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HomeMy WebLinkAboutCC 2015-04-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, April 9, 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 April 9, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Suarez and Vice Chair Hardemon Absent: Commissioner Carollo On the 9th clay ofApril 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 9:02 a.m., recessed at 12:00 p.m., reconvened at 3: 04 p.m., and adjourned at 4: 07 p.m. Note for the Record: Vice Chair Hardemon entered the Commission chamber at 9: 06 a.m., Commissioner Sarnoff entered the Commission chamber at 9:08 a.m., and Commissioner Suarez entered the Commission chamber at 9:15 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 City of Miami meeting ofApril the 9th at the Commission -- historic Commission chambers. On the dais with me are the -- Commissioner Frank Carollo, unfortunately, is not going to be able to be in today. He's sick, so he's not going to be in today -- Francis Suarez, Marc Suarez, Vice Chairman Keon Hardemon; myself, Chairperson, Wifredo "Willy" Gort. Also on the dais the City Manager, Alfonso -- Daniel Alfonso, and he looks a little different today; City Clerk Todd Hannon and City Attorney Victoria Mendez. At this time, I would like you to please stand so we can have our invocation. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 15-00446 PRESENTATION Honoree Rebecca "Butterfly" Vaughns Bertrand E. Boyd, II Patrick "Mecca Grimo" Marcelin Angie Bell Miami Police Department World Autism Week National Community Presenter Commissioner Hardemon Protocol Item Salute Commissioner Salute Hardemon Commissioner Salute Hardemon Commissioner Salute Hardemon Mayor and Commissioners Mayor and Commissioners Special Presentation Proclamation Mayor and Proclamation City of Miami Page 3 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Development Week Commissioners Mitzy Y. Crosdale Commissioner Certificarion of Suarez Appreciation Elio Diaz Commissioner Certification of Suarez Appreciation Bryan Pena Chair Gort Salute 15-00446 Protocol Item.pdf PRESENTED 1) Vice Chair Hardemon presented a Salute to Rebecca Butterfly'Vaughns and Bertrand E. Boyd, II, for National Poetry Month paying tribute to their artistic genius and outstanding contributions to the elevation of creative expression in South Florida; furthermore recognizing their role as valuable contributors to the Overtown community and honoring their fine poetic works and contributions to cross-cultural harmony through poetry. 2) Vice Chair Hardemon presented a Salute to Patrick "Mecca Grimo'Marcelin and Angie Bell for National Poetry Month paying tribute to her artistic genius and outstanding contributions to the elevation of creative expression in South Florida; furthermore recognizing her role as a valuable contributor to the Little Haiti community and honoring the fine poetic works and contribution to cross-cultural harmony through poetry. 3) Mayor Regalado and the Miami City Commission presented a Special Award to the following officers in the Miami Police Department, Major Martinez, Sergeant Nazur, Officers Carter, Cueto and Herrera, for the certification of the Commission on Accreditation for Law Enforcement Agencies (CALAE), an international accreditation which involved onsite review of the Police Department's policies every three years. 4) Mayor Regalado and the Miami City Commission proclaimed April 2, 2015, as World Autism Awareness Day, recognizing that Autism is the fastest growing developmental disability in the United States, affecting more than three million people regardless of race, ethnicity, gender, or socioeconomic background; therefore the City of Miami is honored to take part in the annual observance of World Autism Awareness Day in the hope that it will lead to a better understanding of the disorder. 5) Mayor Regalado and the Miami City Commission proclaimed the week of April 6-11, 2015, as National Community Development Week as designated by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships Program; furthermore recognizing that our community has received a total of approximately $26.3 million in CDBG funds and $15.39 million in HOME funds; these programs have made tremendous contributions to the viability of the housing stock, infrastructure, public services and economic vitality of our community. 6) Commissioner Suarez presented a Certificate of Appreciation to Mitzy Crosdale, honoring her as an Operations Consultant of the Metro Miami Customer Service Center for Comcast; moreover recognizing her commitment and enthusiasm for providing exceptional and exemplary customer service to our residents and businesses. City of Miami Page 4 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 7) Commissioner Suarez presented a Certificate of Appreciation to Elio Diaz, thanking him for his diligence, hard work and follow-up in the execution of his duties as a Technical Engineer Assistant in the Department of Public Works; honoring his wonderful commitment to civic responsibility and communal welfare by a City employee who is a source of inspiration and a wellspring of goodwill, representing the kind of vision and service that makes Miami a great place in which to live and work. Chair Gort: Okay, we're going to wait a few minutes, see if we get the other Commissioners in here; we need three for a quorum. We have a few proclamations we want to present, but we want to have the rest of the Commissioners in here. Commissioner Suarez: Good morning. Chair Gort: While we're waiting, let me read something that I read in the paper. There was an article in the Miami Herald Tuesday that really moved me. It's the story of a brave individual that fought the odds and won. Eric Compton is a Miamian that I feel deserves recognition for his unwavering efforts to succeed. This is a guy that, as a child, had a heart transplant. He never lost hope. He endured another heart transplant after suffering a massive heart attack and literally kept on swinging. Mr. Compton is a professional golfer, and this week, he's playing at the Masters, and I'm honored that he's from our great City of Miami. And another local member that trained him and coached him, Charlie De Lucca, and they come out from the Mel Reese Golf Course of the City of Miami. This is a story that can really be an instrument for young people never to give up. We always have to continue. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo MAYORAL VETOES Chair Gort: Do we have minutes to be approved? Todd B. Hannon (City Clerk): Yes, sir. I have for Commission consideration and approval the regular meeting minutes of March 12, 2015. Chair Gort: Do I have a motion? Commissioner Suarez: So moved. Chair Gort: Been moved by Commissioner Suarez. Do we have a second? Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES City of Miami Page 5 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 ORDER OF THE DAY Todd B. Hannon (City Clerk): So we can start with CA.3 if you prefer, Chair; CA.3. Victoria Mendez (City Attorney): CA.3 is -- Chair Gort: Wait a minute. Before we go on, is there any Mayor veto? Mr. Hannon: No, sir, there are no mayoral vetoes. Chair Gort: Madam Attorney, would you go over the procedures. Victoria Mendez (City Attorney): Good morning. We will now begin the regular meeting. I will state the procedures to be followed during this meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be 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 chambers; please silence those devices now. No clapping, applauding, heckling or verbal outburst in support or opposition to a speaker or his remarks or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notifir the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will either end 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. Chair, Commissioners. We would like to pull from the consent agenda item CA.4. We would like to defer to 4/23 -- that would be to April 23 -- items PH.3, RE.6, FR.1 and PZ.3. And we would like to withdraw items PZ.1, PZ.2 and D1.5. Chair Gort: DI. -- Mr. Alfonso: DI.5. Sorry. Chair Gort: I'm sorry; slowly, one more time. Mr. Alfonso: Okay. We would like to pull from the consent agenda item CA.4 or CA-4. We would like to defer to April 23 items PH.3 and RE.6, as well as FR.1 and PZ.3; withdraw items PZ.1, PZ.2 and DI.5 or DI-5. Chair Gort: Thank you, Mr. Manager. Does anyone in the -- any other Commissioner would like to pull any item? At this time, I'd like to pull for a public hearing CA.3 and CA.5. Mr. City of Miami Page 6 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Clerk, do we have any Mayor's veto? Todd B. Hannon (City Clerk): Excuse me, Chair. Do you want to go ahead and take a motion on PH 3, RE.6, FR.1 and D --? Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye.' The Commission (Collectively): Aye. Ms. Mendez: Mr. Clerk, then the PZ (Planning & Zoning) items, we'll address at 5 -- the afternoon. Mr. Hannon: At 2 o'clock. Chair Gort: In the afternoon -- Mr. Hannon: Yes, ma'am. Chair Gort: -- at 2 o'clock. The only reason we announced the PZ that are going to be withdrawn, so those people cannot sit here all day long and then not -- don't have that hearing. Okay. City of Miami Page 7 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-00302 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Procurement FURNISHING AND INSTALLATION OF AUTO GLASS AND ELECTRIC AND MANUAL WINDOW REGULATORS, FROM AFFORDABLE AUTO & TRUCK GLASS, INC. D/B/A AFFORDABLE AUTO GLASS, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING CONTRACT OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY"), BID CONTRACT NO. 5515-3/15, EFFECTIVE THROUGH DECEMBER 31, 2015, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY THE COUNTY; WITH FUNDS ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00302 Summary Form.pdf 15-00302 Back -Up Documents - MDC Contract.pdf 15-00302 Back -Up from Law Dept.pdf 15-00302 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0158 CA.2 RESOLUTION 15-00308 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Procurement PURCHASE AND INSTALLATION OF OFFICE TRAILERS, FROM VARIOUS VENDORS, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING CONTRACT OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY"), BID CONTRACT NO. 9013-1/19, EFFECTIVE THROUGH JUNE 30, 2019, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE COUNTY; WITH FUNDS ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-00308 Summary Form.pdf 15-00308 Back -Up Document - MDC Contract.pdf 15-00308 Back -Up from Law Dept.pdf 15-00308 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 8 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 CA.3 15-00330 Office of the City Attorney Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0159 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW OFFICES OF MARRERO & WYDLER FOR THE REPRESENTATION OF JEFFREY LOCKE IN THE CASE OF DAVID SCHLESINGER VS. THE CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 15-CV-20751-ALTONAGA; WITH FUNDS ALLOCATED FROM THE NON -DEPARTMENTAL ACCOUNT NUMBER 00001.980000.531010.0000.00000. 15-00330 Memo - Office of the City Attorney.pdf 15-00330 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-15-0161 Chair Gort: CA.3. Victoria Mendez (City Attorney): Thank you, Mr. Chairman. CA.3 is the City Attorney's Office request to be able to engage outside counsel in the representation of the case of Schlesinger versus City of Miami. At this time, the City Attorney's Office has a conflict, which we need to request outside counsel for assistance with, because Jeffrey Locke is also a plaintiff in a case against the City. Therefore, we need representation for Mr. Locke, as he is a part of this case wherein the City has been sued, and it's basically because we have a conflict, and that's why we need the -- Chair Gort: You're recognized, sir. Yes, sir. Sony, I had -- Mariano Cruz: Yes. Chair Gort: -- Commissioner Javier Suarez on the phone and I had to talk to him. Mr. Cruz: Mariano Cruz. Chair Gort: Yes, sir. Mr. Cruz: 1227 Northwest 26th Street. I am not a lawyer; I am an electrical engineer and entomologist. I got to study harder to become that than to study lawyer, because lawyers, they read the newspaper there, and the magazine and they become lawyers. But to become an engineer, you got to study hard, hard; you cannot be a bohemian. You got to study hard, and that's what I did. But I read the papers, and, you know, the County just paid -- they agreed to pay $9.9 million to Marjan Mazza and to the Federal Transportation Administration. And I am glad to see that the City Attorney, they working hard for us. I'm telling you, what I see here, I see City of Miami Page 9 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 that, because if we got to pay $9.9 million -- you know how American Civil Liberty works? Because I remember, if you get a dollar for the plaintiff, we can charge legal fee. How do you think Don De Leon, and Stuart Simon and all these people made their money? And you know that; you know $1 for the plaintiff you charge legal fees, and that's the way it is. And I am glad to see the City Attorney, that we're fighting this, because we can't afford to pay not 9.9 million, not even hundred thousand dollars to pay for that, and I congratulate the City Attorney Office for doing what they doing there. And, you know, I follow the agenda, I follow the papers and I see. I don't have to be an attorney. I got -- I study harder, harder to become an engineer and entomologist. Thank you very much. Chair Gort: Thank you, sir. Mr. Cruz: Thank you, thank you. Ms. Mendez: Thank you, Mr. Cruz. Chair Gort: Did you get his email? Commissioner Sarnoff.. I want to congratulate you on -- Chair Gort: You got his email? Ms. Mendez: I've been sending him information, and I hope he's getting it. Chair Gort: (UNINTELLIGIBLE) you guys win in court. Okay, great. Thank you. Commissioner Sarnoff.. I just want to know when she got her engineer's degree. Chair Gort: Anyone else? Anyone else in CA.3? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Sarnoff.. So move. Chair Gort: Moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second, Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. CA.4 RESOLUTION 15-00326 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED ON JANUARY 26, 2015, PURSUANT TO INVITATION FOR BID NO. 476327, FROM MINERVA BUNKER GEAR CLEANERS, FOR BUNKER GEAR INSPECTION, CLEANING, AND REPAIR SERVICES, ON AN AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, WITH FUNDS ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 10 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 15-00326 Summary Form.pdf 15-00326 Bid Tabulation.pdf 15-00326 Invitation For Bid.pdf 15-00326 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0162 Chair Gort: CA.5. Todd B. Hannon (City Clerk): Chair, CA.4. Chair Gort: I'm sorry; CA.4. That's all right, he already gave a speech. Thank you. Annie Perez: Yes. Good morning, Commissioners. Annie Perez, director of Procurement. CA.4 is a resolution -- Chair Gort: That's all right. The -- Ms. Perez: Okay. Chair Gort: -- person who requested to be heard, he said it's fine. Ms. Perez: Okay. Chair Gort: He already gave a speech. Ms. Perez: Okay. Chair Gort: Thank you. Commissioner Sarnoff So move, Mr. Chair. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Is it -- just to be clear -- Chair Gort: Yes. Vice Chair Hardemon: -- are we speaking of CA.5 or CA.4? We withdrew CA.4, correct? Ms. Mendez: CA.4. Ms. Perez: CA.4. Todd B. Hannon (City Clerk): And excuse me, Chair. There is a scrivener's error -- Ms. Mendez: Right. Mr. Hannon: -- that needs to be placed on the record. Chair Gort: Right. City of Miami Page 11 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Ms. Perez: Yes. The item, as it reads, says, `five years, with option to renew for two additional one-year periods." It should be, "three years, with two additional one-year periods." Thank you. Chair Gort: Okay, do I have a motion with amendment? Vice Chair Hardemon: Second. Commissioner Sarnoff. So move as amended, Mr. Chair. Chair Gort: It's moved and second as amended. Commissioner Suarez: Second. Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. CA.5 RESOLUTION 15-00329 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ACOSTA TRACTORS, INC., THE TOTAL SUM OF $300,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI ("CITY"), IN THE CASE OF ACOSTA TRACTORS, INC. V. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 14-07603 CA40, UPON THE DISMISSAL OF THE CITY WITH PREJUDICE, ADOPTING THE PARTIES' MEDIATED SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S RIGHT TO INDEMNITY AGAINST THIRD PARTIES; WITH SETTLEMENT FUNDS ALLOCATED FROM ACCOUNT NO. 50001.301001.545013. 15-00329 Memo - Office of the City Attorney.pdf 15-00329 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0163 Chair Gort: That's the consent, all right. Todd B. Hannon (City Clerk): And then we do need to move on to CA.5, since we pulled it from the consent agenda. Commissioner Suarez: We did; CA.5? Mr. Hannon: Yes, sir. I believe Mr. Cruz wanted to speak on the item, but he's good to go now. Chair Gort: Yeah. He said he already -- City of Miami Page 12 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mariano Cruz: (UNINTELLIGIBLE). Chair Gort: Okay, thank you. Mr. Cruz: You know, I got to use my time. (UNINTELLIGIBLE) Listen to me, listen. Chair Gort: No, no, wait a minute. You have to go to the mike if you -- Mr. Cruz: Yeah. (UNINTELLIGIBLE). So I am going to sing him "Las Mayanitas." (Singing in Spanish). Commissioner Suarez: Mariano? Mr. Cruz: It's his birthday. Chair Gort: Mariano, I understand it's -- we already -- we all sang -- Mr. Cruz: Happy birthday. Chair Gort: Okay. Thank you. We already gave him a happy birthday. Thank you. Do I have a motion? Commissioner Sarnoff. So move. Commissioner Suarez: So moved. Chair Gort: Been moved by -- this will be CA.5, correct? Mr. Hannon: CA.5, yes, sir. Chair Gort: Okay. It's been moved by Commissioner Suarez. There's a second? Commissioner Sarnoff. Second. Chair Gort: By Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. CA.6 RESOLUTION 15-00156 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney PAYMENT OF ATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF $117,002.40, TO RONALD J. COHEN, ESQ., OF RICE, PUGATCH, ROBINSON, P.A., AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF SHANIKAA. GRAVES, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TRAVIS MCNEIL, AND ON BEHALF OF THE ESTATE OF TRAVIS MCNEILAND THE SURVIVORS OF THE ESTATE, T.M. AND K.J.P. V. CITY OF MIAMI, A MUNICIPALITY OF THE STATE OF FLORIDAAND REYNALDO GOYOS V. UNITED STATES OFAMERICA, CASE NO. 13-22501 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF City of Miami Page 13 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 FLORIDA; WITH FUNDS ALLOCATED FROM ACCOUNT NO. 50001.301001.545010.0000.00000. 15-00156 Memo - Office of the City Attorney.pdf 15-00156 Memo - Budget Sign-Off.pdf 15-00156 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0160 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo END OF CONSENT AGENDA Todd B. Hannon (City Clerk): Chair, if you'd like to move on to the consent agenda, you've pulled CA.3, CA.4 -- Commissioner Suarez: Do you want me to move -- what about the minutes? Mr. Hannon: We'll get to that. Because we have so much going on with the consent agenda, we might as well address it right now. Chair Gort: All right. Mr. Hannon: So right now, we have CA.3, 4 and 5 that were pulled from the consent agenda; however, if you want to take a vote on the remaining items on the consent agenda -- Chair Gort: Do I have a motion? Commissioner Suarez: I move the remaining items -- Chair Gort: Moved by -- Commissioner Suarez: -- 1, 2 and 5. Chair Gort: -- Suarez. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION City of Miami Page 14 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 15-00303 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING, AT NO COST, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 139 SQUARE FEET OF CITY OF MIAMI-OWNED LAND, LOCATED AT 1338 NORTHWEST 2 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CONSUMMATE SUCH CONVEYANCE, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. 15-00303 Summary Form.pdf 15-00303 Notice to the Public.pdf 15-00303 Legislation.pdf 15-00303 Exhibit A.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-15-0164 Chair Gort: PH.1 was pulled; am I correct? You didn't pull PH.1 ? Todd B. Hannon (City Clerk): No, sir. It's -- Daniel J. Alfonso (City Manager): No. Mr. Hannon: -- it was PH.3 that was pulled. Chair Gort: PH.3. Mr. Alfonso: No, we are doing PH.1. Chair Gort: PH 1. Mark Burns: Morning, Commissioners. Mark Burns, Lease Manager with the Department of Real Estate & Asset Management. PH.1 is a resolution for the conveyance of 139 square foot of City -owned CLUC-90 (County Land Usage Code) property, located at 1338 Northwest 2nd Avenue to Florida Department of Transportation. This is to be used for the 1-395 Expansion Project. Commissioner Suarez: So moved. Chair Gort: Thank you. It's a public hearing. It's a motion by Commissioner Suarez. Commissioner Sarnoff. Second. Chair Gort: Is there a second? Second by Commissioner Sarnoff. It's a public hearing. Is City of Miami Page 15 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 anyone in the public would like to address PH.1 ? Seeing none, hearing none, close the public hearing. Discussion? Vice Chair Hardemon: I have a quick question. Chair Gort: Yes, sir. Vice Chair Hardemon: At what point did they identify this piece of property as the property they want to take for the expansion? Mr. Burns: I was not involved at that point. I'd have to get you that information; I'm not sure. Vice Chair Hardemon: Do you anticipate any other parcels of property that FDOT (Florida Department of Transportation) wants to build the (UNINTELLIGIBLE)? Mr. Burns: I do not. Vice Chair Hardemon: No? Okay, no further questions. No further questions. Chair Gort: Further? There was a motion and a second, right? Vice Chair Hardemon: Yeah. Chair Gort: And all in favor, state it by saying "aye.' The Commission (Collectively): Aye. PH.2 RESOLUTION 15-00305 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY ONE THOUSAND EIGHT HUNDRED NINE (1,809) SQUARE FEET, TWELVE (12) FOOT WIDE, OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 5215 NORTHEAST 7 AVENUE, MIAMI, FLORIDA (KNOWN AS MORNINGSIDE PARK), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN WATER FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. 15-00305 Summary Form.pdf 15-00305 Notice to the Public.pdf 15-00305 Legislation.pdf 15-00305 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 16 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PH.2 was continued to the May 14, 2015 Regular City Commission Meeting. Chair Gort: PH.2. Mark Burns (Lease Manager, Department of Real Estate & Asset Management): PH.2 is a resolution authorizing the City Manager to execute a perpetual non-exclusive easement to Miami -Dade Water & Sewer Department, consisting of 1,809 square foot at Morningside Park. Commissioner Suarez: Move it. Chair Gort: Thank you. It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. It's a public hearing. Yes, sir, you're recognized. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. A minor point; hopefully, it's just a small clerical error. In the agenda listing for this item, it lists the address of Morningside Park as being 5215 Northeast 15 Ave. (Avenue). That may be incorrect. I believe that address would be in Biscayne Bay. I don't know if you need to clam that prior to -- Commissioner Sarnoff You're right. Mr. Cruz: -- doing what you're doing. Thank you. Commissioner Suarez: My -- Chair Gort: Thank you, Mr. Cruz. Commissioner Suarez: As amended to reflect the correct address of the park. Chair Gort: The motion, as amended -- Commissioner Sarnoff Seconder accepts. Chair Gort: Is any further discussion? Victoria Mendez (City Attorney): Just to -- Chair Gort: Is anyone in the public? Yes. Ms. Mendez: I'm sorry, Chairman. Just to clam, if the address is incorrect, the exhibit -- I need to make sure that the exhibit was correct, just for advertising purposes, and I'll find that out shortly while you're having any public input. Chair Gort: Okay. There's no more public input. Commissioner Sarnoff Want to table it? Commissioner Suarez: We can table it. Chair Gort: Table it. City of Miami Page 17 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Later... Chair Gort: RE.1. Ms. Mendez: Chairman, if we could -- I'm sorry -- if we could just go back to two items that I think -- one, we tabled, which was the Morningside Park item; if we can defer that item to -- I don't know -- it would be 5/14. Apparently, there was an advertising issue on the actual ad, which was a different address from even the one that was on our resolution, so just to be clear, we wanted to re -advertise that, but I believe, then, it would have to come back on 5/14 again, because the advertising for 4/23 has already been met. Commissioner Sarnoff.. So move. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Mendez: Thank you. PH.3 RESOLUTION 15-00395 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "GARDEN PARK ON THE BAY" ("PLAT"), A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1" ("PROPERTY"), SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, THE RECORDATION OF A SPECIAL WARRANTY DEED, AS DESCRIBED IN "ATTACHMENT2," ATTACHED AND INCORPORATED, TO CONVEY THE PROPERTY PRIOR TO RECORDATION OF THE PLAT, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT, WITH THE APPLICANT; 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. 