDARDS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION, ATTACHED PICTURES, AND SUGGESTED CHANGES TO THE MIAMI-DADE COUNTY CODE TO THE OFFICIALS AS STATED HEREIN. 15-00033a-Submittal-Commissioner Suarez -Blighted Properties Presentation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0015 Chair Gort: Okay, we have only one item. Commissioner Suarez: What's lefi? We're not done, though, here, are we? Commissioner Carollo: I think we have -- Todd B. Hannon (City Clerk): The Chairman just said yeah. Commissioner Suarez: No. I have other things that I have to talk about. Who's going to chair the meeting, the Vice Chair? I have at least two discussion items, quick, though. They're very quick. Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I have three discussion items. I'm going to try to make them as brief as possible. The first one is a pocket discussion item and it talks about the selection of a new Code Enforcement director or -- and the condition of blighted and problematic properties within the City of Miami Page 150 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 City. We have an issue in my district that I presume is in all the other districts, which is not the squatters, per se, which we've obviously tried to create the swatters squad, et cetera, to address. This is a very unique problem. This is a -- these are people who own the home but are keeping it in such a poor condition that it's affecting the quality of life of the neighbors, and I mean, to the point of just sheer -- and we have some pictures of the two properties that we have. One of them is at 1180 Southwest 22ndAvenue. This one was declared unsafe, was demolished, so we work with the Administration to create that process and streamline that process so that we're able to get it down. But now, what's happened is that one of the family members of the owner of the property has created a little camp and is living in a section of the property, and, you know, that obviously is a bulldozed lot. And Mr. Mayor, you could see the address, 1180 Southwest 22nd Avenue. I mean, it's right there. And this person has created a little camp, and obviously, all the neighbors -- I mean, he's doing his daily functions -- talking about public and, you know, all the things we're talking about -- right there in public, so that's one example. The other example is very near and dear to the Shenandoah community, which is 1823 Southwest 20 -- 13 th Street. And if you look at some -- this house cannot be declared unsafe, because if you look at it, it's not unsafe, the house itself, but if you look at some of the pictures of the inside of the house and the way that it's taken care of -- so this house has been in this condition for seven years, and I'm asking the Administration -- we've been working with the Law Department, and I want to thank City Attorney and her sub- City Attorneys. There has to be a way for us -- whether it's reactivation of the nuisance abatement process or tweaking the Nuisance Abatement Code, because I know that one of the nuisance abatement things is that there has been drug sales, three drug sales on the property. Well, what if there's drug use, or rampant drug use, or calls for service for drug use, but no drug sales? I mean, there has to be a way that we can design the Nuisance Ordinance so that we can prevent a situation like this and we can act and evict people who are living in this condition, because it is creating a havoc for the residents, and they're desperate, I mean. Mayor, I know you've been to the Shenandoah Homeowners Association meetings. The neighbors of these houses, they want blood. I mean, they're desperate. I mean, they are desperate. They -- you know, it's a critical level. And I told them that I would make this a personal issue for me and you know -- and I've been working with the City Attorney. But we need ideas. That's why I'm bringing it to the Commission. We need ideas. I need solutions to fix this problem. Victoria Mendez (City Attorney): With regard to -- Chair Gort: Let me ask a question. Do we have codes within the City of Miami, they have minimum standards of maintenance of a residential -- of a residence? Ms. Mendez: There's a couple of issues with regard -- first, with regard to this property, 1823, it has been the perfect storm of things that can go wrong in a property. We had a retiring inspector who closed out a code enforcement case. We had a guardian that was appointed by the court who said that that was not a problem. Then we had a court that basically said that they weren't going to do anything about it because it wasn't a problem. We called DCF (Department of Families and Children) to get involved; they did not. We now think that we have a better situation and handle on getting DCF involved with this particular situation. We have the minimum standards under Miami -Dade County for minimum housing. Unfortunately, Miami -Dade County is the only one that can enforce minimum housing based on the code that they have drafted. A few years ago, we followed up with the Mayor and the County, and we asked them, "Please, designate the City of Miami to be the minimum housing inspector for minimum housing." They have yet to do that, so we would obviously need your political muscle to try and get that done. I am very creative when it comes to all different ways to deal with the property. This is just -- things have just -- Chair Gort: Okay. Ms. Mendez: -- not been available. But what needs to be done -- we're also doing to legislative City of Miami Page 151 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 fix, which we've already drafted and sent up to Tallahassee on getting -- instead of just having nuisance abatement -- based on your request, we already sent it to Tallahassee to try and get someone to sponsor the gathering and the -- you know, after the sales, which is what happens here. So we have been -- these are just issues that we need a little assistance with, with regard to the -- changing the minimum housing standards so that the City can enforce them, because they have not been enforced for about four years. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, go ahead. Commissioner Suarez: I'd like to, just based on this discussion, make a motion to urge the County Commission, from the City Commission as a body, to delegate its authority to implement minimum housing standards to the City of Miami. Commissioner Sarnoff I'll second. Chair Gort: It's been moved and second. Moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Commissioner Sarnoff No, but I would second it predicated upon "attached to this motion are color copies of these pictures." Commissioner Suarez: Slides. Chair Gort: Yes. And at the same time, I think Code Enforcement should have a lot of pictures of a property -- I don't have the exact address right now, but it's on Northwest 37th Avenue. We have received many complaints right across from the shopping center, Central Shopping Center. This house been in violations, I think, for 20-some years. Okay. Okay, all in favor. The Commission (Collectively): Aye. Chair Gort: Question: Do we have code that people need to comply with in maintenance of their gardens, their houses, and so on? Ms. Mendez: Yes, to maintain the exterior facade. Chair Gort: And if they're not in compliance with the code, they can be fined? Ms. Mendez: Yes. Chair Gort: And the problem is, once they're fined, they don't pay their fine, they continue to break the law. Ms. Mendez: It continues to accrue, and at that point, the two options are enforcing them, the injunction, which we do. The more problem ones, we go to court on once the cases have been established under our administrative process, or to foreclose on those properties because they are no longer considered homestead. It depends if people are living in it or not, so that one is a little more difficult to do. But injunctions are what we're doing more of now, which is actually taking them to court after the fines have been accruing for a while. Chair Gort: And I understand, you've been very successful in collecting fines from a lot of those fines that you have placed and -- Ms. Mendez: On the -- through unsafe structures special assessments, and through lot clearing City of Miami Page 152 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 special assessments, those we've collected upwards of 1.3 million or so since the project started. Chair Gort: And those funds, if I recall, it was to be utilized to continue to enforce the codes and the lot clear. Ms. Mendez: Right. Chair Gort: Am I correct? Ms. Mendez: It was a directive from the Commission to have a designated account for those to be reused. Chair Gort: Thank you. Commissioner Suarez: Thank you. Thank you, Mr. Chair. So I think that's some progress there that gives us a specific thing that we can do, and I thank the City Attorney for that idea, because that's one thing tangible that I can go back to my residents and say "I'm working on this." Just like we did with the traffic circles, you know, that took so long, but at least we had something to do, you know what I mean, other than just advocate before the State for legislation. Ms. Mendez: Our office can draft the legislative fix that you would need to send to the County, attached to the resolution -- Commissioner Suarez: Please. Ms. Mendez: -- because it's just a few words that -- Commissioner Suarez: Perfect. Ms. Mendez: -- would allow us to enforce the minimum standards. Commissioner Suarez: That would be perfect. Later... Daniel J. Alfonso (City Manager): I wanted to respond to your question, Commissioner, about the progress on the Code Enforce -- Code Compliance Director. We've advertised for three weeks. We received 55 applicants; 11 were deemed qualified. We've already conducted interviews -- half of the interviews with four, and we'll have four more interviewed on Friday, and we'll make a decision next week. Commissioner Suarez: Thank you. Mr. Alfonso: So we'll have a new director. Chair Gort: Okay. Commissioner Suarez: Appreciate that. Chair Gort: Thank you. NA.3 DISCUSSION ITEM 15-00034 DISCUSSION BY COMMISSIONER SUAREZ REGARDING A REQUEST FROM THE CHARTER REVIEW AND REFORM COMMITTEE (CRRC) THAT City of Miami Page 153 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 ANY RECOMMENDATIONS FROM THE COMMISSIONERS FOR CHANGES TO THE CITY CHARTER BE SUBMITTED NO LATER THAN THE END OF MARCH IN ORDER TO STAY ON TASK WITH CRRC DEADLINES. DISCUSSED Commissioner Suarez: My second pocket discussion item -- and this was a discussion item from a prior Commission meeting that was ended without discussion items. It's very simple. In conjunction with the Charter Committee, you know, we as a committee -- and I'm just a nonvoting Chair -- the members are submitting a variety of ideas to amend the Charter, so you know, obviously, Commissioners will have an