15-00395 Summary Form.pdf 15-00395 Notice to the Public.pdf 15-00395 Back -Up Documents.pdf 15-00395 Legislation.pdf 15-00395 Attachment 1.pdf 15-00395 Exhibit A.pdf 15-00395 Attachment 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo City of Miami Page 18 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 SR.1 15-00011 Department of Planning and Zoning Commission Meeting. END OF PUBLIC HEARINGS SECOND READING ORDINANCES ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," MORE PARTICULARLY BY AMENDING SECTION 23-4 BY REFINING THE PROCESS BY WHICH PROPERTIES ARE NOMINATED TO BE EVALUATED FOR DESIGNATION; SECTION 23-6 BY RESTRICTING CERTAIN USES IN THE MIAMI MODERN/BISCAYNE HISTORIC DISTRICT; AND UPDATING THE MULTIPLIER USED IN THE TRANSFER OF DEVELOPMENT RIGHTS CALCULATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 15-00011 Summary Form SR.pdf 15-00011 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13512 Chair Gort: We go to second reading. Alice Bravo: Good morning. Alice Bravo, Deputy City Manager. SR.1 is an ordinance of the Miami City Commission, Chapter 23, entitled "Historic Preservation, " refining the process by which properties are nominated to be validated for a designation; restricting certain uses; the Miami Modern Biscayne Historic District; and updating the multiplier used in the transfer of development rights calculations. Commissioner Suarez: Move it. Commissioner Sarnoff. Second Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Commissioner Sarnoff. This -- where is the --? Chair Gort: Where is the explanation? Commissioner Sarnoff. Can I be heard, Mr. Chair? Chair Gort: Sure, go ahead. Commissioner Sarnoff. Mr. Garcia, we were going to take out the suggestion of T5 to give you opportunity to bring that back at a future meeting. Has that been done? City of Miami Page 19 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Francisco Garcia (Director, Planning & Zoning): There is -- Commissioner Sarnoff For purposes -- Mr. Garcia: I understand. For the record, Francisco Garcia, Planning & Zoning director. There are no amendments being made at present for T5 or T4 increasing the development capacity for transfer of development right purposes. That action, as noted previously, would have to previously be heard by the Planning, Zoning & Appeals Board, so what we did is we bifurcated that element of it. What remains in the ordinance -- Commissioner Sarnoff Right. Mr. Garcia: -- just for clarity's sake, is a restriction on the uses that can be implemented within the MiMo (Miami Modern) Historic District. That, we feel -- it certainly was before you on first reading -- and that, we feel, is well supported by the affected stakeholders and we'd like for you to consider it for approval. Chair Gort: Now, my understanding, this is going to apply throughout the whole City. Mr. Garcia: Some parts of this amendment do -- Chair Gort: Some parts do. Mr. Garcia: -- some don't. Chair Gort: I understand; some are very exclusive for Biscayne Boulevard in that section there. Mr. Garcia: That's correct. Chair Gort: But this -- my question is: You have individual that have made -- bought a house or been in a home for a while, and all of a sudden, somebody wants to declare them historical without the owner's concern on that. What are the benefits for the owners? Because to maintain an historic homes -- and we've done quite a few in the City of Miami at a very high cost -- what is the benefit for the property owner? Mr. Garcia: To have their residence designated historic? Chair Gort: Right. Who's going to provide the funding to go ahead and -- Mr. Garcia: Right. Chair Gort: -- fix those homes? Because they're kind of old and they -- Mr. Garcia: All right. So there are a few issues entailed by that question, and I'll try to answer them as I can think of them. Single-family residential properties are rarely individually designated; they are typically designated as part of a historic district. Chair Gort: We had two Wednesday. Mr. Garcia: I'm sorry? Chair Gort: We had two Wednesday, but go ahead Mr. Garcia: Fair -- that is correct. And I was about to get -- then it gets to the exception. When they are of exceptional historic value -- right? -- then we think of it in terms of those properties City of Miami Page 20 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 really being a legacy structure to the City, and we then invoke at least the possibility to propose the nomination of those structures. Chair Gort: Right. Mr. Garcia: There are tax exemptions available; there are funds available through the City, State and Federal Government to help with the restoration of those structures. But to us, the intent to preserve those significant structures is so high that we would like to retain the ability to be able to designate them, and we'll certainly -- as we always do -- work with the property owner to try to guide them as to how to better maintain it. And I want to take advantage of this opportunity to also say -- and then I'll let you ask me more questions about this visive of interest -- we have heard from neighborhood associations that are concerned about their neighborhoods being designated historic against their wishes -- I can cite examples -- and we are ready to present to you some language that we feel address those concerns, but I'm veering off the topic, so I yield back to you, sir. Chair Gort: Also, my understanding, Coral Gable has the -- in the Building Department somewhere -- the -- being able to let people know when they're going to buy a property that that property could be historical, and they should know. They should be informed, because I think if someone comes here, make an investment, buys the property, looks for things that they would like to do, and all of a sudden, they go to the Building Department, get certain permits, then other permits says, "Wait a minute, you can't do it." So one tells you "yes" and then the other tells you -- so we got to get our thing together. Mr. Garcia: I agree and -- Chair Gort: We got to come up with some kind of resolution so the people, when they buy a property, they're aware that this is a historical -- Mr. Garcia: I agree. The information -- I will tell you two things, Mr. Chairman. The information is readily available, but we understand that not everyone has immediate access or easy access to the internet or to other documents. The only other way we know to do it is to actually have that recorded in the public records, and that's something that we will certainly explore. Chair Gort: Okay. Commissioner Suarez: Mr. Chair -- Chair Gort: Thank you. Commissioner Suarez: -- ifI may? Chair Gort: Yes, sir, you're recognized. Commissioner Suarez: Thank you. Just quickly, as a real estate lawyer, I really sympathize with the point that you just made. I think, you know, a lot of times, ifa -- if someone comes to talk to me about a property, I'm very straightforward in my district. I tell them, "Do not expect there to be any changes. Don't buy the property with the expectation that there's going to be a change." If they want to take that risk, that's on them. But there have been circumstances where a buyer is told "X, " they buy -- by the City, I'm saying -- and then when -- after they buy, they're told "Y." You know, they're told something else. And I know that, unfortunately for them, they may not have a cognizable legal claim against the City, because the City can change its mind, essentially, without there being any sort of -- supposedly any sort of liability to the City. But you're absolutely right, Mr. Chair. I think, you know, we should strive to create a transparent system so City of Miami Page 21 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 that property owners can buy property, knowing what the impact of the purchase is. Thank you. Chair Gort: Thank you. Any -- yes, sir. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. Just to respond to your concerns, Commissioner Gort, I live in the Morningside Historic District. It's been historic for over 30 years. I can tell you, unequivocably [sic], Morningside, having been designated a historic district, is the best thing that ever happened to my neighborhood. I understand the concerns you raised; they come up quite often in this discussion. First of all, historic preservation designation does not require a homeowner to do anything. What it means is if a property owner does want to do something, it should be done in a manner that preserves the historic integrity. Chair Gort: I understand all that. Mr. Cruz: Okay. As far as, "Where's the money come from? " again, it doesn't require you to do anything. And "What is the benefit?" Huge benefit. Chair Gort: I'm aware of that. Mr. Cruz: Okay. Chair Gort: I know Morningside. I walked it -- Mr. Cruz: Thank you. Chair Gort: -- back in the '90s. I walked it and I think it's a beautiful neighborhood. When you bought in there, knowing that it was a historical -- Mr. Cruz: Actually, no. Chair Gort: -- facility [sic]. Mr. Cruz: I predate the historic district. Chair Gort: Well, you predate it because you've been here a long time. Mr. Cruz: '77, sir. Chair Gort: But you went along with it, so. Mr. Cruz: Yes. Chair Gort: I'm talking about a person that goes into the neighborhood, buys a property, and all of a sudden, one of the neighbors comes up and says, "Hey, we got to name" -- "create the historic site for that house." Mr. Cruz: Right. Again, they're looking -- whenever you go to have a baby, do you consider the beauty of the baby, or do you consider the diaper? The diaper's a small portion of the big picture. And there's so many positive benefits that come from it that I think they're missing the big picture. Chair Gort: No, no, I'm not missing the big pictures. I just meant the person that makes an investment -- City of Miami Page 22 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mr. Cruz: Right. Chair Gort: -- and all of a sudden, then after he makes the investment, he goes and pulls the permit, and then they tell him after it's been done, "No, you can't do it." Mr. Cruz: You mean because they were not -- Chair Gort: (UNINTELLIGIBLE) Mr. Cruz: -- informed up front -- Chair Gort: Yes. Mr. Cruz: -- that it was historically designated? Chair Gort: Right, right, right. Mr. Cruz: Okay. Chair Gort: Yes. Mr. Cruz: I understand completely. That has come up -- Chair Gort: Different from Morningside. Mr. Cruz: Yes. That has come up, and there needs to be a mechanism whereby the property records show that it is a historic district, and that was being worked on during the Alexander Adams administration of -- in the historic preservation section. And you're right; we did add a couple more districts just the other day. Commissioner Sarnoff I think Commissioner Gort's concern is the one -offs. How does a one-off house get declared -- by the way, President Madero could do it under our existing Code; Fidel Castro could do it; Putin could do it. Anyone in the world could turn around, write a letter and start the process. His concern is there's nothing to indicate to anyone that you're in a district, you're in a place, you're in a section, and the next thing he knows -- like supposing I was mad at Commissioner Gort; supposing I knew he wanted to do some work on his house, andI wrote to Planning director and said, `I'd like to declare Commissioner Gort's house historic." I've just frozen him in time. Till that process unwinds, I've frozen him in time. That's his concern. Chair Gort: Yeah. Commissioner Suarez: Totally legitimate. Chair Gort: That's it. You're going to address this issue we're discussing now? Mr. Cruz: Yes, sir. Chair Gort: Okay. Mr. Cruz: Regarding the part in the legislation that would no longer allow a single citizen to -- not declare -- but propose legislation or propose designation, I should say. Let me remind everybody -- and again, you're only looking at the bad possibilities -- St. Gauden's Road That was one individual who saw that. And, yes, it did get frozen in time, but that was beneficial. So I would ask you to not throw out the baby with the bathwater. And regarding the changes to the TDR's (Transfer of Development Rights) in the MiMo District, I'm very disappointed that that got City of Miami Page 23 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 pulled out. Apparently, there's a procedural thing, because it didn't go through the -- Commissioner Sarnoff No, it's coming back. Mr. Cruz: Okay. Commissioner Sarnoff But we're just giving him the opportunity -- sorry. Is it all right? Chair Gort: No, that's -- yes, sir. Commissioner Sarnoff We're just giving him the opportunity to go in front of the Morningside Board again and make his proposal. It will come back. Mr. Cruz: The Morningside or the PZAB (Planning, Zoning & Appeals Board)? Commissioner Sarnoff I believe he's going to the Morningside Board one more time and then -- Mr. Garcia: And the MiMo, as well. Commissioner Sarnoff Right. If he gets a favorable inclination from then, he wants to go through a process different. We'll see how that turns out. It will come back to us, and it will come back to us either with the language that was proposed, your amendment language; or it will come back to us with the language that Francisco Garcia's proposing. I suspect it's going to come back with your language. Mr. Cruz: Thank you. Commissioner Sarnoff Just my suspicion. Mr. Cruz: Well, it wasn't my language, by the way; it was Lucia Dougherty's. Commissioner Sarnoff Oh, it's Lucia Dougherty's. I think it was the first time I saw the two of you talk. Mr. Cruz: Yeah. We talk from time to time, and we actually agreed on this one. Commissioner Sarnoff I saw you guys go to dinner, too. Chair Gort: Thank you. Commissioner Sarnoff I don't want to out you on that. Chair Gort: Thank you, sir. Mr. Cruz: Thank you, sir. Lastly, you -- just if I may, about 10 seconds -- yes, you did increase the amount of historic properties just the other day. I would strongly urge the City to consider increasing the number of staff people in the historic preservation section, because they're understaffed at the moment; they got a lot of work on their plate. Thank you. Chair Gort: Thank you. Any further discussion? Mr. Garcia: If I may, because, again, we've heard over the last couple of weeks, between first reading and second reading, from some neighborhood associations that are concerned about not being duly involved in the designation process. So to give you an example -- and I had many conversations with Belle Meade residents -- some representative of Belle Meade who said, City of Miami Page 24 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 "Look, in the past, the City has tried to designate our neighborhood historic, and there is a mixed feeling about it within the neighborhood, " and I know this applies to other neighborhoods, as well. So what I would like to do is to propose some language we have drafted; it's very brief and I'll read it into the record -- Chair Gort: Sure. Mr. Garcia: -- for your consideration, if I may. The additional language proposed would be this: In Section 23-4, Sub -Section "C, "I will begin with the language that is already there, which says: "The City Manager; resolution to the Planning, Zoning & Appeals Board; resolution of the City Commission; the property owner; resolution of the County Historic Preservation Board; resolution of any organization that has been registered 'not profit' in the State of Florida for at least five years with a recognized interest in historic preservation, or the Preservation Officer," period. Those are the entities that can properly request the designation. And then it says right after that: "In" -- this is new language -- "those instances when a historic district is being considered, the Preservation Office shall conduct outreach involving all relevant homeowner associations and neighborhood associations ultimately ascertaining their level of support by way of a resolution or vote. Said level of support shall be taken into consideration by staff and members of the Historic & Environmental Preservation Board when evaluating any proposed historic district designation, " full stop. Commissioner Sarnoff Seconder accepts that -- Chair Gort: Thank you. Commissioner Sarnoff -- if the maker accepts. Chair Gort: The maker of the motion accepts the amendment? Commissioner Suarez: I don't know who the maker -- who was the maker? Chair Gort: Okay, I think it's someone else in the public that would like to -- Mr. Clerk? Commissioner Suarez: Who was the maker? Was I the maker? Yes, yes, I accept it. Chair Gort: Mr. Clerk, do we have a couple of speakers? Todd B. Hannon (City Clerk): Yes, sir. I have two additional speakers signed up: Dolly McIntyre and Seth Sklarey. Chair Gort: Yes, ma'am. Dolly McIntyre: Good morning, Commissioners. My name is Dolly McIntyre. I live at 409 Vizcaya Avenue in Coral Gables. The Board of Trustees of Dade Heritage Trust requests that the Commission add neighborhood associations or a group of five citizens to those entities which may nominate a site for historic designation. Citizens are feeling disenfranchised by the current proposal; and we feel that these additions to the ordinance accomplish the desired goal of avoiding frivolous nominations, but it doesn't cut out interested citizens in the process. Please add neighborhood associations or a group of five citizens to those entities that may initiate the designation process. They don't stop anything; they start it, but it doesn't stop the property owner until action is taken by the City. Now, I've been involved in preservation for 50 years, and in Miami, it's an uphill battle. I've been pushing up that hill for a long time, and I'm getting tired Please don't make the hill any higher or steeper by making it harder to make places that are special part of our heritage. Thank you. City of Miami Page 25 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: Thank you, ma'am. Next. Seth Sklarey: Morning. Seth Sklarey, P.O. (post office) Box 332172, Coconut Grove, Florida. One thing that deeply troubles me, I'm a very strong believer in equal protection of the law, and what you're doing in this ordinance is to remove an individual from being able to propose a historical designation. Now, if Fidel Castro, as Commissioner Sarnoff stated, wanted -- you know, suggested that my house be designated as historic, it still has to go through a process, and the process is a long process, and there are some safeguards within the process. But by removing the ability of an individual to do -- to suggest it, I think is wrong. Number two: There are property rights involved so that if a property is designated historic, it removes some of the things that a property owner could do; it's a property right. And if you're doing that, I think that a property owner should be compensated for the loss of value that results as -- from a historical designation. It's something to think about. The other thing is, although a historical designation, I would presume, would show up in a title search, you know, perhaps you can have a small plaque if a house or an area is designated as historic; you know, "You're now entering the Morningside Historic District, " or "This house was historic because it was," you know, "architecturally significant because of this architect, " or something like that. It would just put people on notice, and I think it would be a little fairer. So I respectfully request that you remove the restriction on individuals, because when you give it to a homeowners group, you know, sometimes, there's infighting; sometimes, there's -- they don't like a neighbor that -- they could do all sorts of things, so it's a slippery slope. Thank you. Chair Gort: Thank you, sir. We now close the public hearings. Any further discussion? All in favor? Mr. Hannon: Chair -- Commissioner Sarnoff. It's a -- Chair Gort: It's an ordinance. Commissioner Sarnoff -- ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 4-0. Chair Gort: Thank you. SR.2 ORDINANCE Second Reading 15-00317 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Procurement 42/ARTICLE IV/DIVISION 2 AND CHAPTER 42/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/NONCONSENSUAL TOWING OF MOTOR VEHICLES FROM PRIVATE PROPERTY," AND "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/POLICE TOWS AND DEPARTMENT OF OFF-STREET PARKING TOWS" RESPECTIVELY, MORE PARTICULARLY BY AMENDING SECTIONS 42-110 AND 42-119 IN ORDER TO ADOPT THE MAXIMUM City of Miami Page 26 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 TOWING RATES AS ESTABLISHED BY MIAMI-DADE COUNTY FOR RECOVERING, TOWING, REMOVING, AND STORING OF MOTOR VEHICLES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00317 Summary Form SR.pdf 15-00317 Back -Up - MDC Towing Rates FR/SR.pdf 15-00317 Pre -Legislation FR/SR.pdf 15-00317 Legislation FR/SR.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 13513 Chair Gort: Okay, SR.2. Annie Perez: Annie Perez, director of Procurement. SR.2 is an ordinance amending chapter -- Chair Gort: Hold it, hold it, hold on a minute. We did vote on it, right? We did vote? Todd B. Hannon (City Clerk): Good to go, sir. Chair Gort: Yeah. I mean, we voted on it. Commissioner Sarnoff.. I thought you were going to bring up the finding to Marine Stadium for Chair Gort: No, that's going to be a discussion item later. Commissioner Sarnoff.. Okay. I misunderstood. Chair Gort: That's DI1. Yes, ma'am. Ms. Perez: Okay, yes. It's -- SR.2 is an ordinance of the Miami City Commission amending Chapter 42, Article IV, Divisions 2 and 4. It is adopting the maximum towing rates as established by Miami -Dade County for recovering, towing, removing and storing of motor vehicles; containing a severability clause and providing for an immediate effective date. Commissioner Suarez: So move. Chair Gort: Thank you. Commissioner Suarez: Restating my comments on first reading. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff.. Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, call the question. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 27 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: Thank you. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Call the question. Mr. Hannon: Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passed on second reading, 4-0. SR.3 ORDINANCE 15-00058 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sarnoff ENTITLED "OFFENSES -MISCELLANEOUS," MORE PARTICULARLY BY ADDING A NEW SECTION TO PROHIBIT CAMPING ON PUBLIC PROPERTY; PROVIDING FOR DEFINITIONS AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-00058 Legislation SR (V3).pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item SR.3 was deferred to the September 10, 2015 Regular City Commission Meeting. Commissioner Sarnoff Mr. Chair, there's also a pending issue on SR.3, which was the camping issue. I'm -- I'd like to make a motion to defer this for five months. Vice Chair Hardemon: Second. Chair Gort: Okay, there's a motion to defer by Commissioner Sarnoff second by Vice Chairman Hardemon. 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 FR.1 ORDINANCE First Reading 15-00309 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE Clerk HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ARTICLE XI/DIVISION 14, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD," SECTIONS 2-1201 THROUGH 2-1207, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, City of Miami Page 28 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(b) and 2-892(4)(g)(1) TO DELETE SAID BOARD; CONTAININGA SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00309 Summary Form SR.pdf 15-00309 Pre -Legislation FR/SR.pdf 15-00309 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item FR.1 was deferred to the April 23, 2015 Planning and Zoning City Commission Meeting. FR.2 ORDINANCE First Reading 15-00091 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", TO ESTABLISH CERTAIN FEES RELATED TO THE LOCATION OF CONSTRUCTION EQUIPMENT AND STORAGE OF MATERIALS AND SUPPLIES WITHIN A TEMPORARY OBSTRUCTION OR CLOSURE OF A STREET OR SIDEWALK AREAAND TO INCLUDE A PROCEDURE AND FEE TO PERMIT BANNERS OR WINDSCREENS CONTAINING CERTAIN ADVERTISING ON TEMPORARY CONSTRUCTION FENCES LOCATED IN THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-00091 Summary Form SR.pdf 15-00091 Legislation SR (V2).pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: FR.1, my understanding it was pulled? Todd B. Hannon (City Clerk): That is correct, sir; it was deferred. Daniel J. Alfonso (City Manager): Yes. Victoria Mendez (City Attorney): Yes. Chair Gort: FR.2. Eduardo Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. FR.2 is an ordinance amending Chapter 54, Article I of the City Code to establish fees related to the location of construction equipment and storage materials and supplies within temporary obstruction or a closure of a street or sidewalk area, and to provide a procedure and fee to permit banners and wind screens containing advertising of the adjacent development to be affixed on temporary construction fences located in the public right-of-way. City of Miami Page 29 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? Commissioner Sarnoff Second; discussion. Chair Gort: Second by Commissioner Sarnoff. Discussion. You're recognized. Commissioner Sarnoff We didn't have a chance to meet, but I want to make sure that with regard to what is allowed to be put on the banner or the wind screen that it is merely for that site. Mr. Santamaria: That's correct, sir. Commissioner Sarnoff Can't put a Pepsi up there; can't put -- Mr. Santamaria: Tequila, no. Commissioner Sarnoff -- political advertisement; nothing other than "Come by at (UNINTELLIGIBLE) hour, " or something like that. Mr. Santamaria: That's correct, sir. Commissioner Sarnoff Okay. Victoria Mendez (City Attorney): We may, between first and second reading, just to make sure we clam the -- whether it's going to be called a banner or a wind screen only, just to be clear; that might be a change between first and second. But, yes, this is only onsite advertising for the construction site; move in no other type of advertising. Chair Gort: Question. Commissioner Sarnoff I want to make sure about that. Chair Gort: When they pull a permit, you will set out certain criteria, because people pull permits, close sidewalks, they don't provide safety-ness [sic] for the people walking within the area and they block the area. A lot of the people in charge of that part are not really the best to be informed. So I want to make sure that whenever they close the street or they close the sidewalk, the procedures takes place that they have to provide some kind of safety for the walking. Mr. Santamaria: Commissioner, whenever there is a closure of the public right-of-way involving a construction site, we have an approved (UNINTELLIGIBLE) that they must follow and other requirements, and these sites get monitored on a regular basis to make sure that they're in compliance. Chair Gort: Thank you. Anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Do we have a motion? Commissioner Suarez: Yeah, we have a motion. Chair Gort: And a second? Commissioner Suarez: Yep. City of Miami Page 30 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item FR.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. FR.3 ORDINANCE 15-00356 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION" MORE PARTICULARLY BY AMENDING SECTION 23-6.4 ENTITLED "SIGNAGE," TO CLARIFY THE DEFINITION OF GATEWAY SIGN, AND TO EXEMPT GATEWAY SIGNS FROM CERTAIN REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00356 Legislation FR/SR.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Chair Gort: FR.3. Commissioner Suarez: Move it for discussion. Chair Gort: Moved by Commissioner Suarez. Is there a second? Second by Vice Chairman Hardemon. Commissioner Suarez: Wow. Thank you, Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Yeah, just very briefly, this is something that has been discussed for many, many months -- I would say even over a year -- and it's just an attempt to do two things: Number one, and most importantly, mark the entranceways to some of the historic neighborhoods in our City, which have already had historically some sort of a feature type gateway sign; and secondly, to help small business owners who actually go through the process of getting someone to do some sort of artistic representation, make, you know, a small amount of money, a very small commercial component so that they can subsidize the sign and their small business. City of Miami Page 31 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: Okay. Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you very much. Mr. Chairman, I am a co-sponsor with Commissioner Suarez of this item in your agenda, because I think it's important; not only what Commissioner Suarez say, but also, because of past experiences. As a City Commission for District 4 for many, many years, I try to do some kind of gateway for Coral Way. I remember that I was always chastised by people that are saying, "Look, we cross 37th Avenue, and we have beautiful Miracle Mile, and what I find when I go into Historic Coral Way, it's a huge advertising of a pawnshop; not to diminish the importance of a pawnshop, but this is what you saw. Then when we were able to have quality of life for each district, money for each district, I wanted to do something. And at the time, there was a Blockbuster and Sears, and I sort of thought about doing something that -- like an entrance, like a Coral Gables type, or like a Hialeah type, where you enter Coral Way. Well, Sears didn't want to lose one or two parking spaces, and they wouldn't give the space to do part of the gateway; and Blockbuster at the time didn't want to do it. So now that we have a Chase Bank there, we have a very modest, very small -- Commissioner Suarez: That was difficult, 171 tell you. Mayor Regalado: -- yeah, it is difficult. I wear glasses, and I have to put my glasses when I drive through that. So when you have a historic business that has been for 40, 45 years in the same place, serving the residents in good times and bad times; that, as Commissioner Suarez says, figure out the way to get an artist to showcase that you're entering Little Havana, because, by the way, the natural boundaries of Little Havana are known to be 27th Avenue; nobody knows why, but that is why has been established. Chair Gort: 171 tell you why in a little while. Mayor Regalado: Yeah; the Latin quarters and all that, it is a historic district. So this has nothing to do with murals, or billboards, or companies, or anything, because it's just -- showcase a neighborhood and I think that Little Havana does deserve. Yes, in the future, if we have money and possibility, should we do more grandiose gateways throughout the City? Of course. But I think it's important that the Commission considers this way that is thinking outside the box to showcase a very historic area of the City of Miami, so this is why I am in support, and I ask the Commission to support this ordinance. Chair Gort: Thank you, Mr. Mayor. Anyone else? Yes, Mr. Cruz; I'll speak after you. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street, a resident of the City of Miami. I am not a taxpayer, but I am a resident, which is good. I don't have to pay taxes. All of you -- yesterday, whenever I receive all my checks paid by you, thank you. Thank you, all of you, for paying my money, my Federal money. But in this historical thing, I -- when I was in the army, it was an integration inside the army by executive order by President Truman. When I was there in South Carolina, in Fort Jackson, inside Fort Jackson, there was integration. Outside, you got to whistle "Dixie" when you went in Columbia, because it was during integration. But all this historical -- I don't like to become another ministry -- a secretary, a director, an assistant director or whatever you got because I were working in property, historical, and we cannot even touch it, because it cost us more money to rebuild it to the way it was than to raze the property and build new. So I think in all this thing, you got to be realistic about what is good for the community or what is not good for the community. But what they doing, I don't know exactly, but where they going to do the historical thing? They going to take care of the property the way -- because I remember the gas station on 16 and Flagler, when they went to renew, they got to rebuild the bathroom, colored bathroom, and white people, and all that, because that was the way it was; that was the way, historical. You think that's according to 2015? No, but that's it; that's going to be historical. So I want to make sure that whatever is historical be "tam bien" City of Miami Page 32 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 history, because, remember, the people that don't remember history, they come then to repeat the mistake of the past. And we have had plenty of mistake. Chair Gort: Thank you, sir. Mr. Cruz: Thank you. Chair Gort: Thank you. Mr. Cruz: You didn't say that to Suarez. He doesn't even live in Miami. Chair Gort: Thank you, sir. Thank you. Mr. Cruz: I'm going to run against you. Chair Gort: Listen -- Mr. Cruz: You will see. Chair Gort: No problem; you're welcome to. Commissioner Suarez: I live in Miami. Chair Gort: You're welcome to. Let me tell you a little story. Back in 1959, we had a business in 16th Street, 1602 Southwest 8th Street, Gort Studios. Through the Chamber of Commerce, we were nicknamed "Little Havana." And we thought, "What can we do here to create a tourist attraction? " As you travel throughout the world -- when you go to San Francisco; you go to the French Quarters; you go to New York; you go to Little Haiti; you go to Chinatown, and you got all these different individuals. You travel throughout the country, you go to all this ethnic tourism that takes place. Little Havana -- it took us a long time, but right now, if you go to Southwest 8th Street, what is called "The Latin Quarter," you have anywhere from 10 to 15 buses in that area, full of tourist. Not only is it bring people to Miami, but also, it brings economic development to certain neighborhood. And I know we're working on Overtown, we're working Little Haiti, we have -- right now, we're working in Little Santo Domingo and Allapattah, and try to create tourist attraction by using the different ethnic groups that we have and residents through our area. I personal -- my understanding is -- and correct me ifI'm wrong -- this is only to be utilized and they can only put the signs very little. So, Francisco, could you go over and explain it? Because I don't want people to think that this is just another -- Francisco Garcia: So I believe your question -- for the record, Francisco Garcia, Planning & Zoning director. And I believe your question, Mr. Chairman, is regarding the implementation -- Chair Gort: The implementation of it, yes. Mr. Garcia: -- signage. So there is language in this ordinance that makes reference to areas of cultural relevance, historic districts, et cetera. And I know the intent to the item is to have it apply in those areas. What I've committed to all those who have asked is that we are happy to hone in the language further to make sure that it does exactly that. Chair Gort: Thank you. Mr. Garcia: Thank you, sir. Chair Gort: Anyone else in the public? Seeing none, hearing none, close the public hearing. Ordinance. City of Miami Page 33 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 The Ordinance was read by title into the public record by the City Attorney. Nicole N. Ewan (Assistant City Clerk): Roll call on item FR.3 A roll call was taken, the result of which is stated above. Ms. Ewan: The ordinance passes on first reading, 4-0. Chair Gort: Thankyou. Daniel J. Alfonso (City Manager): Mr. Chairman? Chair Gort: Yes, sir. Mr. Alfonso: Mr. Chairman, in order for us to have a little bit of time when this item comes back, can we request that this not come back at the very next meeting, but in the second meeting from now so that we can have a little bit of time to --? Chair Gort: Sure. Mr. Alfonso: Thank you. Chair Gort: Is that an amendment to the motion? Victoria Mendez (City Attorney): So the first meeting in May? Mr. Alfonso: Correct. Ms. Mendez: Thank you. Ms. Ewan: That will be May 14. Ms. Mendez: Thank you. Chair Gort: Okay, thankyou. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 15-00173 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED DECEMBER 16, 2014, PURSUANT TO INVITATION FOR BID NO. 472330, FROM ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF VEHICLES ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) 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 DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED City of Miami Page 34 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 IN THE BEST INTEREST OF THE CITY OF MIAMI. 15-00173 Summary Form.pdf 15-00173 Bid Tabulation.pdf 15-00173 Corporate Detail.pdf 15-00173 Invitation For Bid.pdf 15-00173 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo A motion was made by Vice Chair Hardemon, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Carollo absent, directing the City Manager to issue a new Invitation for Bid (IFB) that includes language requiring companies that submit IFBs containing self -insured retention (SIR) or self-insurance to include ratings from Moody's or Dun & Bradstreet in the AA or higher range that is satisfactory to the City Manager, in addition to requiring an A+ or better rating from the A.M. Best Company for third -party insurance compaines; further requiring that the IFB require two locations in Miami -Dade County and one location in Broward County, as well as clarifying within the IFB that companies can have some form of SIR or self-insurance as well as third -party liability to satisfy the insurance requirements. Chair Gort: Chair Gort: RE.2. Annie Perez (Director, Procurement): RE.1. Chair Gort: I'm sorry; RE.1. Ms. Perez: Annie Perez, director of Procurement. RE.1 is a resolution accepting the bid received from Enterprise Leasing Company of Florida, the sole responsive and responsible bidder for the rental of vehicles on a citywide as -needed contractual basis for a contract period of two years, with the option to renew for two additional one-year periods. Commissioner Sarnoff So move. Vice Chair Hardemon: Mr. -- Chair Gort: Thank you. Vice Chair Hardemon: Chairman -- Chair Gort: Yes. Vice Chair Hardemon: -- in regards to this item, part of -- if you remember, this has been continued a couple times at the request of myself, and part of the reason I've been deferring it is to talk more so with the Administration about the procurement process regarding our rental cars. And so here, there was one bidder that bid for this RFP (Request for Proposals) process, and I know that, for instance, within the County, the County just sent out a similar bid, and they received about three bids, as I remember, so it was increased competition. One of our goals in procurement, of course, is always to increase the competition so we get the best price or at least the best service. And so it brought me a little bit of concern that here, this time, when we issued this RFP, we had one bidder. And so I began to question, well, what are some of the reasons that we could have received one bid versus the County receiving, say, three? And some of the things that I saw -- well, two, particularly -- was that in this contract or this RFP, they require -- there was a requirement that there are two locations within Miami and two locations -- or Miami -Dade County and two locations in Broward County. Now, that's different from how we've done it in the City of Miami Page 35 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 past. In the past, we've had one location in Dade, one location in Broward. And the County, more particularly with -- we were more stringent on our requirements for the locations than even Miami -Dade County was with theirs. And, of course, Miami -Dade County actually touches the Broward County line. And so another thing that I saw that caused me some pause was this issue between -- with the insurance. There is something called "self -insured" and there's something called, basically, a "third -party carrier of insurance." And so when you read the way that the RFP is issued, it speaks to the fact that there is a requirement for insurance. Now, it also goes on and says that they don't have to prove insurance until after the award, but this is a situation where this company has already been with us. We have a current contract with this company. And so what I saw was that the way that it's set up, the company actually is not self -- is not insured by a third -party carrier, which is what the goal was from dollar one; is that it actually had some form ofself-insurance in the beginning -- I believe for the first $2 million -- and then thereafter, it has a third -party insurance carrier. And why is that important? It's important because when you look at the way that the County issued their RFP, the County issued an RFP process where they had one category for self -insured and one category for third party insurance. And I believe that this same company applied for the self-insurance with the County and not what they applied for here, which is the third -party insurance here with this contract. And so what it made me wonder was, what about this process, what about all of those different scenarios cause less people to apply? And I would think that if someone was told that you're required to have third -party insurance and, in fact, this company issues -- well, an RFP, and they have some form of third -party insurance, but is also self -insured. It's not clarified within the RFP whether or not it will allow you to have some self-insurance and then third -party insurance. So these type of things I believe is why we had so few responses, and I would like to see more responses, and so there's ways that we can do that. We can either piggyback on what the County has done, because they already have three responses, and this company is one of the companies that responded within that RFP process; or we can issue our own RFP, once again, that actually -- that gives the requirements that we had last time when this company actually received this RFP in the first place; and more specifically, so that we have a requirement that there's a facility in Broward, a facility in Dade. One of the responses that I heard from Administration in regards to why we want so many different locations within Broward and within Dade is because of the Internal Affairs, and Internal Affairs, they have cars, and the Internal Affairs has cars; and, of course, Internal Affairs investigators are police officers. They don't want those -- and I'm quoting it correctly -- they don't want those cars to be burned by other police officers. And to me, when I start -- when our Police Department, who spends months in training with officers, and they're colleagues, and at some point, those colleagues go to -- transition to other parts within the department, and one of those parts is the Internal Affairs Department. I don't think that there is anyone within the Police Department that isn't aware of who works there; it's no secret. This is not the men in black. Andl don't believe -- me, wholeheartedly -- that our Police Department is as worried about undercover Internal Affairs officers as the criminals are. So I don't necessarily see the -- that being a -- such a serious issue that we shouldn't require to, one, piggyback; or to, two, issue another RFP. Chair Gort: Let me ask a question of the Administration. One time we -- we've had problems with the RFPs going out, and we requested that before an RFP would go out into the public, send it to the Commission so we get a chance to look at it and -- Ms. Perez: Yes. Chair Gort: -- see it so this would not come up in this case like this. Ms. Perez: IfI may, this was not an RFP. This was an invitation for bid. So this was not an RFP. And if I may, Vice Chair and Chairman, address a few things. On the County bid, the two groups -- there were two groups. I have a copy of the bid, and I also spoke to my former colleagues at the County. There were two groups. One is where the rental agency would provide the insurance, and then the second group was where the County would pay for the insurance. City of Miami Page 36 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 I've clarified with them, it had nothing to do with self-insurance, so I just wanted to clarify that point and I also wanted to clarify a few things within, you know, the locations. It's very -- you know, we've talked to Police multiple times about that and -- Vice Chair Hardemon: Mr. Chairman, may I ask a question? Chair Gort: Yes, sir. Vice Chair Hardemon: So with your clarification, then, when you're saying the County had two groups where the County would provide the -- First of all, no matter what, even if you -- how can I put it? The cost of the insurance is not -- is always going to be put back onto the entity that's actually asking for the service. So when you say the County is going to provide the cost of insurance, I mean, it's built into that. Even if you have a third -party insurance carrier, the cost per -- for the rentals of those vehicles are put back into the contract. So explain to me, then, what the significance is -- Ms. Perez: Well -- Vice Chair Hardemon: -- between those two. Ms. Perez: The option one was the awarded bidder is responsible for all insurance. The -- and then they list the insurance requirements. And option two, the County is responsible for third -party liability and for first $100 of applicable physical damage losses. Vice Chair Hardemon: Okay, so -- Ms. Perez: And the way that these -- Vice Chair Hardemon: -- stop you for a moment, then. So that second one is exactly what we have here where we're responsible for third -- is there's third -party liability insurance; is that correct? Ms. Perez: I'll let my Risk director address the insurance issue requirements. Ann -Marie Sharpe: Ann -Marie Sharpe, director of Risk Management. I'm sorry, your question was? Vice Chair Hardemon: If she can repeat the statement that she read, because we were trying to clan fy -- Ms. Perez: Okay. So the County's requirements, option one was the awarded bidder's responsible for all insurance. Vice Chair Hardemon: And that's -- that would be called the "self -insured"? Ms. Perez: No. Vice Chair Hardemon: That's -- what is that one called? Ms. Perez: That is that the -- Ms. Sharpe: If the bidder is responsible for all necessary insurance, it includes self-insurance, but it's not solely self-insurance. Vice Chair Hardemon: Okay. So -- but "self -insured" is a part of that process; is a part of that City of Miami Page 37 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 cat --? Ms. Sharpe: Absolutely. The self-insurance is accepted as insurance. Vice Chair Hardemon: Okay. And then can you read the second one, please? Ms. Perez: Certainly. Option two, the County is responsible for third party liability and the first $100 of applicable physical damage losses. Vice Chair Hardemon: Okay. And is that the third -party insurance? Ms. Sharpe: Third -party liability is just -- is regular liability. So liability is always going to be third party. But it's just -- that requirement is basically saying, "You don't have to have it; we'll use ours," because the County's self -insured, I think. But even if they're not, it's basically saying, "We will use our insurance; you don't have to have liability insurance." Vice Chair Hardemon: And so the insurance is -- from that one, I believe the insurance starts -- it kicks in at 100 or -- what? -- $101, one --? Ms. Sharpe: Right; that's for physical damage. Commissioner Sarnoff Can I help you a little bit? All right. So let me try to help you along. This is why whoever we hire should have, whether it's -- iif it's self-insurance retention, which is called SIR, it should be a `AA" rated company for the SIR portion. Their third -party insurer should be, you know, Forbes top 100 insurers. And the reason for that is if a police officer is in a car accident, they're going to be getting workers' compensation, because they'll be at work. The good news is if we have a vehicle that's insured, whether SIR or whether it's by third party, since we are a self -funded workers' comp policy, if you will, we would get our money back from the third -party insurer. That's a good deal for the City, and that's something that we should structure. I think this is structured like this, but I'd like to have a direct answer to that. Vice Chair Hardemon: But I will say, though, that Enterprise and the company that has the -- this -- that we're considering right now has SIR -- Commissioner Sarnoff Right. Vice Chair Hardemon: -- for the first -- I believe it's $2 million. But then, also, has the third -party insurance. But the way that the bid went out -- and I apologize for saying "REP" versus "bid" -- the way that the bid went out, it required third -party insurance. And so when I asked about the SIR or the self-insurance, it was -- I was told that, "No, no, they have insurance." But it just completely disregards the fact that there is an SIR factor in this bid. Commissioner Sarnoff Very few -- I'm not aware of any scenario in the world where somebody has no deductible. When you get to a sizable deductible, they usually call that "self- insured retention, " SIR. As long as the company you're dealing with is either a traded company on the stock exchange or has credentials that would satisfy you that it's double or `AAA" rated, whether it's Moody's, whether it's Forbes or whatever rating agency you choose, that's -- in and of itself it's what's called a "guarantee," a "corporate guarantee"; followed by in a catastrophic incident. One of these police officers goes out there and takes four or five cars out, and a lot of deaths, and a lot of injuries, then you want a third -party layer on top of that, which is All State, State Farm, GEICO (Government Employees Insurance Company). I'm just using the popular names. There's much different insurance companies. But that's how -- why it becomes a good deal for the City. If the officer is injured and it is a third person's fault, we're paying him workmen's comp. And you know -- I'm sure you get briefed like me -- how much workers' comp we pay. We could get that back from the vehicle, itself if, in fact, the officer was City of Miami Page 38 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 not at fault. So, you know, when he goes to sue the third person for the injury, the workers' comp is a lien. That lien would be satisfied in the officer's lawsuit. We would be compensated 60, 70 cents on the dollar; not a bad deal for the citizens. Vice Chair Hardemon: So for the third -party insurance. Commissioner Sarnoff Whether it's SIR, third party, yes. Vice Chair Hardemon: I mean that's my point. So the point is that here, with this bid, with the requirements to have third -party insurance, this company, in fact, has an SIR built into it for the first $2 million; it is not, from dollar one, third -party insurance, and so that's how I understand the RF -- the bid to have been issued for third -party insurance. So then, when I look at why you have responses that are greater in one entity, which is the County; and then why you have it less in the other entity, which is the City; and then you have these very restrictions, it doesn't make sense to me, and what it causes, to me, when I read it, is less competition. Commissioner Sarnoff Well I -- Vice Chair Hardemon: I know she had some questions that she was dying to address. Ms. Sharpe: I don't have a question I'm dying to address, except that we deem self-insurance equitable to insurance. Vice Chair Hardemon: Because the car company is, in fact, liable for -- well, the car company has the ability to pay on any loss, yes. But within this bid, you issued it for what, regarding insurance? Ms. Sharpe: Insurance. Vice Chair Hardemon: Right. And then this company has SIR; is that correct? Ms. Sharpe: Right, which meets the insurance requirement. Vice Chair Hardemon: Which meets Florida insurance requirements; is that what you mean? Ms. Sharpe: Well -- Vice Chair Hardemon: But not necessarily this bid insurance requirements. Ms. Sharpe: -- I guess I should add that while our requirements don't specifically exclude self-insurance, it does not specifically include it. So it does not preclude someone who is self -insured to respond, because we didn't say self-insurance is not accepted. Vice Chair Hardemon: But you did say that third -party insurance is required? Ms. Sharpe: We say insurance -- right. We list the insurance requirements -- Vice Chair Hardemon: And third -party insurance -- Ms. Sharpe: -- and say -- Vice Chair Hardemon: -- is the requirement? Ms. Sharpe: Third -party insurance might not -- I don't think it's worded that way. It's -- City of Miami Page 39 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Vice Chair Hardemon: But you see how -- Ms. Sharpe: -- general liability, which is third -party coverage. If a -- if someone else has the policy, it's deemed to be a third party. You don't have it yourself, so it's -- they're insuring you. But the coverage covers a third party, meaning somebody else who might be affected. Vice Chair Hardemon: Right. But even the way that it was presented, Mr. Chairman, when you say, "Well, we don't specifically exclude it, but we don't" -- the way you -- Ms. Sharpe: Specifically include it? Vice Chair Hardemon: Specifically include it. It's like -- Ms. Sharpe: Because we -- Vice Chair Hardemon: -- a law exam question, you know, just trying to figure out if it is or if it is not, and that, particularly to me, is what causes less competition, is why you have one bidder, and that the bidder is, in fact, the company that had the contract before. And so that's the most troubling part for me. If we're trying to have a process that increases competition; a process that gives us an opportunity to have the best price, the best service, then when you word things the way that it is worded here, you reduce the likelihood of having that. And to me, when I see one bidder, that is a sign that the likelihood was reduced; especially when you just had a bid to go out in the County with -- not similar, but less restrictions and you have more people bidding for that process, including this company. Ms. Sharpe: I should add that self -insured entities respond to our RFPs all the time, right? So it -- I don't know that anyone particularly deem it as, you know, not being applicable to the -- if they're self -insured because you have to qualifir to be self -insured. So it's not that you wake up one day and say, "I'm not going to carry insurance, " which not being insured is different from being self -insured. Chair Gort: Mr. Manager -- Commissioner Sarnoff Plus to be -- sorry, Mr. Chair -- to be allowed to be self- insured in the State of Florida, you have to put a bond up. Ms. Sharpe: Right. You