opportunity to review those ideas and vote on those ideas, but if the Commissioners themselves want to proffer ideas that are going to be vetted by the committee and then advanced back to this Commission in a draft form, then I would respectfully request of Commissioners to submit their ideas by no later than the end of February, and the reason why is because we're trying to meet a deadline that was imposed by this Commission. And many of the ideas -- I think the first starting point should be for the Commissioners to review the ideas that have already been proffered by the committee members. They have done a tremendous amount of work in actually proffering dozens of ideas to change the Charter. So I would respectfully request that, you know, that if a Commissioner wants the committee to digest, vote on, and draft Charter review language that they please submit it no later than the end of February. We already had committee members review the Charter and submit their ideas I think at the end of December, so we gave them, you know, a time to do that, and now, you know, I'm asking of the Commission. That doesn't mean that when the ideas come back, you know, to this Commission, we can't debate them, we can't amend them, we can't -- you know, because that's a different -- whole different process. I'm just thinking if there is, let's say, 10 ideas, that the Commission not at the 11th hour introduce 11 idea -- the 11th idea or the 12th idea, a different idea. But if idea number eight needs to be massaged and changed, then that's different. So that's what I'm respectfully requesting. I think Ms. Vanessa, I believe, has sent office -- e-mails to your office to that effect. And so that's pretty much it. As long as this Commission agrees -- Victoria Mendez (City Attorney): Commissioner Suarez, I just wanted you to know that our office has met all of our attorneys, and basically, we had a Charter meeting ourselves, and we have already a lot of amendments that we think would be helpful to the Charter Review Committee on things that needs to be cleaned up or fixed, so we can send those to all the Commissioners so that they can maybe, you know, expand on that. Commissioner Suarez: I would totally agree with that that you sent, 'cause what we've done so far is we've had all the committee members proffer their ideas. The Clerk -- thank you, Mr. Clerk -- proffered some ideas as well. I'd like to see your offices ideas. But I think it's also fair that the Commission, if they have ideas that are not included in all those other ideas that they be proffered early so that the committee can review them, digest them, debate them, put them into draft form for them to come back to this Commission with ample time for us to put it on the ballot in 2016 -- you know, first quarter of 2016, which is what the Commission had demanded that we do. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: What's your time frame, more or less, to bring everything back to this Commission? Commissioner Suarez: Well, Commissioner, if we're going to make the -- and Mr. Clerk, I need your help here. If we're going to make -- the Commissioner asked what our timeline was for bringing things back to the Commission, and the answer to that is just to work backwards. If we're going to -- remember when we went through the timeline of the presidential primary of City of Miami Page 154 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 2016 -- Commissioner Carollo: Which, by the way, may not be in January anymore. They may actually keep the, I think, March date. Commissioner Suarez: Right. So that's open, but I'm assuming the worst -case scenario. Chair Gort: You can do it in November, also. Commissioner Suarez: Yeah. It could be in -- look, I -- Chair Gort: Because, really, you got more people voting. Commissioner Suarez: I was working on what the Commission had charged us with, and that was the -- whatever presidential primary date was in 2016. Commissioner Carollo: Right. Commissioner Suarez: So if we have more time, it's better -- Daniel J. Alfonso (City Manager): March, maybe. Commissioner Suarez: -- obviously. Mr. Alfonso: March of 2016. Commissioner Suarez: The more time we have, the better, but -- yes, Mr. Chair -- I mean, Mr. Mayor. Mayor Tomas Regalado: No. Remember that the State of Florida was penalized when they moved the -- to January, so they're back now to March. Commissioner Carollo: March. Mayor Regalado: All these -- remember, you have on '16 the presidential primary in March. You have the August, the County and the judges and the State reps general election, and then you have the presidential in November so -- Commissioner Suarez: So there's three opportunities in '16 -- Mayor Regalado: -- in '16 you have three opportunities -- Commissioner Suarez: -- to piggyback. Mayor Regalado: -- to piggyback. Chair Gort: Yes. Mayor Regalado: And it's free. Commissioner Suarez: Yeah. So I was just working off the date that the Commission had given, which was the presidential primary, and working backwards. So, you know, the way we're doing it is submitting ideas, vetting the ideas, voting on the ideas, and then taking them to draft form so we have plenty of time for the Commission to debate them, et cetera. City of Miami Page 155 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 Chair Gort: Yes, ma'am. Commissioner Carollo: I got you. I just -- you know, if it's almost a year from February to -- in