have to apply to the State for self-insurance designation. Commissioner Sarnoff Florida Statute 316 -- you should know this. Ms. Sharpe: I -- yes. Commissioner Sarnoff And you have to put $2 million bond up. Ms. Sharpe: Right. So you have to qual to be a self -insured entity in the State of Florida, yes. Chair Gort: Mr. Manager. Daniel J. Alfonso (City Manager): Yeah. Commissioners, I just wanted to point out that we have reviewed with our Legal Department the RFP process. We have been told that it met the qualifications and requirements. Also, I wanted to point out that we had our Procurement Department compare the rates that we did get from Enterprise to those that the County got on their bid, and they are very competitive; some were a little higher, some there higher. The insurance that we got, we think is a little better. So you want to talk about that, please? City of Miami Page 40 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Ms. Perez: When we did the comparison, obviously, our rates, the rates that we requested included the commercial insurance by the supplier. When the County awarded their contract, they decided to go with the option that does not include commercial insurance by the supplier, and, you know, the rates are very comparable. For example, you know, there's one rate that's just a few dollars off. You know, there's -- they're very comparable when you compare them, and ours include insurance, and, you know, technically, they decided to go with the County's insurance, so. Chair Gort: Let me ask you a question. My understanding, placed in this RFP or -- Ms. Perez: IFB (Invitation for Bid). Chair Gort: Okay. What is it? The -- Ms. Perez: I -- Invitation for Bid. Chair Gort: -- Invitation for Bid, okay. In the Invitation for Bid, you had a lot of conversation with the Police Department. There were certain requirements that were asked by the Police Department in which these people have to comply with. Ms. Perez: Yes. Chair Gort: Chief can you elaborate on this? Chief Rodolfo Llanes: Good morning. Rodolfo Llanes, Chief of Police. It's crucial to our operations to have multiple locations. We do have an anti -corruption squad that does fight corruption in the Police Department, and we do need multiple locations to be able to switch out cars where other officers and other members of the department are not exchanging their cars. That's the most important part. There's also another component: our special investigations section that conducts high level narcotics, same scenario. We need to have the flexibility of having multiple locations that we can switch out cars. What's also important about that is different inventory of cars. You really can't conduct a surveillance with four blue Kias; it's very difficult to do that. So we need a flexibility of the inventory so that we can have different vehicles on the street at the same time. So those -- that's a crucial element for operations that is needed. Chair Gort: Thank you, sir. Vice Chair Hardemon: Mr. Chairman, and I completely agree with our Chief that we need multiple locations. The question is: How many multiple locations are required? So, for instance, if you require two in Miami -Dade County, fine. We're in Miami -Dade County. In Broward County, do you require two or do you require one? So having locations in Broward and Dade are good. Having two locations in Dade County makes sense for us, the City of Miami, but having two locations in Broward does not. And this does not regard you, but when I look as to what the bid required -- I'm looking at page 44 of 53 -- it says -- it reads, "Companies authorized to do business in the State of Florida with the following qualifications shall issue all insurance policies required above." And then it reads in bold, "The company must be rated no less than "A" as to management and no less than "B" -- I'm sorry -- Commissioner Sarnoff Maybe we could table this and maybe they could brief you. And if we don't want to pass on it today, we could do it next Commission, because it just seems like we're tying up a lot of time. And why not table it, and you can maybe get some answers. Vice Chair Hardemon: I mean, this is something that we've been discussing -- Commissioner Sarnoff Right. City of Miami Page 41 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Vice Chair Hardemon: -- and so that's why I didn't wish to table it again. I just wanted to kind of get through this process today. Mr. Alfonso: The contract expires in a couple of weeks. We've already gone -- I don't know -- a couple of extensions in the past month. Does it allow for the contract to continue on a month -to -month basis at the will of both parties? Yes, but it's up to the will of the Commission. We would like to have this move on. Vice Chair Hardemon: So basically, when I read this paragraph -- and I think if I'm reading this correctly, it reads that, "The company must be rated no less than "A" as to management and no less than class "B" as to the financial strength by the latest edition of 'The Best Insurance Guide,' published by A.M. Bess Company, Oldwick, New Jersey or its equivalent. All policies and all certificates of insurance are subject to review and verification by the Risk Management prior to issuance of insurance approval." So I believe that this is the statement that re -- that's regarding the type of insurance that's required for third -party insurance; is that correct? That's the statement that requires the third -party insur -- the type of third -party insurance. Ms. Perez: Yes. Vice Chair Hardemon: Yes. And so if you are self -insured or if this is the requirement that's put out -- correct? -- and you're told that you must have insurance, but you are, say, self -insured, you don't necessarily have this. Ms. Sharpe: If you're self -insured, no, you don't have the rating. Vice Chair Hardemon: And that's my point. Ms. Sharpe: The rating require -- the rating applies to carriers, but keep in mind that to be self -insured, you have to be approved by the State. So there's an underlying understanding, I guess, that you are financially stable enough to pay for the losses, basically. So you have to be financially -- you have to prove financial responsibility. Vice Chair Hardemon: And I mean, that's all that is -- we want all the companies that we do business with to have some financial stability and be able to show that they are able to cover their losses, and we've had bids in the past that had people who were self -insured, people who had third -party insurance that had that. This time, when we issued this bid, we didn't have the number of responses that are desirable, I would think, for increased competition and lower cost, and so that's why my problem is. So we don't have to belabor the point, but what I would like, Mr. Chairman, is one of two things, and we can discuss this. Either we discuss starting to piggyback off of what the County has or issue another bid that is a little less restrictive; meaning reducing maybe one location in Broward County and specifically claming that you can have both self-insurance and -- or you have a formula that would include self-insurance and third -party liability, because the way that this reads right now, it requires third -party liability, and this company doesn't have just third -party liability. They have SIR and then they have third -party liability that comes on after the two million dollar mark. Chair Gort: It's got more insurance than it needed for to have -- I mean -- If the City -- I would not like to piggyback on the County. I think we like to do our own if we have to, but how long have we been going on this for now? Because my understanding, one of the reason we don't have enough people competing is because of the requirement. My understanding is, I was told by the Administration, by the Police Department that the rental car has got to have the ability to go in within seconds and get another car right away; that they can do that at any time, 24 hours a day is my understanding, seven days a week, and that's one of the restrictions that maybe some of the other companies cannot comply with. City of Miami Page 42 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Vice Chair Hardemon: I don't know if -- I don't know -- well, I will tell you this: All the Enterprise facilities will not -- are not available to take cars and give cars to the City officers , so there's still designated -- certain areas where they must go. And I will tell you that in -- because I see a lot of police officers and I speak to a lot of police officers that a lot of police officers aren't necessarily happy with the service that they're receiving with Enterprise, because of the type of vehicles, and the number of miles that are on the vehicles, and the damage on the vehicles and so there are a lot of other issues. But that's not my qualm today. My qualm is that we want to make sure that they have enough facilities that they can transfer facilities -- I mean transfer vehicles -- I think two in Dade, one in Broward is adequate -- and then also to clam the language regarding the SIR, self-insurance and the third -party liability. This RFP, the way that I read it, requires third -party liability from dollar one. This company does not have that. This company has third -party liability above $2 million and SIR for the first 2 million. And so that is a differentiating factor, to me, of why you may have more responses in other places and less responses here in the City of Miami. And so what I would like is more responses. This contract can be extended for 120 days? Mr. Alfonso: Sure, no problem. Vice Chair Hardemon: With no problem. The contract -- and so we don't have to worry necessarily about that, but I think that the bid should go out with more clarification and with one less restriction to increase the competition. Will it re -crease [sic] it? I don't know, but I think that we're putting ourselves in a position where there's a significant possibility of it. Chair Gort: Yes, ma'am. Ms. Perez: Yes, if I may, just to address a few things. The County did have three bidders. One was deemed nonresponsive, so at the end, they had two. The County some -- just a few things to take into account. The County's volume is much more higher. With these contracts, because of the turnaround and the need for cars on a constant basis, and, you know, police often get in accidents and things like that, not a lot of companies are interested -- in my previous experience -- in bidding on these types of contracts, so. Chair Gort: My understanding is we can extend the existing contract for 120 days. Mr. Manager, am I correct? Mr. Alfonso: I believe that is in the language, sir. Chair Gort: I think the language that they all would like to see, according to what I been hearing from the Commissioner -- he can state it himself -- is the insurance, the insurance part, and one location in Broward. He believes that if we eliminate that, we're going to have more people bidding for it, so. Mr. Alfonso: So is it the will of this Commission, then, to go and do it or -- I don't know. Chair Gort: Well, right now -- Commissioner Sarnoff I'm here, I'm here. Chair Gort: Oh, okay, he's here. Mr. Alfonso: Is it another ITB? Is that extend the contract for the four months and do another Invitation to Bid? Chair Gort: Right. City of Miami Page 43 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mr. Alfonso: Is that what I'm hearing? Chair Gort: That's what seems to be -- Vice Chair Hardemon: That's what I would like. Chair Gort: Ours; not the piggyback on the County. Vice Chair Hardemon: That's what I would like, because the Chairman says no piggybacking on the County, and I'm okay with that, so that's what I would like. So that would be my motion. Todd B. Hannon (City Clerk): Excuse me, Chair. There was a motion made by Commissioner Sarnoff at 10:42. Would he like to withdraw his motion? Vice Chair Hardemon: I don't believe it was seconded, though. Mr. Hannon: No, sir, but it is on the floor. Commissioner Sarnoff What's your motion? Vice Chair Hardemon: No, it was a motion that you had -- Commissioner Sarnoff I thought that you just made it. Vice Chair Hardemon: My motion was: One, to extend the contract that we currently have for the 120 days that's allowable, and then, additionally to -- because we don't want to piggyback -- issue another Invitation to Bid where we have the multiple location requirements, two in Dade, one in Broward; and where we've clarified that the -- there can be third -party insurance and that it is also allowable to have some form ofself-insured, so if there's a formula with self-insurance or -- plus third -party insurance or dollar one third party insurance, but whatever it is, it needs to be clarified instead of the way that we have it in this bid. Commissioner Sarnoff I'll second that with a proviso that they provide the SIR (UNINTELLIGIBLE). Vice Chair Hardemon: Now, the Moody's `AA" or better rated company, are we referring to the third -party insurance? Commissioner Sarnoff No. Vice Chair Hardemon: We're talking to the -- Commissioner Sarnoff (UNINTELLIGIBLE). Vice Chair Hardemon: So the -- and excuse me in my ignorance of when you say the Moody's -- that Moody's part that you're describing, obviously, I don't know if that's ever been included in one of our bids before for the insurance. I know it's not -- is it included in this one? Commissioner Sarnoff No, but what I'm suggesting to you is -- I'll give you a better one than Moody's -- Dunn & Bradstreet. Everybody gets a Dunn & Bradstreet report. So I just want to ident that these people have the ability to pay over and above the Florida Statute requirement, which, I think, off the top of my head, is $2 million, but it may not be. So what I want to make sure is they can comply with their SIR if they choose to do so, and the third -party insurer should be a -- really should be a `AA" or better rated company. City of Miami Page 44 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Vice Chair Hardemon: I haven'tbeen briefed as to exactly what that means, and so I don't want to then in this motion make something that's a little bit more restrictive for myself than what we already have. So I know I've been -- so let's take this, I guess, one step at a time, right? As I was told by our legal team, first, you need to reject this bid. So it would be a motion to not approve of this bid as it is put forth. So can we tackle that first? Chair Gort: Well, the maker of the motion has got to -- before he can take it out, he has to see what he's going to vote for in the next or what's going to be in the next motion. Vice Chair Hardemon: Well, then, how about this, then: I need to -- if you could, my dear Commissioner, write down what -- that requirement, so I actually have an opportunity to look and research it myself to know exactly what I'm getting myself into. Chair Gort: Let's table this and come back in the afternoon. Vice Chair Hardemon: And then we can do that. Chair Gort: Right. Commissioner Sarnoff Well, somebody suggested that 20 minutes ago, but that's fine. Vice Chair Hardemon: No, but you guys -- Commissioner Sarnoff I know, you're right, that's fair, that's fair. Chair Gort: RE.2. Thank you. Mr. Hannon: Chair, that requires a four -fifths; if we can move on to RE.3? Chair Gort: RE.3. Where is Commissioner Suarez? Ms. Mendez: To -- I'm sorry, which one requires the four -fifths? Not the rejecting the bid. Vice Chair Hardemon: RE.2, RE.2. Mr. Hannon: RE.2 requires the four -fifths. Chair Gort: RE.2. Ms. Mendez: Okay. I apologize. Chair Gort: We didn't reject anything; we tabled RE.1 Ms. Mendez: Okay. Chair Gort: RE.1 has been tabled to this afternoon. Later... Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I wanted the District 2 Commissioner to know that I am perfectly fine City of Miami Page 45 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 with the language that you proposed in your request for RE.1, so that we could move forward with that with no further discussion. So I know we needed to make it a motion -- well, we need to, one, withdraw the motion; make the motion to -- Commissioner Sarnoff Right, so I withdraw my motion. Vice Chair Hardemon: Right. And then 171-- Chair Gort: RE. 1, yes. Vice Chair Hardemon: RE.1. And I move to decline RE.1. Commissioner Suarez: Second. Victoria Mendez (City Attorney): So you're rejecting the bid. Vice Chair Hardemon: Yes. Ms. Mendez: Correct? Vice Chair Hardemon: Yes. Ms. Mendez: Thank you. Chair Gort: Invitation to bid. Okay, it's been moved; been second. Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Vice Chair Hardemon: And then my motion would be to issue another ITB (Invitation to Bic) to include the language that Commissioner Sarnoffproposed: the Dun & Bradstreet orMoody's satisfactory to the City Manager and third party insurance by an insurer; an "A" plus or better by best insurance; and to have language that requires two locations within Miami -Dade County, one location in Broward; and to clarify within the ITB that you can have some form, like this applicant -- where you can have some form of SIR (Self Insured Retention), or self-insurance, and third -party liability. It's all that we talked about. Commissioner Sarnoff Second Chair Gort: Been moved and second. Further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Hardemon: And one thing I forgot: To extend -- I don't know -- you probably don't need our approval to extend for 120 days. Did you not? Mr. Alfonso: Yeah, we'd have to. That's part of the contract. Chair Gort: You have to. Ms. Mendez: It's part of the original contract, so we'll be okay. Chair Gort: Be back at 3. Commissioner Sarnoff (UNINTELLIGIBLE). City of Miami Page 46 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 RE.2 15-00304 Department of Fire -Rescue Chair Gort: There's boards and DI (discussion item), and I have a pocket item that I'd like to hear it first when we come back. Vice Chair Hardemon: To come back at 3? Three? Come back at 3? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RETROACTIVELY AUTHORIZING THE PROCUREMENT OF A MARINE UNIT FROM AMERICAN REDI-BILT, INC. D/B/A CATAMARAN CRUISERS FOR USE BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $138,161.00, WITH FUNDS ALLOCATED FROM ACCOUNT NO. 40-670241-05-1426-EQU I PM ENT-181000. 15-00304 Summary Form.pdf 15-00304 Memo - City Manager's Approval.pdf 15-00304 Back -Up from the Law Dept.pdf 15-00304 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0165 Chair Gort: Okay, four -fifths, RE.2. Maurice Kemp: Good morning, Mr. Chairman, City Commission. Maurice Kemp, Fire Chief. RE.2 is a resolution requesting the confirmation and retroactive authorization for the procurement of a marine unit that will serve as a temporary fire station for the fire boat personnel. This initiative, as you know, based on our briefings with your offices, will enable us to reduce our reaction time in responding to emergencies in our fire boat. Chair Gort: Thank you, Chief. Do I have a motion? Discussion? Vice Chair Hardemon: Move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Discussion? Seeing none, hearing none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you, Chief. Fire Chief Kemp: Thank you. City of Miami Page 47 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 RE.3 15-00355 OMNI Community Redevelopment Agency RE.4 15-00367 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED BUDGET OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. 15-00355 Summary Form.pdf 15-00355 Legislation.pdf 15-00355 Exhibit A.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 Midtown Community Redevelopment Agency R-15-0166 Pieter A. Bockweg: Good morning, Commissioner. Pieter Bockweg, executive director of Omni CRA (Community Redevelopment Agency). The item before you is accepting the budget that was approved by the board in the last -- couple weeks ago. Commissioner Sarnoff. So move. Vice Chair Hardemon: Second. Chair Gort: Been moved by Commissioner Sarnoff; second by Commissioner Hardemon. Any -- Vice Chairman Hardemon. 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), ACCEPTING AND ADOPTING THE AMENDED BUDGET OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY ("MIDTOWN CRA"), ATTACHED AND INCORPORATED AS EXHIBIT"A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, AS APPROVED BY THE MIDTOWN CRA'S BOARD OF COMMISSIONERS. 15-00367 Summary Form.pdf 15-00367 Legislation.pdf 15-00367 Exhibit A.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-15-0167 City of Miami Page 48 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: RE. 3. Pieter A. Bockweg (Executive Director, Midtown Community Redevelopment Agency): RE.4 -- Chair Gort: RE.4. Mr. Bockweg: -- Mr. Chair, is -- Pieter Bockweg, executive director of the Midtown CRA. Again, this item is accepting the budget, the amended budget for Midtown that was approved a couple weeks ago by the board. Vice Chair Hardemon: Move it. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Sarnoff. Commissioner Sarnoff. Thank you. Chair Gort: All in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Bockweg: Thank you. RE.5 RESOLUTION 15-00434 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO Francis Suarez AMEND THE PROVISIONS IN CHAPTER 339 OF THE FLORIDA STATUTES TO REDUCE THE NUMBER OF VOTING MEMBERS ON METROPOLITAN PLANNING ORGANIZATIONS ("MPOS") OR, ALTERNATIVELY, TO MAKE THE MIAMI-DADE MPO MORE EFFICIENT BY ANY OTHER EFFECTIVE MEANS AS MAY BE PROPOSED BY THE MEMBERS OF THE MIAMI-DADE MPO; ADDING THIS ISSUE TO THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR 2015; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 15-00434 Legislation.pdf 15-00434 Back -Up Documents.pdf 15-00434-Submittal-Commissioner Suarez -Article Miami's Traffic.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 Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-15-0168 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Carollo absent, directing the City Manager to provide a status report at the April 23, 2015, City Commission meeting, on the proposal to build a Tri-Rail station in Downtown Miami; further directing that the report include a chronology of actions and events undertaken by the Administration to move this proposal forward. Chair Gort: RE.5, sponsored by Commissioner Suarez. Vice Chair Hardemon: I move it for discussion. City of Miami Page 49 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: It's been moved. Is there a second? Commissioner Sarnoff Second Chair Gort: Second by Commissioner Sarnoff. Commissioner Sarnoff Do we want to get him out here? He's coming? You guys have that radio of (UNINTELLIGIBLE) Suarez, too? Todd B. Hannon (City Clerk): We might as well -- Chair Gort: We can discuss and -- Commissioner Sarnoff He's here. Mr. Hannon: Commissioner Suarez is here. Commissioner Suarez: I've been summoned. What would you like for me to participate in? Vice Chair Hardemon: The MPO (Metropolitan Planning Organization) membership. Commissioner Suarez: I'm sorry? Vice Chair Hardemon: The MPO membership. Commissioner Suarez: Yes, the MPO membership. Oh, you're talking about my agenda item. Commissioner Sarnoff Yeah. Commissioner Suarez: Oh, thank you; I appreciate that. Move it. Vice Chair Hardemon: We did -- no, we moved it. Chair Gort: It's been moved and second already. Discussion. Commissioner Suarez: Thank you, Mr. Chair. I thought I was being summoned for the four -fifths one, but I am appropriately admonished. Thank you. Well, I want to thank all of you, first of all, for moving it in my absence; and in particular, I want to thank my colleague on the MPO, who is my colleague on the City Commission and my predecessor on the MPO, as well. And I think he has seen, with equal frustration, and there are a variety of initiatives that this Commission has tasked me with bringing to the MPO, the water taxis being one of them. And one of the things I've realized is in my attempts to do that and things that you, this Commission has unanimously passed, a frustrating inability to get the MPO to think cohesively and coherently, mostly because of excessive parochialism. We have a 20-plus member board. So I wrote a letter to the editor that was published by the Miami Herald, and that letter has been incorporated into a City of Miami Beach resolution. The City of Miami Beach Mayor has taken up that cause, ironically, who had a battle with me for the MPO vice chairmanship that Commissioner Sarnoff was there by my side on, and we have actually mended fences, because we've agreed on the substantive reform that's really needed for the benefit of the cities. So I thank you for passing it, for moving it and seconding it, and we're going to attempt to fix it either through the legislature, through legislative fiat or by the MPO creating some sort of structure similar to what Jackson did in reducing their board. Chair Gort: Thank you. Any further discussion? Yes, sir. City of Miami Page 50 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff Mr. Chair, you know, the MPO should probably -- and its progeny and what it will morph into, what it might not morph into, and I really have to give high marks to Commissioner Suarez, because you have a board that's been broken for the better part of 20 years, and some would argue 30 years. And you have a community that may have had a size 7 shoe, and may have had a size 5 foot 20 years ago, but it's size foot is now a size 8, and it does not fit inside the size 7 shoe. And you do not have an MPO board that sees this community on a regional basis. Andl know there are those here that think it is not the City of Miami's business to improve traffic, to improve the flow of people to and fro, wherever they're going, but we are, in part, responsible for creating a city that I think we all want to create, which is a downtown urban core that is dense, because -- and I'll say this very clearly and very precisely for the record. If you care about the environment, if you care about your water resources, if you care about co2 emissions, if you care about the world, then you should act locally. The construction of vertical services is the best way to preserve your resources, and I can just say to you -- and I'll yield in a moment -- the best way to do that -- and we were at a Miami City Water & Sewage symposium, Commissioner Carollo and I, and I asked specifically, very clearly, "What is the most efficient way to deliver services?" and that is vertically. So we're building a vertical city, and nobody -- and we're creating the tax base for that vertical city; meaning we're creating acres in the sky, Commissioner Gort, and those taxes are coming in, not just to us, but to the County, the School Board, et cetera. And those taxes are not being spent where and how they should. So Commissioner Suarez is right. This board needs a transformation. And the good analogy he used is, of course, Jackson. And I'm going to yield to Commissioner Suarez since it's his motion, but I'm also going to ask at the close of this, Commissioner Suarez, to join me in a motion for the next Commission meeting to get a status report on where they are with Tri-Rail; meaning "they," being the Administration -- Mr. Alfonso, Ms. Bravo and the Mayor. Commissioner Suarez: Thank you. Andl will join you in that motion. Mr. Chair, ifI may. Chair Gort: Listen, I have to tell you, we at the City of Miami has to worry about traffic more than any other city, because we get affected constantly. I mean, yesterday, I had to go to a meeting. I believe it was about 4:30. I was in downtown Miami. I had to go to the water park on 37th Avenue. It took me I don't know how many lights, a half an hour when it used to take about 10 minutes, because people are getting off the expressway. We need public transportation and that's very important. Like you said, if we going vertical, we got to create the transportation to go ahead and carry us through the City. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I just want to -- I put an article in front of you and I gave it to the Clerk. It's very short, it's really -- with the picture, it's almost like one page. I'm taking a page out of Commissioner Sarnoffs book. If you look at it, what's interesting about it, it says, obviously, Miami's traffic has gotten worse in the past year; something I think we all know. But it's giving some empirical data that you can look at and -- to actually just it. And what it does is, it's a GPS (Global Positioning System) device company that actually tracks the amount of time, because GPS' are pinging constantly, so they're not only giving you direction, they can also mark the amount of time that we're on our roads. And what's interesting is that it says that our congestion level last year was 27 percent; meaning that the average trip takes about 27 percent longer than if there were no traffic. But on rush hour, the traffic congestion level is 60 percent; meaning that a 30-minute trip actually takes 48 minutes, almost double the amount of time, which is a significant increase from last year. So when you talk about, you know, what maybe things like the impact of the increased tolls are on our MDX (Miami -Dade Expressway) roadways, this is the kind of empirical data that lends strength to the continual arguments that people are making that our roads are more congested. So here it is empirically proven through, City of Miami Page 51 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 you know, these GPS electronic satellite systems. Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Commissioner Suarez: Thank you. Mr. Hannon: Now, Chair, there was an ore tenus motion. They might -- this -- the motion that you just voted on was for RE.5. Chair Gort: RE. 5. Mr. Hannon: There was an ore tenus motion by Commissioner Sarnoff, and, sir, if you wouldn't mind repeating that -- Commissioner Suarez: Second. Commissioner Sarnoff Repeating? Mr. Hannon: Okay, we're good to go. The one about having the Administration come back with a status report, I believe, at the next meeting, on Tri-Rail? Commissioner Sarnoff Correct. And with all actions they've taken; all means and manners of meetings they've had; and a chronology in telling us what they've done on a daily basis to move the ball. Chair Gort: Okay, there's a motion and a second. Commissioner Suarez: Yes. Chair Gort: Second. Commissioner Suarez: And I would just add that I think, you know, the unanimous vote of this Commission spoke volumes about what the will of this Commission was on this issue. The fact that we were allocating funds was -- also spoke volumes; the fact that we had a May 22, 2014 resolution of the City Commission. So I think the board, the governing board of the City of Miami has spoken very clearly on this issue that this needs to move forward, so that's what I'm hoping to see, progress in moving forward Commissioner Sarnoff Yeah. And I just question whether the governing body and the Administration are on the same page. Commissioner Suarez: They should be. Chair Gort: Okay. Commissioner Sarnoff We'll find out. Chair Gort: There's a motion and a second. Further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Okay, four -fifths. City of Miami Page 52 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 RE.6 15-00365 Department of Real Estate and Asset Management RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, PURSUANT TO A SPECIAL WARRANTY DEED ("DEED"), IN SUBSTANTIALLY THE ATTACHED FORM, THE DONATION OF A PARCEL OF LAND LOCATED AT APPROXIMATELY 455 NORTHEAST 28 STREET, MIAMI, FLORI DA, ADJACENT TO PRH NORTHEAST 28TH STREET LLC, A FLORI DA LIMITED LIABILITY COMPANY ("GRANTOR"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE DEED, TO THE CITY OF MIAMI ("CITY"); WITH THE GRANTOR INCURRING ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE SURVEY, ENVIRONMENTAL REPORT, DOCUMENTARY STAMP TAXES, AS APPLICABLE, TITLE INSURANCE, AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 15-00365 Summary Form.pdf 15-00365 Back -Up Documents - Waiver.pdf 15-00365 Legislation.pdf 15-00365 Exhibit A.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo RE.7 14-01252 Office of Management and Budget Note for the Record: Item RE.6 was deferred to the April 23, 2015 Planning and Zoning City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), IN COMPLIANCE WITH RESOLUTION NO. R-07-0586, ADOPTED OCTOBER 11, 2007 ("BOND RESOLUTION"), AND THE TAX COMPLIANCE CERTIFICATE, DATED AS OF DECEMBER 5, 2007 ("TAX COMPLIANCE CERTIFICATE") FOR THE $80,000,000.00 CITY OF MIAMI, FLORI DA SPECIAL OBLIGATION BONDS, SERIES 2007 (STREET AND SIDEWALK IMPROVEMENT PROGRAM) ("SERIES 2007 BONDS"); AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, AND ALL OTHER NECESSARY OFFICIALS, EMPLOYEES, AND AGENTS OF THE CITY OF MIAMI ("CITY") TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THIS CONTINUING COMPLIANCE RESOLUTION; MAKING AMENDMENTS TO PREVIOUS APPROPRIATIONS RELATING TO THE CAPITAL FUND, THE DEBT SERVICE FUND, GENERAL FUND, AND SPECIAL REVENUE FUNDS BUDGETS FOR THE CURRENT FISCAL YEAR 2015 AND THE PREVIOUS FISCAL YEAR ENDING SEPTEMBER 30, 2014 TO COMPLY WITH THE BOND RESOLUTION AND THE TAX COMPLIANCE CERTIFICATE FOR THE SERIES 2007 BONDS; AND AMENDING THE CITY'S FISCAL YEAR City of Miami Page 53 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 2014-2015 MULTI -YEAR CAPITAL PLAN ADOPTED SEPTEMBER 9, 2014 PURSUANT TO RESOLUTION NO. 14-0322, AS SUBSEQUENTLY AMENDED ("PLAN"), FOR CAPITAL IMPROVEMENTS PROJECTS ("PROJECTS") AND APPROPRIATIONS TO THOSE PREVIOUSLY LISTED IN THE PLAN, AND REVISING AND AMENDING CURRENT APPROPRIATIONS AMONG PREVIOUSLY APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR PROJECTS, ALL AS INDICATED IN CONSOLIDATED EXHIBITSA AND B, 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. 14-01252 Summary Form.pdf 14-01252 Pre-Legislation.pdf 14-01252-Submittal-City Manager -Additional Background Information.pdf 14-01252 Legislation.pdf 14-01252 ExhibitA.pdf 14-01252 Exhibit B.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0169 Chair Gort: RE.6. Todd B. Hannon (City Clerk): Chair, that was deferred. Chair Gort: Deferred, okay, RE. 6. Commissioner Sarnoff. Mr. Chair -- Chair Gort: RE.7. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. RE.7 is a rather complex reso that has a very simple outcome. It brings us into compliance with the 2007 streets and sidewalks bonds. We've briefed each of the Commissioners' offices. It has a three -step process, moving all of our expenses to the oldest bond money first, and then moving money around such that there is no net change, no projects are defunded, but it brings us into compliance for that bond. Commissioner Suarez: Move it for discussion. Chair Gort: Thank you. It's been moved by Commissioner Suarez -- Vice Chair Hardemon: Second. Chair Gort: -- second by Vice Chairman Hardemon. You're recognized, Commissioner Suarez. Commissioner Suarez: I would just like to say that Robin Jackson was shaking her head jfes'bs you were reading that. Mr. Rose: Thank you, Commissioner. And if I may, Mr. Chair? There was an email sent out City of Miami Page 54 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 yesterday around 11 a.m. that I'd like to bring -- just place in the record with the Clerk's Office. It has background information; outside bond counsel stating that what the City is proposing here is accomplishing what we wanted to accomplish, and it's fully legal. IfI may? Chair Gort: Yes, sir. Mr. Rose: Thankyou, Commissioner. Commissioner Sarnoff. So we can rely upon advice of counsel? Chair Gort: Bond counsel. Commissioner Sarnoff. Good defense. Chair Gort: Bond counselor and our own counsel. Any further discussion? Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Rose: Thankyou, Commissioners. RE.8 RESOLUTION 15-00328 SEOPW Community A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Redevelopment ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED BUDGET Agency OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015 ("AMENDED BUDGET), AS APPROVED BY THE SEOPW CRA'S BOARD OF COMMISSIONERS, INCLUDING AN AMENDMENT TO THE APPROPRIATIONS RELATING TO DEBT SERVICE FUND REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, ATTACHED AND INCORPORATED AS EXHIBIT "B." 15-00328 Memo - SEOPW CRA.pdf 15-00328 Back -Up I nterlocal Cooperation Agrmt.pdf 15-00328 Legislation.pdf 15-00328 Exhibit A.pdf 15-00328 Exhibit B.pdf 15-00328 Exhibit - Back-Up.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0170 Chair Gort: RE.8. Vice Chair Hardemon: RE.8 is the Southeast Overtown/Park West CRA (Community Redevelopment Agency) amended budget, and I'd like to move it for acceptance. City of Miami Page 55 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff. Second. Chair Gort: It's been moved by -- Commissioner Suarez: What number is it? Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Sarnoff. Any further discussion? Commissioner Suarez: Second. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.9 RESOLUTION 15-00408 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Commissioner PROHIBITIONS IN SECTION 2-11.1 OF THE CODE OF MIAMI-DADE Wifredo (Willy) Gort COUNTY, AND APPROVING ACCEPTANCE OF THE PAYMENT OF TRAVEL EXPENSES BY CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC., FORA BUSINESS DEVELOPMENT MISSION TO POLAND, WHICH MISSION IS FOR THE USE AND BENEFIT OF THE CITY OF MIAMI ("CITY"); AUTHORIZING COMMISSIONER WIFREDO (WILLY) GORT TO REPRESENT THE CITY IN THIS BUSINESS ENDEAVOR; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS. 15-00408 Back-up from Law Dept..pdf 15-00408 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0171 Chair Gort: RE.9. Commissioner Sarnoff. So move, Mr. Chair. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.10. Commissioner Sarnoff. Tell me how Game of Thrones is when you get there. Chair Gort: Beg your pardon? City of Miami Page 56 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 RE.10 15-00404 Department of Capital Improvement Programs/Transportat ion Commissioner Sarnoff. Just -- they film Game of Thrones right around there. Commissioner Suarez: I love that show, by the way. It's a good show. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST ADDENDUM TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("LICENSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING SECTION 21, IMPROVEMENTS, ALTERATIONS, ADDITIONS, OR REPLACEMENTS, OF THE REVOCABLE LICENSE ("LICENSE"), TO INCORPORATE THE ADDING OF ELECTRIC UTILITIES ("UTILITY WORK") TO THE PROPERTY, AS MORE PARTICULARLY DEFINED IN THE LICENSE; FURTHER INCORPORATING THE SCOPE OF WORK, WHICH IS ESTIMATED AT $3,306,000.00 WHICH IS TO BE FUNDED EQUALLY BY LICENSEE AND THE CITY; PROVIDING FOR THE CITY'S CONTRIBUTION TOWARDS THE COST OF THE UTILITY WORK TO BE ALLOCATED FROM CAPITAL PROJECT, B-40668, MARINE STADIUM PARK DEVELOPMENT; FURTHER REAFFIRMING THAT THE CITY'S AGGREGATE CONTRIBUTIONS TOWARDS THE COST OF IMPROVEMENTS TO THE PROPERTY SHALL NOT EXCEED $16,000,000.00; PROVIDING FOR ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT, IN A MANNER ACCEPTABLE TO THE CITY MANAGER, AND SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 15-00404 Summary Form.pdf 15-00404 Pre-Legislation.pdf 15-00404 Legislation.pdf 15-00404 Exhibit A.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0172 Chair Gort: RE.10. Mark Spanioli: Good morning, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.10 is an addendum to the revocable license agreement with the Boat Show folks for the Marine Stadium Flex Park. This addendum incorporates a couple of things. One is the payments by the Boat Show folks, in an amount of about $1.65 million, to cover the additional electrical feeders that would be required for the floating dock portion of the show, and it also incorporates a section that increases the time required, the setup time for them to start as early as November 30. Chair Gort: Okay. Commissioner Sarnoff. Mr. Chair, I'd like to -- City of Miami Page 57 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: Yes. Commissioner Sarnoff -- make a motion to deny. Chair Gort: Motion to deny. Commissioner Sarnoff I do, and I'd like to be heard, if possible. Chair Gort: Sure. Vice Chair Hardemon: And if I may, can you explain some reasons why -- Commissioner Sarnoff I -- Vice Chair Hardemon: -- so first, and then make the motion so I can --? Commissioner Sarnoff I -- that's fine. So if you all will recall my comments concerning this particular use of the place with regard to the boating show, my questions to you in December 14 -- December of 2014 -- I apologize, Mr. Chair -- were pretty clear, which is, "What is this park going to look like the 10 days that the Boat Show wouldn't load in and load out? " And candidly, let me be truthful. The head of Capital Improvements, along with the Deputy Manager, were very clear, and I think they believed it at the time, that the load-in/load-out of this would be 30 days, so theoretically, we would have a park use for the better part of 11 months, if you will. And the park that was shown to me -- is there any way I can get that up? Can you please put this up on the screen, Communications? Are they on their coffee break or their lunch break? Well, Mr. Chair, this is what was shown to me for what the park would look like. In the process -- and any time Communications comes up, that'd be fine. Mr. Spanioli: We can provide them on the boards here. We'll bring them over. Commissioner Sarnoff Do you have them? Mr. Spanioli: Yeah, we do have them. Commissioner Sarnoff Perfect. Any -- just for the heck of it, when Igo to budgeting this year, can I find out what the Communications' budget is? Because, obviously, we either need to increase it or make a change. Commissioner Suarez: It's not small. Commissioner Sarnoff But, you know, maybe I'm in that box that Commissioner Carollo used to be in. So this park was attractive to me, and I think it should be attractive to all of us. And let me be candid with everyone. While this is in District 2, this is certainly a citywide issue. Now I've come to learn that for 220 days -- 240 days, they'll have use of that park, but for 160 days -- I know that doesn't add up, Commissioner Suarez -- for four months, the first year, it will be for the Boat Show to load in and for the Boat Show to load out, which means you'll have heavy equipment; it means you'll have what appears to be the artificial turf rolled up. You will not have use of a park facility, and I think that's not just incrementalism; that's a huge cavernous change from 30 days to 160 days load-in/load-out. Now, to be candid with you, the Administration says they think they can improve on the four months, getting it down to three months. That still is not where I want to be. As the Commissioner of the district and having my input with this Commission, I don't think we should have load -in and load -outs in excess of three months. Commissioner Suarez: Can I -- City of Miami Page 58 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff So this is where I'm getting off the bus and being very, very clear. While I could have tolerated an intense use of this by the Boat Show for a very short time to create the funding mechanism for what I think is a great recreational opportunity for the adolescents and kids of Miami to play, as well as the adults, I no longer think this is the true vision of this Administration. Because to have something torn up, rolled up for in excess of three months, that's a quarter of a year at least and a third of the year at most. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: I have maybe questions, comments, concerns; I don't know how to express it. Is -- when the capital improvements are done, is that what it will look like? Alice Bravo (Chief of Infrastructure): Alice Bravo, Deputy Manager. Yes. What you're seeing here are after the improvements are built and the artificial turf is rolled out. Commissioner Suarez: So the staging will go on top of that? Ms. Bravo: Well, what we would do is roll up the artificial turf -- Commissioner Suarez: Right. Ms. Bravo: -- to start erecting the -- Commissioner Suarez: (UNINTELLIGIBLE). Ms. Bravo: -- temporary structures. And ifI may, the agreement that we're amending provides 73 days of setup time for the show. Commissioner Suarez: Okay. Ms. Bravo: And basically -- Commissioner Suarez: That's a little more than two months. Ms. Bravo: Yes. Commissioner Suarez: Yeah. Ms. Bravo: So -- Commissioner Suarez: Two and a half. Ms. Bravo: -- this first year we're basically running all our construction up through the setup time for the show; and this is the first time that we're doing this setup, so we wanted to make sure that there's ample time to work out the kinks of it; and then the following year, we'll probably need less time. Commissioner Suarez: Mr. Chair, can I ask a couple -- Chair Gort: Yes. Commissioner Suarez: -- of follow-up questions? So, according to your -- according to this City of Miami Page 59 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 agreement, the setup time is 73 days? Ms. Bravo: We would start November 30. Commissioner Suarez: But it's 73 days, approximately? Okay. So there's slightly over two months. I guess my question is this -- because here -- I -- you know, I followed what's going on with Key Biscayne, obviously, tried to follow it as closely as possible. And obviously, I think their main concern -- and it may be slightly different from Commissioner Sarnoffs. I'm not saying that it's the same. Commissioner Sarnoff I don't think it is -- Commissioner Suarez: Their main concern is the intensity of the use, and the traffic that that would engender, if you will. To me, a larger setup would actually be better for them in a way, because it would prevent us from leasing it to someone else that would continue -- the traffic issue that they have, but I understand where you're coming from, which is different. Your concern is a little different. You want it to be -- yours is a use issue, you know, in terms of you know, this -- and for me, here's where I sit, okay, and maybe hope that this can be helpful. When we voted on the Boat Show, I think you kind of pinched your nose a little bit, in fairness to you, and said, "Let's do this for a year, and let's see how it works out. I'm not going to commit beyond a year." And I think we all were ready -- and I'll be honest with you. I was ready to jump all in, you know, 20 years, 15, 50 years, whatever, because I was looking at it more from a financial perspective of trying to defease [sic] the debt or whatever capital -- you know, just making it economically a good idea, so I -- you kind of -- it's kind of like the -- Commissioner Hardemon on the crime -- you know, the police staffing issue and trying to look at it in a different way. You made me look at it from a different perspective. You know, I think -- I understand where you're going with this, but this would, I think, derail the whole thing. I mean, this will -- this -- and I'm not saying that you're trying to do that, but my -- and even for Key Biscayne, I think we should at least give it one opportunity. You know what I mean? Let's see how it plays out. If you don't like it, I'm with you. You know I've stood with you when there's been a line full of people here that have not wanted to do what you want to do. Commissioner Sarnoff And we should call it Suarez Park." Commissioner Suarez: Well, I'll tell you this. It's -- you know, it was the right thing to do, and I think you're seeing, you know -- and there was a, "Well, let's do it one year. And then we said -- one year turned into two years; two years turned into three years, but every single year I was willing to blow that bomb up, you know. So I think we're in a similar situation here. I understand where you're going with this. You know, it's beautiful, and it's beautiful to think that we now have active -- we have brought online previously dormant -- which we did also with Museum Park -- park space and parkland. I would just say, let's give it one year, an opportunity; maybe there's efficiencies that are created for year two, which is, I think, what Ms. Bravo seems to be indicating. The 73 days is a little bit less than what you were led to believe. Ms. Bravo: And -- Commissioner Sarnoff Well -- Ms. Bravo: -- could I add one thing to ameliorate Commissioner's concerns? In talking to the provider that'll set up the temporary structures, basically, the first structures that would start November 30 are the ones on the west side of the Marine Stadium, which is always to be a parking lot. And then it would be phased in, the ones on the turf parking area, and then finally the ones at the field. So November 30, you wouldn't lose the fields. That would probably be late December. City of Miami Page 60 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff But I want to be clear with Commissioner Suarez, because I don't want them to think I go rogue when I get up here. I had a briefing with you this morning, very brief I had a briefing with Mark Spanioli much longer. I was told three, possibly four months, and I was told it's a million square feet of, I believe, tents; and it's just going to take a long time to set up a million square feet of tents, which -- Ms. Bravo: But with this phasing. We would start on the parking lot first -- Commissioner Sarnoff Oh, I -- Ms. Bravo: -- leaving the fields for last, so -- Commissioner Sarnoff Here's -- Ms. Bravo: -- you get an extra month without impacting the fields. So it's 73 days for the parking area, but it's actually less time, 40-something for the area with the fields. Commissioner Sarnoff So -- and I -- what I would ask is point me to where it says "73 days." Commissioner Suarez: Let's memorialize it, I think, is what he's trying to say. Memorialize it in the agreement. Ms. Bravo: Page 2 of 5. Commissioner Sarnoff Okay, so page 2 of 5 says they shall have not more than 73 days for load in the event and load out? Ms. Bravo: Seventy-three days before the event for (UNINTELLIGIBLE). Commissioner Sarnoff Okay. And then -- Ms. Bravo: And that would be phased -- Commissioner Sarnoff -- in the event -- Ms. Bravo: -- to impact the (UNINTELLIGIBLE) -- Commissioner Sarnoff Wait, wait, wait. Wait, wait, wait. Ms. Bravo: (UNINTELLIGIBLE) as least as possible. Chair Gort: Wait a minute. Commissioner Sarnoff All I -- Chair Gort: One at a time, please. Commissioner Sarnoff -- care about is from the time you roll up the carpet to the time you roll back the carpet. Ms. Bravo: And that's what I'm explaining. The carpet roll -up would not start at 73 days, because we would start in the western parking lot first, so that area would be 30 days later, perhaps, so. Commissioner Sarnoff "Perhaps." I love the -- you know, the adjective -- no, I guess it's called City of Miami Page 61 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 like an adverb, isn't it, "perhaps"? Chair Gort: "Perhaps." "Perhaps " is what makes the difference. Commissioner Suarez: Condition. Ms. Bravo: Well, this first year -- Commissioner Sarnoff I -- Ms. Bravo: -- because we're going straight from construction to set up, we wouldn't be rolling anything up. Commissioner Sarnoff But -- Ms. Bravo: But this year is where we're developing the timeline because we're having that experience for the first time. Commissioner Sarnoff Let's even assume it's 100 days. Let's assume it's 100 days. That is three months where you're going to have no use of a park. Commissioner Suarez: Mr. Chair. Mr. Chair, ifI may? Chair Gort: Wait. Are you finished? Commissioner Sarnoff Yeah, yeah. Chair Gort: Yes, sir. Commissioner Suarez: No. I think we're talking about two different things, if I'm not mistaken, because I'm listening to what you're saying. It seems like you're saying that the staging totally will take a certain number of time, but the field will be inactive for a shorter period of time, so -- and I think his concern -- by the way, understandable, from a Commissioner who's lost a couple of parks, have been inactive, you know, due to contamination, and one of which really benefits my district and has fields as well. Maybe we can amend the agreement to say that the fields will only be out of operation, if you will, for whatever you think is a reasonable amount of time to get that done so that he's not focused on the aggregate number and he's focused more on the field inactivity number, which I think is a legitimate concern. I think it's beautiful. It's -- I want to limit the amount of time that that's not useable as well. Ms. Bravo: Correct. So what we would propose -- Commissioner Suarez: Forty-five days? Do you think that would be enough? Ms. Bravo: How about 73 days for the overall setup, as it's written here -- Commissioner Suarez: Right. Ms. Bravo: -- and then the area with the fields, restricting that to 53 days? Commissioner Suarez: Okay. I mean, is he okay? I mean, it's up to him. Chair Gort: Let me ask you a question. The contract says "73 days, " right? Then you say you're going to start at the parking lot. City of Miami Page 62 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Ms. Bravo: Right. Chair Gort: And how long is that going to take? Ms. Bravo: Well, that -- Chair Gort: Thirty days? Ms. Bravo: That's the area we would go in first. Chair Gort: Right. How long do you think --? Ms. Bravo: But once they're up, they're up, so it's -- Chair Gort: I understand. How long do you think it will take? Ms. Bravo: I would say that area would take two to three weeks to set up. There's a unique curve structure in that area. Chair Gort: Thirty days, knowing the process. Thirty days. Take 30 days from 73, it means the field is going to be occupied for how long? Sixty -some days; is that what you're trying to tell us? Ms. Bravo: Trying to propose for the fields 53 days, so -- Commissioner Suarez: I think she's trying to give herself a little bit of wiggle room, because it's the first time she's done it. Ms. Bravo: This first year, we're not going to have the artificial turf in place. We're going straight from construction to show setup, so we're not impacting anything this first year. We want to make sure we do it right, that we're not, you know -- this is being done for the first time, so since there is no impact this first year, there's really -- setting these dates this first year doesn't impact any use of any field, so that's -- it's preferable to have the right amount of time, work out the kinks -- Commissioner Suarez: Yes. Ms. Bravo: -- and then we can set a tighter timeline for next year's show -- Commissioner Suarez: That's -- I mean, that's fine with me, but -- Ms. Bravo: -- once we have that experience under our belt. Chair Gort: My second question is -- Commissioner Suarez: That makes sense. Chair Gort: -- this is not in existence at this time? Ms. Bravo: Correct. Right now, that's all asphalt. Chair Gort: The field. Ms. Bravo: That's all asphalt right now, and we're about to start -- Chair Gort: Which means -- City of Miami Page 63 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Ms. Bravo: -- heavy construction. Chair Gort: -- part of the process in allowing this to take place, the field's going to be created. Ms. Bravo: Well, what we're installing there will be like an asphalt base that will be used for the temporary structures; and then once those temporary structures are removed, we'll lay out the artificial turf and it's a system that is rolled up. It takes about a day to roll it up. We have a sample here that we can show of the system. So this is used in all types of stadiums where they roll it up, they have an event, they roll it back out, and that's how they can use -- Chair Gort: Maybe we can start using that in the swales. Can cars go over it? Ms. Bravo: So this first year, we would be having our construction, then the show setup. And after the show setup, we'd lay out the artificial turf so it would be March of next year. So this first year, we're not impacting any recreational time. Chair Gort: You ever thought of using that in the swales? Mr. Spanioli: I mean, we have, yes. Yeah. Ms. Bravo: It would have to be traffic -worthy. So what we're asking for is this time; for this first year, let's learn what the timeline is, and then we can have a more constrained timeline for the second show once we have this experience, and then that's when the fields would be in use, and so that's when this really matters. Commissioner Sarnoff And let me ask you -- is it all right, Mr. Chair? Chair Gort: Yes, go ahead sir. Commissioner Sarnoff What happens when somebody wants to put the tulip show in there or some other show in there? Then we roll it up again and -- Ms. Bravo: Well, those are agreements that would have to come before the City Commission for approval. Commissioner Sarnoff I understand that. But there again, it's taking away a park use. Commissioner Suarez: Mr. Chair. Commissioner Sarnoff Well, I understand it's this Commission that can determine it, but I've seen this Commission determine some things that I wasn't onboard with, so. You know, I appreciate everything you're doing, Commissioner Suarez, I really do. For my money, and I guess it is, in some part, our money, you should be able to dismantle and put this back together again in 30 days, just this section, because you should be able to move your material to the east side of the park for proper removal. I just think -- I think maybe we're putting that size nine shoe -- you know, a size nine foot in a size seven shoe. I think it's cramped. Commissioner Suarez: Can I just respond to that? Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Two quick points. One, I kind of agree with what you're saying. You know, I think that where there's a will, there's a way; and certainly, staging in 30 days, I think, is doable. I mean, I don't -- I'm not an expert; I have no idea. But I presume that'll just mean they City of Miami Page 64 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 have to increase the volume of trucks that come in to set up -- Commissioner Sarnoff Well, think -- Commissioner Suarez: -- for a shorter period of time. Commissioner Sarnoff -- about Ultra. Commissioner Suarez: Right. Commissioner Sarnoff They could stage that in and out -- very heavy use, very large-scale tents, and they're able to do it in less than 10 days. Commissioner Suarez: Okay. I -- again, I'm not an expert. I think it can be done. But I think you touch on a larger point as well, and it's part of what -- and I have a discussion item that is on the next meeting, but I think the -- we've been asked to push it one more meeting, because the broader conversation is -- and this does affect the litigation as well, which is what is our vision for this, you know, in terms of park, you know, uses, all that stuff? And I think that is a discussion that, for whatever reason, just stopped. You know, after the whole fiasco with the Friends and all that stuff and we moved on this, it was like we were so happy that we got this going, and then we just like, "Okay, well" -- that's -- that was my point in bringing that discussion item. So I think we do need to have that conversation. Daniel J. Alfonso (City Manager): I would -- Vice Chair Hardemon: I have a question. In regards to 40 -- 53 days, 30 days, we're trying to set a time limit for this year and then moving forward. That's what this contract would set the time limit for. Ms. Bravo: Well, right now it amends the license agreement, and the license agreement has no term. It's basically revocable at any time by the City. Vice Chair Hardemon: Because my question then becomes if the concern is the use of the park space or the field space, but there is no field space to be used today, is there any way -- and I don't know, because -- I mean, this is something that's very close to our District 2 Commissioner. But do you set a certain time limit for this one and then put language as for every -- a year moving forward? Does that help satisfy the problem? Ms. Bravo: Well, we could do that, and add here 73 days before commencement of the show to take place, February of 2016, and this would be brought back for further amendment for the following show to accept that time -- Vice Chair Hardemon: That's for -- discussion on that one. Ms. Bravo: -- for the 2017 show. Commissioner Suarez: Make sense. Vice Chair Hardemon: I don't know. I mean, it's for discussion of -- with the Commissioners. Commissioner Sarnoff I -- you know -- I understand what you all are trying to do. I think the vision of this Commission might be different than the vision of the District 2 Commissioner, and I understand that. We've had that parting of the ways. I'm sure you've had it in situations with you. I may not join you guys on this. I implore you to keep a very tight leash on this show, because there are a lot of people -- a lot of pretty smart people who question what we're doing; City of Miami Page 65 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 and if it works out, you guys will seem brilliant. And if it doesn't work out, we'll just seem like the City of Miami. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: So what were the restrictions that you would require be? Commissioner Sarnoff I -- that they be -- that -- so the -- for this particular license year, she has a point, which is "I don't know have a load -in period because I don't have a built park." What I would say is that the section you see for the soccer stadium, that they be off the premise within 30 days. Vice Chair Hardemon: Move it. Commissioner Suarez: Let's go. Second. You know, and I'll say this -- and I'm going to support it and we're going to -- Vice Chair Hardemon: Well, we'll have to agree to it anyway. Commissioner Suarez: Yeah, yeah, we're going to pass it. The only -- and guess doesn't matter because we won't really know this year. We'll know if we keep doing this, by the way, because again, you make a good point. The point is we're not sure we want to keep doing this, for a lot of good reasons, but that's a decision we're going to have to make at some point, and we're going to re -discuss this and go through that. But they're going to have to do it within 30 days. Now, the concern I have -- and you can come back to this Commission, if you want, while you're doing it -- will it inadvertently make things worse for Key Biscayne? That's the concern that I have. Because if you're loading in the same amount -- if you're doing the same amount of work and you're just compressing the time frame, all you're doing is doing it for longer hours in a given day. You get what I'm saying? Commissioner Sarnoff Or -- Commissioner Suarez: Simple mathematics. Commissioner Sarnoff -- you can use a barge -- Commissioner Suarez: Well, I -- Commissioner Sarnoff -- and barge it -- there are a lot of ways -- Commissioner Suarez: Okay. Commissioner Sarnoff -- to get in and out of there. Commissioner Suarez: I have no idea. Commissioner Sarnoff Right. And I agree, because it could be an unintended consequence. Commissioner Suarez: That's what I'm worried about. Commissioner Sarnoff I don't deny that. And as Alice would say, "Then give me the chance to show you how to do it." Look, the one thing I've learned in my nine years of being here, if you don't keep a tight leash on people here, you have no idea where the dog's going to run. All I'm City of Miami Page 66 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 suggesting to you is that if you don't think you can break this down in 30 days, probably shouldn't be doing it. Victoria Mendez (City Attorney): Commissioner -- Ms. Bravo: (UNINTELLIGIBLE). Ms. Mendez: I'm sorry; ifI may? Ms. Bravo: Based on -- Ms. Mendez: The original agreement -- Commissioner Sarnoff No. I'm -- Chair Gort: Wait. Hold it, hold it, hold it. One at a time, please. Vice Chair Hardemon: With my -- Chair Gort: Commissioner, are you finished, Commissioner Sarnoff? Commissioner Sarnoff Yeah. Again, I'm saying that the soccer field should be functional 30 days after the last day of the Boat Show. Ms. Bravo: And that's what we have here, 28 days that everything will be cleared out -- Commissioner Sarnoff Can you read it to me? Can you read it to me? Ms. Bravo: Okay. This section of the agreement is also being modified to permit the licensee access to the property, remove and take down equipment up to 28 days after the final date of the show. Commissioner Sarnoff Okay, but that doesn't say a functioning soccer field within 30 days. Ms. Bravo: We can add that, and that's our onus to lay out the field. That's fine. We could agree to that. Commissioner Sarnoff So then, in the 31st day -- and I want this record to be clear -- Ms. Bravo: The field will be ready for play. Commissioner Sarnoff Wait, wait, wait, wait. And if it is not, there would be -- and I want to hear you say this -- a breach of a license agreement. Commissioner Suarez: And I'll -- Commissioner Sarnoff Wait, wait, wait. Let her say it. Chair Gort: Say -- wait. One person, please. Ms. Bravo: Yes. Commissioner Sarnoff Okay. Commissioner Suarez: Can I -- she can't buy the (UNINTELLIGIBLE), but can I just -- because City of Miami Page 67 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 I think you said something, and I want to make sure that what you're trying to say is what you said. Commissioner Sarnoff Go ahead. Commissioner Suarez: The field will not be inactive for more than 30 days. Ms. Bravo: After the last day of the show. Chair Gort: After the last day of the show. Commissioner Suarez: That's not what he's trying to get at, I don't think. Commissioner Sarnoff But I'm getting to this -- just this year -- right, because -- correct me if -- is this coming back -- wait, wait, wait. Is this coming back to the Commission next -- 2015 -- '16? Ms. Bravo: So I'm saying that that would be the proper amendment to this; to say that we're providing these days for the show to be held in 2016, and that we would come back to the Commission with a new set of dates for 2017 and subsequent shows with that experience under our belt. Commissioner Sarnoff So what I'm doing is buying this year's license agreement of ensuring the soccer parks are functional on the 31st day? Ms. Bravo: After the end of the show, yes. Commissioner Sarnoff After the end of the show. And then, is there any way then that somebody could inadvertently -- you know how things are inadvertently done in the City -- just continue that license agreement without bringing it back to the Commission? Ms. Bravo: No, because they would need the additional time. Commissioner Sarnoff No. Do you under --? Chair Gort: What was the answer? I'm sorry. Ms. Bravo: Well, we would have to bring it back after the 2016 show to amend for the new set of time for the 2017 show -- Commissioner Sarnoff But what mechanism -- Ms. Bravo: because it reverts back -- Commissioner Sarnoff Wait, wait. Ms. Bravo: -- to the original amendment. Commissioner Sarnoff What mechanism brings it back? I want to hear the mechanics of it. Ms. Mendez: Commissioner, just a few things. This has to come back before you because the date encompassed here is just the 2016 period. So this has to come back before you in that regard. Commissioner Sarnoff Doesn't have a rollover provision; doesn't have any mechanism where City of Miami Page 68 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 the landlord doesn't take any action; that it's just considered to be a holdover scenario. Ms. Mendez: No. We -- the way -- remember, the way that we originally discussed this, it was going to be for next year with -- you know, with both parties trying to work together to make it a longer period of time in the future; the five-year period that we had talked about. Commissioner Sarnoff So I'm hearing the City Attorney tell me with great assurance that sometime in 2016 -- Ms. Mendez: This will be before you again, okay. Commissioner Sarnoff Won't be before me, but it'll be for a Commission. Okay. Ms. Mendez: The body. Commissioner Sarnoff Yeah, the body, okay. Ms. Mendez: Yes. And then the other thing that I just wanted to point out -- because I know you were talking about this 30-day period. Remember, the original document that we signed had to do with - we talked about 14 days after and 21 days before, so that's a little bit bigger than a 30-day period so -- Commissioner Sarnoff Fourteen days after and 21 days before is what? Ms. Mendez: For -- Ms. Bravo: That's what was in the original license -- Commissioner Suarez: Five days. Ms. Bravo: -- and that's what we're modifying here -- Ms. Mendez: Right. We're modifying -- Ms. Bravo: -- (UNINTELLIGIBLE). Ms. Mendez: -- it to the 73 days, but I know -- I was hearing that you were talking about the 30 days. Just remember that there is a provision already that was discussed, which would be coming in, I believe, 21 days before and then -- Ms. Bravo: But that's what we're modifying. Ms. Mendez: I understand. But they wanted to make it even tighter, and it cannot be tighter than the original document, is what I'm saying. Ms. Bravo: And we're -- Unidentified Speaker: No. Ms. Bravo: -- talking about these dates, so it's not as tight as the original. Ms. Mendez: Okay. I just wanted to make sure there wasn't a total time frame. Ms. Bravo: Okay. City of Miami Page 69 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff Y'all getting this? Vice Chair Hardemon: No, I don't. Mr. Chairman, that's why I want to clar5 then how that affects the motion that I made that -- Chair Gort: (UNINTELLIGIBLE). Vice Chair Hardemon: -- Commissioner Suarez -- Ms. Mendez: I just -- Vice Chair Hardemon: -- modified. Ms. Mendez: I understood that the motion you were making is that everything needed to be done within 30 days, coming in and coming out. Unidentified Speaker: No. Ms. Bravo: No. Commissioner Suarez: No, no. Ms. Bravo: No, no, no. Ms. Mendez: Okay, so what is the motion that you are making? Ms. Bravo: Could I -- Commissioner Suarez: The field has to be -- Ms. Bravo: Could I clam it? Commissioner Suarez: Yeah, yeah. Ms. Bravo: All right. Chair Gort: Yes, go ahead. Ms. Bravo: So we're going to have the 73 days before commencement of the show for the 2016 show, and we'll have the takedown of the equipment 28 days after final day of the shows [sic], with the new soccer fields in place 31 days after the end of the show; and we'll do that for the 2016 show, and this will be brought back for further amendment for the 2017 show once we have the experience and perhaps can curtail the time a little more. Commissioner Sarnoff And I hope my Commissioner, who I know will be up here, Suarez, will look in extreme detail for the amount of downtime the soccer field will have for the 2017 show. Commissioner Suarez: And I hope that the Administration communicates to the vendor that it's the expressed will of this Commission that everything be -- that the soccer field not be inactive for more than 30 days. Commissioner Hardemon: And I adopt the language that was stated by our Deputy City Manager. Commissioner Suarez: Figure it out. City of Miami Page 70 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 BC.1 15-00409 Ms. Bravo: Okay. Chair Gort: Okay. Ms. Bravo: Okay. Chair Gort: And I promise I'll follow it, too. Commissioner Sarnoff Thank you. You'll be here -- the three of you will be here and it -- do not allow incrementalism to happen, because we get incrementalized all the time. Chair Gort: Okay. Vice Chair Hardemon: Mr. -- Chair Gort: You want to go over the motion? Daniel J. Alfonso (City Manager): Mr. Chairman. Just real quick, Mr. Chairman. I want to also clam something. This is a depiction of soccer fields, you know, but if we draw lines differently or have some other kind of game, as long as there's green space, are we okay with that? Commissioner Suarez: Could be flag football. Mr. Alfonso: All right, thank you. Commissioner Sarnoff Yeah, yeah. Mr. Alfonso: Thank you. Commissioner Sarnoff Could also be -- somebody came up asking for -- Chair Gort: A multi -use field. Commissioner Sarnoff Somebody asked for rugby, too, so -- Commissioner Suarez: That'll be interesting. Vice Chair Hardemon: That's really intense usage. Chair Gort: Okay, any further discussion? There's a maker and a second. All in favor, state it by saying aye." " The Commission (Collectively): Aye. Mr. Hannon: As amended. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION City of Miami Page 71 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marie Vickles Vice Chair Keon Hardemon 15-00409 Arts CCMemo.pdf 15-00409 Arts Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0174 Chair Gort: Okay, we have BCs (Boards and Committees). Nicole N. Ewan (Assistant City Clerk): Yes. Good afternoon, Commissioners. BC.1, Arts & Entertainment Council, Vice Chair Hardemon will be reappointing Marie Vickles. Vice Chair Hardemon: Move it. Commissioner Suarez: Second. Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Second Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 14-00964 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00964 Audit CCMemo.pdf 14-00964 Audit Current_Board_Members.pdf NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Francis Suarez City of Miami Page 72 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 BC.3 15-00410 Office of the City Clerk NO ACTION TAKEN RESOLUTION 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: Marie Louissaint Vice Chair Keon Hardemon 15-00410 Bayfront CCMemo.pdf 15-00410 Bayfront Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0175 Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust, Vice Chair Hardemon will be reappointing Marie Louissaint. Vice Chair Hardemon: Move it. Chair Gort: It's been moved -- Commissioner Suarez: Second. Chair Gort: -- and second. Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. BC.4 RESOLUTION 15-00289 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM COMMITTEE FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Frank Carollo 15-00289 Charter Review CCMemo.pdf 15-00289 Charter Review Current_Board_Members.pdf NO ACTION TAKEN City of Miami Page 73 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 BC.5 15-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk ATTENDANCE BY FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO WILLIAM W. RILEY, JR AS A MEMBER OF THE CIVIL SERVICE BOARD. 15-00411 Civil Service CCMemo.pdf 15-00411 Civil Service Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0176 Nicole N. Ewan (Assistant City Clerk): BC.5, Civil Service Board. This is a resolution waiving the attendance of William Riley, Jr. as a member of the Civil Service Board by a four -fifths affirmative vote. Chair Gort: Do I have a motion? Commissioner Suarez: Move it. Vice Chair Hardemon: Second. Chair Gort: Been moved, Commissioner Suarez; second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.6 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: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City of Miami Page 74 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 BC.7 15-00412 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN RESOLUTION 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. APPOINTEES: (Alternate Member) (Alternate Member) 15-00412 CEB CCMemo.pdf 15-00412 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.8 RESOLUTION 15-00413 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: 15-00413 CRB CCMemo.pdf 15-00413 CRB Current_Board_Members.pdf 15-00413 CRB Memo and Resumes.pdf NO ACTION TAKEN BC.9 RESOLUTION NOMINATED BY: Mayor Tomas Regalado Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff City of Miami Page 75 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 15-00414 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 15-00414 CSW CCMemo.pdf 15-00414 CSW Current_Board_Members.pdf NO ACTION TAKEN BC.10 RESOLUTION 15-00291 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. BC.11 15-00415 APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 76 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 BC.12 15-00422 Office of the City Clerk 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 IAFF FOP 15-00415 EOAB CCMemo.pdf 15-00415 EOAB Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO EDILFA PEREZ AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 15-00422 EOAB CCMemo.pdf 15-00422 EOAB Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0177 Nicole N. Ewan (Assistant City Clerk): BC.12, Equal Opportunity Advisory Board. This is a resolution waiving the employment requirements by a four -fifths vote for Edilfa Perez. Vice Chair Hardemon: Move it. Commissioner Sarnoff. Second. Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Suarez: Second. City of Miami Page 77 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.13 RESOLUTION 15-00416 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AAPPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Elsa Pelaez-Lopez Commissioner Francis Suarez 15-00416 Finance CCMemo.pdf 15-00416 Finance Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0178 Nicole N. Ewan (Assistant City Clerk): BC.13, Finance Committee. Commissioner Suarez will be appointing Elsa Pelaez-Lopez. Commissioner Suarez: Move it. Vice Chair Hardemon: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.14 RESOLUTION 15-00417 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Timothy Barber Vice Chair Keon Hardemon (Citizen - Category 7) City of Miami Page 78 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 15-00417 HEP CCMemo.pdf 15-00417 HEP Current_Board_Members.pdf 15-00417 HEP Applications.pdf 15-00417 HEP Application Summary.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0179 Nicole N. Ewan (Assistant City Clerk): BC.14, Historic & Environmental Preservation Board. Vice Chair Hardemon will be reappointing Timothy Barber. Vice Chair Hardemon: Move it. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Suarez: Second. Chair Gort: Commissioner Suarez second it. Any further discussion? Being none, all in favor, state it by saying Ewe." The Commission (Collectively): Aye. BC.15 RESOLUTION 15-00418 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: 15-00418 MIC CCMemo.pdf 15-00418 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.16 RESOLUTION 15-00419 NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo 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: Chair Wifredo (Willy) Gort Chair Wifredo (Willy) Gort City of Miami Page 79 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Davie Madison Vice Chair Keon Hardemon 15-00419 MSEACCMemo.pdf 15-00419 MSEA Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0180 Nicole N. Ewan (Assistant City Clerk): BC.16, Miami Sports & Exhibition Authority. Chair Gort will be reappointing himself to the board; Vice Chair Hardemon will be reappointing Davie Madison. Vice Chair Hardemon: Move it. Chair Gort: Move it by Commission -- by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying ilye. The Commission (Collectively): Aye. BC.17 RESOLUTION 15-00420 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-00420 PRAB CCMemo.pdf 15-00420 PRAB Current_Board_Members.pdf NO ACTION TAKEN BC.18 RESOLUTION 14-00982 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ernest Martin Vice Chair Keon Hardemon City of Miami Page 80 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 14-00982 PZAB CCMemo.pdf 14-00982 PZAB Current_Board_Members.pdf 14-00982 PZAB Applications.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0181 Nicole N. Ewan (Assistant City Clerk): BC.18, Planning, Zoning & Appeals Board. Vice Chair Hardemon will be reappointing Ernest Martin. Vice Chair Hardemon: Move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.19 RESOLUTION 15-00439 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Wayne Pathman Commissioner Frank Carollo Pete Gomez City Manager Daniel J. Alfonso 15-00439 Sea Level Rise CCMemo.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-15-0182 Nicole N. Ewan (Assistant City Clerk): BC.19, Sea Level Rise Committee. Commissioner Carollo will be appointing Wayne Pathman; City Manager Daniel Alfonso will be appointing Emergency Manager Pete Gomez. Chair Gort: I understand my appointment, you waiting for the resume? Ms. Ewan: That is correct. Chair Gort: Okay, thank you. City of Miami Page 81 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Suarez: Move it. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.20 RESOLUTION 15-00297 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Neil Hall Vice Chair Keon Hardemon 15-00297 UDRB CCMemo.pdf 15-00297 UDRB Current_Board_Members.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0183 Nicole N. Ewan (Assistant City Clerk): BC.20, Urban Development Review Board. Vice Chair Hardemon will be reappointing Neil Hall. Vice Chair Hardemon: Move it. Commissioner Suarez: Second. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you, Commissioners. That concludes the boards. Chair Gort: Thank you. BC.21 RESOLUTION 14-00867 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff City of Miami Page 82 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Frank Carollo 14-00867 VKBPT CCMemo.pdf 14-00867 VKBPT Current_Board_Members.pdf NO ACTION TAKEN BC.22 RESOLUTION 15-00421 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. DI.1 15-00312 City Commission APPOINTEES: 15-00421 WAB CCMemo.pdf 15-00421 WAB Current_Board_Members.pdf NO ACTION TAKEN DISCUSSION ITEM NOMINATED BY: Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo DISCUSSION ITEMS STATUS OF HIRING POLICE OFFICERS. 15-00312-Submittal-City Manager -Police Department Hiring and Staffing Update.pdf 15-00312-Submittal-Commissioner Sarnoff-Article-The Atlantic -More Police, Managed More Effect Cri me. pdf DISCUSSED Commissioner Suarez: Do we do the deferrals for PZs (Planning & Zonings) or (UNINTELLIGIBLE) ? Chair Gort: Discussion item. DI.1. Rodolfo Llanes (Chief of Police): Good afternoon, Commissioners. Rodolfo Llanes, Chief of Police. Since the last Commission meeting, we've hired 4 officers; 24 hired year-to-date; 2 awaiting medical clearance. This week we will orient 400 new applicants from the new list, and the memo was submitted. City of Miami Page 83 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff Chief these numbers now in April -- and I guess it's just your April through March numbers. Do these reflect the new numbers from the list from last time, from the memo that you sent out? ChiefLlanes: Yes, these have been updated numbers. Commissioner Sarnoff Could -- would you -- I got you. I was going to say, could you give us an update of all your previous ones, but I guess, theoretically, all you do is look at your memo updated every month, right? Okay. So from now on, we're going to get the new updates? ChiefLlanes: Yes. Commissioner Sarnoff Okay. Are you -- I don't know if you read, or you watch or you follow the Brennan Center for Justice, which is the NYU (New York University) School of Law. Do you follow that? Chief Llanes: I do. I've been asked to participate. Commissioner Sarnoff To participate? Chief Llanes: Yes, sir. Commissioner Sarnoff That's a -- it's a very respected -- very respectful school. Did you happen to read their law review article? Chief Llanes: I have not yet. Commissioner Sarnoff And -- so I want to make you aware of the fact that the Atlantic, which I think is a -- is that -- that's a pretty conservative magazine, right? Todd, is that liberal or conservative? Todd B. Hannon (City Clerk): I would say it's in between; not conservative, not overly liberal, like Mother Jones, but -- Commissioner Suarez: That's what the Clerk would say, lh between'kind of -- Commissioner Sarnoff "In between, " all right. Well -- Commissioner Suarez: Switzerland. Commissioner Sarnoff -- there you go. Fair in balance, as they say. Commissioner Suarez: Switzerland. I'm going to go over to Switzerland. Commissioner Sarnoff There you go. So I just want to bring to your attention that in February of this year, the Atlantic did a very nice piece on "more police manage more effectively" -- and it says -- "really can reduce crime." And I'd just ask you to read it at -- some people will be named in there that I think you know -- John Timoney, Bill Bratton. I think you're kind of a fan of one of them. And they're a real advocate that more police can lower crime by as much as 10 to 20 percent. I hope you would agree with their findings; I don't know if you do. I'll ask you to read it so for the next time you could say -- Commissioner Suarez: Can you send it to us as well, too? I'd like to read it too. City of Miami Page 84 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Sarnoff Oh, sure, I'll get you a copy. It's not long either. And they're going to do a follow-up, as well. So I'm just curious whether you agree with what's being said there, disagree, or couldn't comment. But I'd give you the opportunity to read it. Chief Llanes: After I read the article, I will more than gladly comment on it. Commissioner Sarnoff Yeah, I'm sure you would. You're not a bashful guy. Chair Gort: The article is -- Commissioner Suarez: That's good; good idea. Chair Gort: -- more police officers and manage more effective. Commissioner Sarnoff Correct. Chair Gort: Okay, so it's a component of the two: More police officers and manage more effective, okay. Commissioner Sarnoff And this is where I think Mr. Ortiz might like. It always talks about the use of computers and having computers for every police officer to use. Sergeant Javier Ortiz: Thank you, judge. Chair Gort: Is that it? Commissioner Sarnoff That's it. Chair Gort: Yes, sir. Sergeant Ortiz: Sergeant Javier Ortiz, president of the Miami Fraternal Order of Police. Regarding hiring cops, I'm respectfully asking for this Commission to put together a shade meeting and go over the offer or the initial offer that has been made by the City of Miami's Administration. I would really like to expedite our negotiations in which we are able to actually come to a reasonable offer on both sides. You know, when we put an offer together, it's just customary that both sides put a lot of things in there that -- just a lot of fluff and we waste a lot of time doing that. The other thing is -- and some people feel that this isn't much of an issue, the fact that we just went to the Supreme Court this past week. But I will say that when the City has over 100 million in reserves and about 37 million in surplus that it's time to restore our benefits. And I do agree with Commissioner Sarnoff when it comes to the fact that we need to be adequately prepared. We want to have educated police officers, as well as, you know, effective managers, but the only way you can do that is by hiring the best. And, you know, the Chief of Police has been put in a very compromising position, because there's so much that you can do with staffing, and so one of the latest things that's being done is a complete restructure of where we're going to be putting officers, but it's really just a shell game, because if you have five officers, you only have five officers; and whether you put three in one zone or two in another, you're not going to be able to make more police officers , unfortunately. And that's why, last week, when there was that whole bickering on the radio, which I sent to all of you, of two police sergeants struggling to get police officers, there really isn't any zone integrity, and I don't blame the Administration as far as police; we just aren't able to hire adequate police officers. Thank you. Chair Gort: Thank you. Okay, DI.2. Chief Banes: Can I say something before we go on? City of Miami Page 85 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 DI.2 15-00321 City Commission DI.3 15-00440 Chair Gort: Sure, I'm sorry. Go ahead. Chief Banes: And, you know, the restructuring of patrol resources is about effective management of the resources that you have. And although the president of the union is a future manager of police resources, I think we'll -- my comment is that I think the plan will work to effectively reorganize and deploy our resources in the most efficient manner, to my belief and it may or may not work, but I'm going to try it. And so -- and effective management being one of the two prongs of that, that's the -- what we're going to do. Chair Gort: Thank you, sir. Thank you. Any further discussion or --? DISCUSSION ITEM STATUS REPORT DETAILING HOUSE NIGHTCLUB'S COMPLIANCE WITH THEIR 4:00 AM LAST CALL AND 5:00 AM HARD CLOSE RESTRICTIONS, IN ADDITION TO ANY CODE OR NOISE VIOLATIONS. DISCUSSED Chair Gort: DI2, status report on House Nightclub. Esther Farmer (Overtown NET Commander): Good afternoon. Commissioner Sarnoff Colonel. Commander Farmer: With regards to the City of Miami Police Department -- Chair Gort: Excuse me. Commander Farmer: Okay. Chair Gort: And you are? Commander Farmer: Oh, Commander Esther Farmer. I'm the Overtown NET (Neighborhood Enhancement Team) Commander. Chair Gort: Thank you. Commander Farmer: With regards to the City of Miami Police Department and our status report is that as of November 2, 2014, we have not had any complaints of loud music. We continue on every Friday and Saturday to monitor the situation at Club House and have not received any complaints from any complainants regarding loud music. Chair Gort: Thank you. Commander Farmer: Thank you. Chair Gort: Thank you, ma'am. DISCUSSION ITEM City of Miami Page 86 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 District 2- Commissioner Marc David Sarnoff DISCUSSION REGARDING US1 TRAFFIC SIGNALIZATION. 15-00440 Presentation.pdf DISCUSSED Chair Gort: DI 3. Commissioner Sarnoff Oh, thank you, Mr. Chair. Now, I finally have Carlos Cruz- Casas here. We'll see how IT (Information Technology) treats you. I have their budget in front of me, and I have some Whiteout right now, and I am starting to whiteout as we speak. All right. So let me just introduce -- Mr. Chair, I suspect each Commissioner uses certain streets, but especially US 1; happens to be the street that I use predominantly, and I don't know how you've been feeling -- although, I do know, because we had this conversation last time. It seems like there's traffic where there has never been traffic before, because traffic signalization does not seem to be coordinated as it had been before. Before the Miami Herald Op -Ed, I spoke to Carlos Cruz-Casas, our head of Transportation, and asked him to start looking into why traffic signalization had changed, and he actually said there had been a significant change in the way the County started traffic signalization -- I think you said the latter part of 2012 with a new system, and then, to and behold, the Miami Herald actually does an op-ed on it, confirming what Carlos had to say. So I just want to let him speak. I'm not here to bash the County. As Commissioner Carollo -- Chair Gort: Let's have one meeting, please. Hello, can we have one meeting? Unidentified Speaker: Yes. Chair Gort: Thank you. Commissioner Sarnoff As Commissioner -- Chair Gort: Go ahead. Commissioner Sarnoff I'm sorry. As Commissioner Carollo had said, I'm not here to bash the County. I'm merely here possibly to pass a resolution asking them to expedite synchronization, but before we get into the resolution, I'd like Carlos to explain to us exactly what he's found and what is going on so that we can make a cogent motion. Carlos Cruz-Casas: Well, thank you, Commissioner. Carlos Cruz, Transportation manager for the City of Miami. I put together a short presentation on US 1, the corridor, the existing condition, and what's going on with the signalization system US 1. As you know, US 1 is our one and only main arterial that connects all this urban center on the south side of Miami from Kendall, Dadeland, South Miami, UM (University of Miami), Coral Gables, Coconut Grove, and Brickell. The volume into US 1 had changed slightly in the last couple years, but the big change has been the rebalance of the traffic flows on -- during the day, having a midday being one of the peak now. Not only that, US 1, as you can see in this section that we have in here, the geometry and the geography of the -- this corridor is a diagonal corridor that connects and intersect with major venues and major streets that create a lot of interruptions throughout. This section goes from LeJeune all the way to the Rickenbacker. It's about four miles and has more than 12 signals. That is a lot of interruption in the traffic flow for a major arterial. When we look at the specific intersection, we're looking right now at US 1 and 27 Avenue. This intersection often sees queues exceeding a quarter mile, and it has three lanes in each direction along US 1. There's some restrictions that we have right now in terms of the turn movements. And DOT (Department of Transportation) and the sunguide.info website have these updated images, and that's what you see here in your top left. And it's excessive queuing along US 1 going northbound both and City of Miami Page 87 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 southbound. We see more than 87,000 vehicles along this intersection and more than 69,000 vehicles in one hour in one direction. This is a chart. This represent what we going -- we have going on right now. This is a three-day count, using -- counting every vehicle in -- for every 15 minutes for a 24-hour period. And what you see there in the graph is that we only have a demarcation of one peak hour, which is the northbound traffic in the morning, which is a big discrepancy between the southbound traffic in the morning. However, throughout the day, now we have volumes going both north and south. And -- but I believe you mentioned before, we're growing vertically in different locations; and actually, we have residents in downtown Miami that is going to work somewhere else. So there are times where we have Miami to be just a place of coming to commute and send them back home in the afternoon is no longer the case, so we have a lot of conflicts going on throughout the day. I'm a numbers guy; I wanted to show it in the graphic form, as well. If you focus on the right columns that we have over here, the numbers in red are the ones that are shown in the discrepancy or a directional ratio that is greater than 40/60, 40 to 60 percent; 40 percent going in one direction, 60 percent in the other -- start telling us the true about a true directional commuting pattern. We don't have that in US 1 anymore. It is right now only four hours for the day having that conditions [sic]. So, as we talk, this is a condition on US 1. What the County has done. The County has a state-of-the-art system. It is called the Advanced Traffic Management System. It was the transition from the old traffic signalization program. They started the migration in 2005, and they didn't end the migration until 2012. One of the things are going on in the system right now, and it's kind of not helping, is that all the transition happen where a lot of drastic changes in traffic flow happen. The recession, the boom, and all that happen during transitions are now to adapt to that traffic flow that we have existing right now. It was hard for them. The current system, as I mentioned, is a state-of-the-art system. There's only one big flaw have right now, and it is the information that gets. Right now we have -- imagine us trying to buy the new iPhone and only for making phone calls and texts; we're not doing more with that, and that's what happen in here. They have a Advance Traffic Management Signal that can do a lot more, only receiving static information from the (UNINTELLIGIBLE) detectors at some locations at the intersection. This is basically what's going on and what's impacting the services in the system. The ATMS (Advance Traffic Management Signal) and all the information they gathered through the years have allowed them to do some preset timing plans. This is where they use through -- every single day in order to manage traffic. They can manage traffic remotely but only using the preset time and plans they've gotten from the information available. That's what you see, and this is information available online for every single signal they have, which is more than 2,800 signals in the County. In timing plans, they work great when you have predictable traffic and getting them through, but when you have a unpredictable traffic demands and big variables throughout the day, it's hard for them to find a plan that will address that on the spot. Commissioner Sarnoff Does that mean that there is no way to improve it? Is that --? Mr. Cruz-Casas: No. It is, it is, andl believe the County is working on that, and it's the next step what the nation is moving forward -- towards to. What they need is good information, good real time information, and that's becoming with the new technology of new detectors, using Bluetooth, magnets, using radars, and that's where we need to jump in. This is information. Yes, Alice. Alice Bravo (Deputy City Manager/Chief of Infrastructure): And in speaking to the County, they're working on two pilot projects with FDOT (Florida Department of Transportation). Chair Gort: And you are? Ms. Bravo: Alice Bravo, Deputy City Manager. Chair Gort: Thank you. City of Miami Page 88 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Ms. Bravo: Thank you. So they're working with FDOT on two pilot intersections where they're going to have camera, detection systems, and points further back from the intersection. So, as Carlos is saying, be able to detect, you know, if one queue is a quarter of a mile long versus on the other side that's only a few hundred feet. The current detection system doesn't differentiate between those, so it doesn't know to reallocate green time to the leg that has the longer queue. So we need the system. The system is smart. We need to feed it the right data to make it more efficient. Chair Gort: Let me ask a question. Who's going to feed the data? Because yesterday, I had to go from downtown, as I explained to the -- up to the park on 37th Avenue and Northwest and 14th Street, taking Flagler Street. I stopped at 22nd Avenue; it took me about 20 minutes to get to 27th Avenue. I think I had to go through maybe seven traffic lights before I could come across. And if you go to 8th Street, if you go to 17th Avenue, 27th Avenue, and 7th Avenue, all those corridor -- and meetings that we've had with them trying to keep the traffic out of the neighborhoods, they tell us, "Well, we use that as part of our arterial placement for the" -- "getting the" -- Ms. Bravo: They're working on technology for detection, basically to detect how far back the vehicles are stacked at a signal. There's a lot of smart data out there, and there are many apps that, for example, track users by their cell phone and their location, and based on that, they gauge travel time and where cars are stacking up. So all that data is out there. It's a matter of collecting it, harnessing it, and feeding it to this computer system, and then it could calibrate the signal timing to make it as efficient as possible, and get that nice flow where you could leave downtown down US 1 and have signal progression all the way to Kendall. Chair Gort: And they don't have enough personnel to collect all the data necessary throughout the City of Miami, because I can show you. I mean -- Ms. Bravo: The best data is on our cell phones. Mr. Cruz-Casas: Exactly. And the other thing that we have going on is they have one traffic control center in the County. It's a room about this size with a lot of screens going on, which is the entire County. And they're looking at incidents throughout the County to start seeing what needs to be addressed in the moment. That leads, as well, to lack of resources to look into how we're going to address the specific corridor throughout the day with that many corridors . I can imagine an emergency in other portion of the County would trump just typical congestion that's going on through the day. But -- Commissioner Sarnoff Are -- so you're saying the County is not devoting adequate resources, whether it's financial, personnel or a combination of the two, to traffic movement in Dade County? Mr. Cruz-Casas: I believe they have the resources to cover the County, but I'm not sure right now where all the congestions that we have countywide, that we have all the resources that we need for Miami -- the City of Miami itself. Commissioner Sarnoff So now here's what I'm hearing you to say. They have the adequate resources countywide, but they're not devoting adequate resources to the City of Miami? Mr. Cruz-Casas: And -- Commissioner Sarnoff Did anybody hear that differently? Chair Gort: I can tell you that. City of Miami Page 89 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Suarez: I heard (UNINTELLIGIBLE). Vice Chair Hardemon: It sounds to me as if the County has unincorporated Dade -- they're giving the money to unincorporated areas but not to the incorporated area of the City of Miami. That's what it sounded like to me; maybe a little worse than what you heard. Commissioner Sarnoff No. I felt like you just said, "No; County has adequate resources, but those resources are not being deployed to the City of Miami." Mr. Cruz-Casas: The County has their own traffic control center, which is they have the entire County looking -- the entire County. I'm not sure if the size of the County is well served by the traffic control center. Yes. Ms. Bravo: And ifI could expand on what Carlos is saying, perhaps. They're focusing on traffic countywide and major movements. They don't have the capacity to stay focused on a special event area and try to manage that traffic. So, you know, that type of microscopic analysis would require (UNINTELLIGIBLE). Chair Gort: But let me ask you a question. Most of the traffic that goes through the City of Miami is going to the suburbs. Ms. Bravo: Well -- Chair Gort: I mean, they're going north; they're going south and west. Commissioner Sarnoff If we were to cut out the City of Miami as a funder of the County, what percentage would we be cutting out? I think -- I'll bet Danny Alfonso knows that. Ms. Bravo: A funder of gas tax that goes to Public Works of the County? Commissioner Sarnoff Just all taxes in general, just so that we would get attention in Dade. Are we 10 percent of the County budget, 20 percent of the County budget, 30 percent of the County budget? Daniel J. Alfonso (City Manager): We're definitely more than 10 percent. In property tax alone, we're about 37 billion of 210 billion. Ms. Bravo: Fifteen percent. Mr. Alfonso: Yeah, so we're about 15 percent of the property tax. Commissioner Sarnoff. Okay, and of impact fees? Mr. Alfonso: The impact fees are really hard to say, because it depends on how much development is going in one area or another, et cetera. But we -- suffice it to say that we're a significant portion. Commissioner Sarnoff And there's nobody in our -- there's nobody comparable to us, right? Mr. Alfonso: No. We are the biggest city in the core. Chair Gort: Central city, also. Commissioner Sarnoff Yeah, the land mass city, right. City of Miami Page 90 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mr. Alfonso: UMSA (Unincorporated Municipal Services Area) is about half the County. Ms. Bravo: Unincorporated -- Mr. Alfonso: -- in land mass and population. Chair Gort: Population. Commissioner Sarnoff Wait, wait. We are half -- Mr. Alfonso: No, no, no. UMSA, unincorporated -- Commissioner Sarnoff I'm sorry. Mr. Alfonso: -- is a million residents and it's about half the land mass. Commissioner Sarnoff Okay. Mr. Cruz-Casas: So, what was next, both Alice Bravo and myself will be meeting with the (UNINTELLIGIBLE) Administration in the County, Traffic Signals Design Division and Public Works Department in order to start looking for what are the alternative and what type of options we can do to at least bring some of these pilot projects to the City of Miami. There's new technology out there that will be able to look at all of the corridors and be able to make decisions on the fly without having to have somebody paying attention to your screens. And there's some pilot projects, as Alice mentioned. Our idea is to -- maybe we can start getting some of those pilots into City of Miami where we need it the most, which right now US 1, it seems to be one of the corridors that need it the most, and we have a whole list of other corridors in areas that need improvements. Commissioner Sarnoff Is it all right, Mr. Chair? Chair Gort: Sure. Mr. Cruz-Casas: Sure. Commissioner Sarnoff Is there ever a thought -- and I'm -- having looked at your data very briefly, I'm sort of arguing against myself. But has there ever been a thought to deploying one more lane for counterflow traffic; meaning, take one of the southbound lanes when people are heading northbound and devote it to northbound, or -- and the opposite at -- you know, during the rush hour home, so to speak? Would -- has anybody ever thought to do something along a counterflow, which they do in New York, which they do in Boston, which they do in Philadelphia, which they do in -- I don't know if they do that in Atlanta, but -- Mr. Cruz-Casas: Not along US 1. Ms. Bravo: I believe that was studied maybe a decade or two ago. There's better technology now, better equipment. Perhaps, the MPO (Metropolitan Planning Organization) can ask FDOT to analyze that again. Commissioner Sarnoff Don't we have a reso that's coming up? Chair Gort: That's been discussed -- Commissioner Sarnoff Can we incorporate that in the reso? City of Miami Page 91 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mr. Cruz-Casas: Sure. Ms. Bravo: Did it go to print yet? Mr. Cruz-Casas: It went for distribution, yeah. Ms. Bravo: To modify. Mr. Alfonso: Commissioners, I'm not a traffic engineer, but I'm picturing in my mind US 1, which has a median with left -turn lanes. To counterflow one lane of traffic on the other side, it would -- I think it would be chaotic. How do you make a left turn when traffic is oncoming on the center lane? I mean, that's going to be very interesting, but maybe the engineers can figure it out. Chair Gort: You can still do it. Commissioner Sarnoff Yeah. I -- Ms. Bravo: An option is to remove the left turn lanes, and then force people to make a right and go around. Commissioner Suarez: Right, right, right. Chair Gort: Right, right, right. Unidentified Speaker: (UNINTELLIGIBLE) know how right, right, right can (UNINTELLIGIBLE). Ms. Bravo: Two wrongs don't make a right, but three rights make a left. Commissioner Sarnoff I don't -- is there anything we can do to help promote moving along? Ms. Bravo: I think what you're looking at today is a result of a system that's just bursting at the seams. So having all this data, all this efficiency maybe improves travel times 5 or 10 percent, and maybe that efficiency is consumed with two or three more years of growth. All the solutions are transit based. Chair Gort: Mr. Manager. Mr. Alfonso: Yes. I would say, you know, transit -based ideas are the solution for US 1. I was thinking like in New York, you pay $6 to go into Manhattan. Maybe we put a $6 toll before you come into downtown Miami and US 1, and people would park on Dadeland South a lot more and get on the train coming south. Ms. Bravo: I know a few years ago, New York City proposed something called "Cordon Pricing, " which exists in London and some other cities internationally. And basically, you just find concentric circles around the downtown, and every time you cross one of those circles, you pay a toll. So, the closer you get to downtown and the closer during rush hour, the higher the toll is, and that would be supported with a mass transit system for those who can't afford to pay the tolls. Chair Gort: There's only one problem: You can apply that in New York; Miami, it's very dfficult. Ms. Bravo: Well, New York City -- City of Miami Page 92 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: I can tell you -- Ms. Bravo: -- couldn't get it through Albany at the legislative level. Chair Gort: Now, my question is we're looking -- analyzing how we can keep the traffic off our neighborhoods, and we're trying to get an agreement with the County. Where are we with that agreement? Ms. Bravo: That agreement, that I know of we finally resolved the technical details with staff, so it should be going to the County Commission shortly. Mark Spanioli (Director, Capital Improvements & Transportation): Good afternoon, Commissioners. Actually, that agreement, we did hash out the last little details it had, and apparently, Alina Hudak can sign it on behalf of the Commission, so we should have it in about a week or so. Chair Gort: So all it need is signatures -- Mr. Spanioli: Correct. Chair Gort: -- on her? Mr. Spanioli: Correct. Chair Gort: Okay, thanks. Thank you. Mr. Spanioli: You're welcome. Chair Gort: Any other questions? Thank you, sir. That was a great presentation. Mr. Cruz-Casas: You're welcome. Commissioner Sarnoff Thank you. Chair Gort: (UNINTELLIGIBLE) we understand the problem and the solution is long range. DI.4 DISCUSSION ITEM 15-00190 City Manager's Office DISCUSSION REGARDING FUNDING SOURCES FOR MARINE STADIUM IMPROVEMENTS. 