essence, February. I kind of want to put a time constraint on the Commission. That's the only thing that, you know -- again, we're -- I'm not trying to come at the 11 th hour, you know, but I want, you know, some flexibility. I'll be honest with you. I haven't had a chance yet to see what the committee members have proposed or not; if it's one and the same of what I'm thinking about or not. I'd like to see where they're coming. I'd like to see if they're reviewing the whole Charter. I'd like to see what -- you know, before I will make a recommendation, so I kind of -- I just feel uneasy as far as putting a deadline on the Commission. Commissioner Suarez: Well, I -- you know, first of all, we imposed our own deadlines or not, you know. It's really our -- up to us. What I -- I think for the committee to have value -- for there to be a Charter Committee with value, they have to get things with time to vet them, draft them, research them, et cetera, and I think that's the value. Otherwise, we could just draft them ourselves and not have a committee, like we've done in the past. So, you know, whether we do it February, we do it maybe the first quarter, but I can tell you that the board members -- I think our first meeting was in November, if I'm not mistaken, and within a month they had reviewed the Charter and they had made how many recommendations? I know that some are consolidated. Vanessa Acosta (Senior Assistant to the Manager): I think -- Vanessa Acosta, City Manager's Office. We have at this point over 10 suggestions. Commissioner Suarez: Right. Ms. Acosta: Because we're working as an Administration to finalize a page on our web site that will link you to all of the meetings, all of the suggestions, all of the public documents provided that include the Charter, past recommendations, past resolutions, so all of it will be in one place for everybody to be able to access it. Commissioner Suarez: So again, you know, in consideration of their work and their time and their energy, if we're not going to make it the end of February, which is basically a month and a half, then let's -- Go ahead, Mr. -- Mr. Alfonso: No, I'm sorry. You were saying this February. I was concerned that you were saying February of next year. We have to be done with the process sometime like in December -- Commissioner Suarez: Correct. Mr. Alfonso: -- so that we can get it onto the ballot in March, if we're looking for March. Otherwise -- Commissioner Carollo: That was my -- Commissioner Suarez: Right. Commissioner Carollo: -- original question. Mr. Alfonso: Right. That's -- Commissioner Suarez: And there's no reason necessarily to do March. That's just what the Commission said. So that's how -- I just assumed that and then worked backwards. But I think that this process is supposed to be deliberative. It's supposed to be the opposite, in my opinion, of -- and the reason why we're doing it is because we've been doing things very rush, and everything is rush, rush, rush the last minute. And I think that when you're doing something as City of Miami Page 156 Printed on 2/9/2015 City Commission Meeting Minutes January 8, 2015 ADJOURNMENT complicated and as impactful as a Charter change, it should be done in a very slow, methodical, and deliberate fashion. So if we don't want to make it February, then I would respectfully suggest the end of March, the third -- that's another month. That's two and a half months to review a suggestions, to review the language. I just -- you know, I don't feel right and I don't feel comfortable coming afterwards and saying, you know -- and we're in the middle of debating 10 ideas or 12 ideas or putting them all into writing, which is going to take a long time -- of saying, "Oh, here, I have another idea," and then -- I don't think that's fair. So whether we want to bind ourselves to February or to March -- I don't have a problem with March, even though I kind of feel bad for the committee members who have worked really, really hard, but everybody else has submitted their ideas. The Clerk has submitted their ideas. I think the Administration is also going to submit ideas as well. So the only stakeholders that are left are the people, who we're going to have meetings with, to see if there are any suggestions by residents, and the Commission, so. Ms. Acosta: Commissioners, I've already received a couple of requests from some of the members as to the limit on the number of absences placed on this committee. You have quite a few members. The meetings are being set at 5:30. Some of them are having difficulty making it due to other commitments, other committees they sit on, and/or other previously scheduled events, since the committee was created and started so quickly. So I don't know if you all want to have a discussion as it relates to "excused" versus "unexcused" absences or how you'd like to deal with that. Commissioner Suarez: I -- Chair Gort: Okay, thanks. Commissioner Suarez: Yeah, thank you. That's fine. Okay, so we'll bring that up in the committee and we'll talk it over in the committee and then we'll -- we're going to have -- I guess what we'll do, if we limit ourselves to March, hopefully, at the very minimum, is that the committee can then give you a report in early April of all the ideas that had been proffered at least in its nescient form, in its -- you know, young form before being drafted. The meeting adjourned at 6: 33 p.m. City of Miami Page 157 Printed on 2/9/2015