15-00190 Memo - City Manager.pdf DISCUSSED Chair Gort: Mr. Mayor, you're recognized. And Commissioner Xavier Suarez, it's a pleasure to have you with us here, as well. Mayor Tomas Regalado: Thank you, Mr. Chairman. Good morning, Commissioners. Good morning again. Just as a little background, on 2004, the voters of Miami -Dade County approved the issuance of GOB (General Obligation Bond) bonds in line items, and those line items, some of the money was used for museum; some for public house; some from roads; and there were money allocated for historical buildings. Those are $10 million that were voted by the residents of Miami -Dade County for historic buildings. Several years ago, I went to the City -- to the County Commission, along with Miami -Dade Heritage Trust and then a group that later become City of Miami Page 93 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 the Friends of the Marine Stadium, for an allocation of $3 million in historical preservation bond money from the County for the Marine Stadium renovation. The County Commission at the time gave the City certain time to come back with the details of the governance, and economic report and the plans for the renovation of the Marine Stadium. That deadline, as a matter of fact, is on this month. That is why several days ago, I wrote a letter to the County Commission member for District 7, which encompass Key Biscayne, the Marine Stadium, Brickell, Little Havana; former Mayor of Miami, Javier Suarez, and now County Commissioner for District 7. Mayor Suarez has been a supporter of the renovation of the Miami Marine Stadium even before he became member of the Commission, and when he became member of the Commission, he has been at the forefront of the renovation of the Miami Marine Stadium. In that letter, I request from Commissioner Suarez an extension, because, as you know, the City Commission has to go through the process of approvings [sic] the governance and all the details that will move forward the renovation of the Marine Stadium. In that letter, also it was stated that the $3 million allocated by the County Commission on District 7 are not part of the money that is being used for the Flex Park, which is part of the master plan of Virginia Key and the Miami Marine Stadium. Commissioner Suarez has, as always, responded in a favorable way, and he's here today to address the City Commission in regards to this request; and, of course, on his mission for the Miami Marine Stadium, which is in his district of the County Commission. So -- Chair Gort: Thank you. Mayor Regalado: -- it is my pleasure to introduce the former Mayor of the City of Miami, and County Commissioner for District 7, Xavier Suarez. Xavier Suarez: Thank you, Mr. Mayor and Mr. Chairman. As you can see, I got the memo on how to dress here. I'm wearing the same -- I think pretty close to the same exact suit as the Mayor. Chair Gort: We didn't get a copy. County Commissioner Suarez: And to you, Mr. Chairman, I want to thank you, because how expeditiously you've handled my request to be heard. I wish that we would sometime reciprocate over in the County. Sometimes I see the Mayor or Alice Bravo. Mr. Manager, I want to tell you that Alice spends so much time over there that I think we're going to have to pay half of her salary. I'm sure you -- Commissioner Suarez: We'll take it. County Commissioner Suarez: I want to congratulate the Commission for its actions in regards to the Tri-Rail extension to downtown; the two respective heads of the CRA's (Community Redevelopment Agencies) for your efforts and leadership in making that happen. I know you're going to be looking at the figures a little bit more carefully, and I'm going to share my own investigation of that, because, as we all know, the County is part of any formula -involved CRA funding. I want to thank Commissioner Suarez for letting me park my car behind his. As I was approaching -- and I thought I had parked it in the right spot -- and a very friendly, but nevertheless very resolute sergeant -at -arms with a big smile informed me that I had parked it in the wrong place. I thought you had a white car; now, it turns out you have a black car. I think I had parked behind one of the Mayor's cars; I'm not sure; and that's, of course, Ray Carvil, who we know for many years. As stated by Mayor Regalado, Mr. Chairman and Members of the Commission -- oh, one last caveat or additional announcement: Commissioner Sarnoff, you'll be happy to know that in regards to the playhouse and in regards to the Marine Stadium, I have one additional authority, which I'm chairman of a committee that's now referred to as Economic Prosperity Committee, functions previously handled by Cultural Affairs and Parks had been separated, and you'll be happy to know that I now have a little bit more jurisdiction over cultural affairs, because that's put under my committee as opposed to parks. So when we try to get the City of Miami Page 94 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 playhouse finally going after all these years of effort, you'll have that additional support from my side of the ledger. On this issue, the Mayor responded very quickly; four -month extension. That's entirely logical and feasible, but I would appreciate the Commission passing a resolution or a motion rating the Mayor's letter, because I know you have legislative authority on that. The second part of the assurances that I seek, I think, are self-evident; it's mostly included in the Mayor's letter, and it has to do with the fact that the financing of the restoration of the Marine Stadium would not come from sources having to do with International Boat Show or anything else. In fact, I understand from the Mayor's letter that it's expected to be some kind of general obligation or capital reserves and private funding. And on the private funding side, as you work on this formula, count on my support. Commissioner Sarnoff, if you have, or Mayor, any of you have any meetings with any, you know, donors and you want to keep them private, we can certainly do that and add our assurances that our three million will be available. So that's really all I request from you today, is a resolution or a motion that ratifies the Mayor's letter. If you can express some -- on the record some clarification that we're not going to be relying on funding to be derived from any kind of revenue bond from the boat show or anything like that, that would be very helpful, too. Chair Gort: Thank you, sir. It's a pleasure to have you back here. The -- my understanding, he's asking for a resolution that -- supporting the letter from the Mayor requesting an extension of four month to -- Commissioner Sarnoff Has anybody -- I haven't seen the letter; not that I'm -- have you read it? Commissioner Suarez: Yeah, I've read it. Commissioner Sarnoff You're okay with it? Commissioner Suarez: Yeah, I'm fine with it. Commissioner Sarnoff Okay. Commissioner Suarez: So moved. Commissioner Sarnoff Second Chair Gort: Been moved by the -- Commissioner Suarez, Miami's Commissioner and second by Commissioner Sarnoff. Any further discussion? We had -- we have it later on. You want to speak on this in specific? Because we have an item on this. No, no, I'm talking about the -- Unidentified Speaker: I'm sorry. Chair Gort: (UNINTELLIGIBLE). Any further discussion? All in favor, state it by saying aye. The Commission (Collectively): Aye. County Commissioner Suarez: Thank you. And I -- Chair Gort: Thank you, Mr. Mayor. County Commissioner Suarez: -- did mean to make sure that all of you had in your official email boxes a copy of my request for this hearing and the letter from the Mayor, which, by the way, was given to me within -- I think our meeting was a Saturday, and you had it to me on a Monday. I appreciate that expeditiousness. City of Miami Page 95 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mayor Regalado: It was on Sunday. County Commissioner Suarez: That's right. Chair Gort: Thank you, Commissioner; appreciate it. Later... Chair Gort: DI.4. Christopher Rose (Director): Good afternoon, Commissioners. I can look this way. Chris Rose, Office of Management & Budget. DI.4 is the discussion item on alternatives for funding the Flex Park surrounding the Marine Stadium. The Administration still maintains that the best way to do this is to have a financing, whether a bond or a loan, on non- ad valorem revenues in the general fund and fund the $16 million that way. We have a few alternatives there. None of them are terribly palatable, but they are options to be reviewed. Chair Gort: But we're going to continue to have the private sector to try to fundraise and so on? Mr. Rose: Yes, sir. There is the Flex Park, and there is the stadium, itself. This one -- this particular discussion item was just on the Flex Park, the 16 million that had been set aside to work on the Flex Park, and that's what we're -- that's what we addressed in this memo, sir. Chair Gort: Okay. Yes, sir. Vice Chair Hardemon: Mr. Chairman. Would there be any other funding that will be included in that bond for other projects or other things? Mr. Rose: There are -- you know, we brought this idea to the Commission regarding the $10.1 million for remediation. There are -- I won't call them economies of scale, but there are advantages to putting financings together, so we will very likely put those two together. If there's any other opportunities to put them -- a refinancing of an existing or something like that, we would bring them together. The larger you can make a bond, generally, the better off you do with the interest rate, but time will tell, Commissioner. Daniel J. Alfonso (City Manager): But did I understand the question that in the 16 million is for Flex Park? Chair Gort: Flex Park. Mr. Alfonso: That's it. Chair Gort: My understanding. Mr. Alfonso: There's no other piece in there. Mr. Rose: Yes. I'm sorry. Vice Chair Hardemon: That's -- I mean, that's a good point, but also, I didn't know whether or not the bond will be larger than 16 million. I thought -- I understand -- Mr. Alfonso: Not for that purpose. Vice Chair Hardemon: Not for that purpose. City of Miami Page 96 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mr. Alfonso: We have a previously approved bond of $10.1 for the remediation. Our intent is to issue them at the same time so that we get larger proposers, but the 16 million is for that park; no other projects. Chair Gort: Yes, sir. Commissioner Sarnoff So does that become a $26.1 million bond? Mr. Alfonso: That is correct. Commissioner Sarnoff Right. So it's one bond. Mr. Alfonso: Yes. Commissioner Sarnoff Okay, I got you. Mr. Alfonso: But we got it in two different approvals. Commissioner Sarnoff Right. Mr. Alfonso: Yes. Commissioner Sarnoff Right. Chair Gort: We want to put them together; you can get a better price and so on. Yes, okay. Mr. Rose: Yes, sir. Commissioner Sarnoff But do you ever bond for less than 50 million as a municipality? You do? No, I know you can, but based on the economies of scales and efficiencies, do you really bond for less than 50 million? Mr. Alfonso: Yes. Commissioner Sarnoff Because you have some fixed -- you always have some fixed costs. Mr. Alfonso: Yes. Commissioner Sarnoff You want to stick with that jses. ? Mr. Alfonso: Yes. We're doing it. I mean -- and the thing is -- Commissioner Sarnoff (UNINTELLIGIBLE). Mr. Alfonso: Commissioner, no, I know what you're saying. You have fixed costs, you got to pay it; yes, I understand. And if you take a $100, 000 mortgage and you pay the closing costs, it appears that it's larger. Some of those costs are larger, but some of them are percentage based. They're points on the entire loan. Commissioner Sarnoff But when it comes to bonding -- and I'm not telling you your business. Mr. Alfonso: No, I know. Some of the costs that are fixed are going to make it a little more expensive -- Commissioner Sarnoff It could be -- City of Miami Page 97 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Mr. Alfonso: -- to take a smaller loan. Commissioner Sarnoff -- hundreds, if not millions, of dollars; hundreds of thousands. Mr. Alfonso: Okay, yeah. I was going to say the entire loan is not hundreds of millions. Commissioner Sarnoff. Right, hundreds of thousands. Mr. Alfonso: Yes. Commissioner Sarnoff So sometimes there may be an advantage -- Mr. Alfonso: To go bigger. Commissioner Sarnoff Right. Mr. Alfonso: Yes, I understand In this case, we're up to 26. We haven't issued anything yet, you know. With the new budget year, new things might come. Who knows? Commissioner Sarnoff Okay. Mr. Alfonso: And since we're not really at a crunch to borrow the money just yet -- Commissioner Sarnoff I got you. Mr. Alfonso: -- we're moving forward Chair Gort: Thank you. Yes, sir, you're -- Don Worth: Hi. I'm Don Worth, resident at 1390 Ocean Drive, in Miami Beach. I'm sorry; when I saw the item yesterday, I thought it referred to Marine Stadium funding, as well. Would I be able to speak for about two minutes on that issue, as well? Commissioner Sarnoff Could you let him, Mr. Chair? Chair Gort: If -- you're welcomed to, yeah. Commissioner Sarnoff He's been here all day. Mr. Worth: Okay, thank you. I'll be short and quick. First of all, I'm really pleased that the Commission and Administration has kind of picked up the ball on this whole thing. Long term, the advice I'd like to suggest to you is that in terms of the stadium, itself, as much as I like to see funding set aside, the key issue is going to be the operator. You need an operator with a real plan, willing long term to guarantee the expenses, hopefully pay us some rent and program it. And without that, frankly, what we're going to have is an empty building. The failure of our group, Friends of Miami Marine Stadium, we thought we had an operator partner; we didn't. You saw what happened. I'm aware of significant interests, I think, in operations; actually, the best stuff I've seen in seven years, but it's really time for it to show itself, and I'd suggest to the City -- I know you've been crazy busy with the Boat Show. The sooner you can get out an RFP (Request for Proposals) for an operator, the better. It can be very, very simple. I'm very concerned that the folks who have expressed interest will spend their time now looking at other opportunities, as well. I think once you get an operator, all of the difficult issues you've been looking at will become a lot simpler. An operator will help to find the architecture that you need to do to make it right; also, the governing structure, even the financing. IfI understood it City of Miami Page 98 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 properly, in four months, you have to go back to the County, assuming you get the extension to deliver a business plan. That's going to be very hard for you to do. If you were fortunate enough to have finished your operating -- operator selection at that point, you'd find it would be much easier to have that third party working with you; same for State funding. And I'll tell you, there'll be other funding opportunities opening up. I know that Friends of Miami Marine Stadium had some discussions that went very, very far on naming rights, but frankly, we needed a professional partner to do that, and you'll also find it'll ease your discussions with the Village of Key Biscayne. I've been to some of those meetings, and I've also met with some of the key players over there, and I think the issue is the Village has actually endorsed the restoration of the Marine Stadium. They're concerned about the impact of traffic on these major events. As a practical matter, I think you've actually done a very good job. As I understand it, this is really going to be the first green parking plan. If I want to go to the Boat Show from Miami Beach, I'm really going to have to take a bus or a water taxi, and I think it's going to be a great model. But I think you will find, if you get the operator -- I know; give me 30 seconds. Chair Gort: Thank you, sir. Mr. Worth: -- you'll find the negotiations with Key Biscayne much easier. They eventually could be a partner in recreational ball fields. The National Trust wants to back this project. They're bringing their board here in October, Gloria Estefan. I'll help you in any way I can. It's a great legacy project for all of you. Please move -- Chair Gort: Thank you. Mr. Worth: -- quickly on the RFP for the operator. Thanks. Chair Gort: Thank you. My understanding, last time we were here, we instructed the Administration to do that, and they are -- been working on that for a while, so thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Yes. Commissioner Suarez: Just would like to say that my colleague to the extreme left, who served -- what, this is your ninth year now? You're finishing it up. And I think -- and, you know, I've told you this before, and we've talked about this before. You know, you've had a great run, and you have achieved a tremendous amount in those nine years. You have really set the bar very high, not only for your own district, but for all of us in terms of a legacy. And I think this really is it. I mean, this is it. This is the one thing that you've got a good amount of time between now and that day to make this happen, and I just want you to know that I am with you every step of this way to make this happen, because this would be it. I mean, I don't know what else could have been done in that time to make your district more whole and more complete than what it is. Obviously, there are some projects that are going to be coming in the future, and those are things that, you know, are outside of your control. But in terms of the public perspective, I don't -- you know, and I've listened to Don and had many conversations with him, and one of the reasons why I wanted this discussion item two weeks from now is to keep the momentum going and the inertia going. I don't know that the operators, per se, is the best route, but I certainly don't think I have all the answers. But at the end of the day, what I think is needed here is persistence and a champion, because that -- we have the means within this government with our Manager and with our team that we have here to get this done, I have zero doubt with this Commission, with, you know, zero doubt that we can do it between now and November; that the plan can be put into place so that the wheels are in motion between then -- now and then. So, I kind of issue that as a challenge to you. Commissioner Sarnoff Mr. Chair. City of Miami Page 99 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Chair Gort: Yes, sir. Commissioner Sarnoff I've always believed the key to the kingdom be -- you know, but for a nail, the kingdom was lost -- is the operator, because neither Suarez, nor Sarnoff nor Gort know a thing about creating Marine Stadium, and we don't know what it's going to take. So why not put it out to RFP; get the brightest and the best; put a selection committee together. We can all haggle over whether they were the right people or the wrong people, because that's what we do here. And then we can put it to Commission vote, and we can make a determination. But we're moving forward And to some degree, Mr. Chair, to our credit; to some degree, to the consternation of others, because it doesn't seem like comprehensive plan, and until the operator gets there, it will only become a comprehensive plan. Today, with my vote, because Suarez convinced me because I trust him, and I trust you, Mr. Chair, you know, I voted for something I didn't expect to vote for. I expected to say, "You know what? This is no longer a park. It's an event space." You know, a rose is a rose if by any other color. So I -- you now told me today, "No, Commissioner, it is not event space. It truly is a park. We're asking you to believe us and say the Boat Show is that event and that's predominantly all it's going to be." I knew there was a little wiggle room there; I understand that. But we also, in doing so, put a lot of tents in front of Marine Stadium, either purposefully, not purposefully, or for the time being, and I don't know what an operator would or would not say to one month, two months, or three months of having stuff -- I'm going to say piled, or comprised of or put next to Marine Stadium, might say, Now do you expect me to operate this?'So I think it's time that we get to the RFP immediately. Chair Gort: If I recall, the last time we were here, we understood that the park was the most important thing at that time, but the Administration was going to be working and coming up with a plan for the RFP and so on. So if you can put us up to date, we appreciate it. Commissioner Suarez: Thank you. Chair Gort: Yes, ma'am. Alice Bravo (Deputy City Manager/Chief of Infrastructure): And at the May 14 discussion item, we're going to put together all the information we've researched with regard to governing structures, et cetera, and we should have a very good RFP in hand by that time. Commissioner Suarez: Perfect. Chair Gort: Because my understanding, you also been working with the -- some of the people that have committed to provide funds before you continue to work with them, is my understanding. Ms. Bravo: Correct. The National Trust for Historic Preservation is still actively involved and wants to continue through the whole process. Chair Gort: Thank you. Any other questions? Do you need a decision from us today on this item you presented? No? Okay. So you're going to structure something and come back? Mr. Alfonso: Well, Commissioners, remember, the Commission had directed us to come back if there was any other options on the financing, but it's already been approved, so we've explained that our preference is to continue the way we're going. So no different direction, and we'll move on. Chair Gort: Great. Mr. Alfonso: Thank you. City of Miami Page 100 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 (DI.4) 15-00190a Chair Gort: Okeydoke. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING CITY OF MIAMI MAYOR TOMAS P. REGALADO'S LETTER TO MIAMI-DADE COUNTY DISTRICT 7 COMMISSIONER XAVIER L. SUAREZ, ATTACHED AND INCORPORATED, REQUESTING A FOUR (4) MONTH EXTENSION FOR THE FURTHER DEVELOPMENT OF A PLAN FOR A PUBLIC PRIVATE PARTNERSHIP TOWARDS THE RESTORATION OF MIAMI MARINE STADIUM; DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE OFFICIALS CONTAINED HEREIN. 15-00190a - Letter from Mayor Regalado - Extension Request.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 DI.5 15-00447 City Manager's Office R-15-0173 DISCUSSION ITEM DISCUSSION REGARDING THE IMPACT OF HOUSE BILL 915 AND SENATE BILL 1232. 15-00447 Summary Form.pdf 15-00447 House Bill 915.pdf 15-00447 Senate Bill 1232.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEM(S) Chair Gort: DI.5. Todd B. Hannon (City Clerk): That was withdrawn, sir. Chair Gort: Okay. Commissioner Suarez: It's just the PZ (Planning & Zoning) items, right? Chair Gort: Planning & Zoning. I understand -- Francisco Garcia: Yes, sir. Thank you. For the record, Francisco Garcia, Planning & Zoning director. There are three items in the Planning & Zoning agenda, of which the first two are to be withdrawn. I'll read the affected address for the record. It is a land use change, that was PZ.1, City of Miami Page 101 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 and a zoning change for a property at 180 Northeast 50th Street. Those two items, the land use change and the zoning change, are being withdrawn. We've received a letter to that effect from the applicant. They are here as well, should you want to ask them any questions. But we think it is certainly worth supporting to withdraw those items. And item PZ.3, as mentioned earlier, is asking for a continuance to April 23. That is submitted to you for consideration. And I'm sorry; I should have said that is a request for a waiver of a waterfront setback at a property at 444 Brickell Avenue. Chair Gort: Okay, thank you. Mr. Clerk. Mr. Hannon: Yes, sir. We just need a motion for the withdrawals and deferral. Vice Chair Hardemon: So move. Chair Gort: It's been moved by Vice Chairman Hardemon -- Commissioner Sarnoff. Second. Chair Gort: -- second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Chair Gort: That's it? No pocket item? Nothing else? Commissioner Suarez: That's it. Chair Gort: We're done. Do I have a motion to adjourn? Commissioner Sarnoff. So move. Chair Gort: Thank you. PZ.1 ORDINANCE 13-00865Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-008651u FR Fact Sheet.pdf 13-00865Iu Analysis, Maps & PZAB Reso.pdf 13-008651u Application and Supporting Docs.pdf 13-008651u-Submittal-Director of Planning and Zoning-Withdrawl Email.pdf 13-008651u Legislation (v3).pdf 13-008651u Exhibit A.pdf City of Miami Page 102 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 5-2. See companion File ID 13-00865zc. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez PZ.2 ORDINANCE First Reading 13-00865zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00865zc FR Fact Sheet.pdf 13-00865zc Analysis, Maps and PZAB Reso.pdf 13-00865zc Application and Supporting Docs.pdf 13-00865zc-Submittal-Director of Planning and Zoning-Withdrawl Email.pdf 13-00865zc Legislation (v3).pdf 13-00865zc Exhibit A.pdf LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications to City Commission on October 16, 2013 by a vote of 6-1.* See companion File ID 13-008651u. *See supporting documentation. City of Miami Page 103 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 PURPOSE: This will change the above property from "T4-R" to "T4-L". Item includes a covenant. Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez PZ.3 RESOLUTION 15-00001 ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REQUESTING A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.1.2.5(a)(28) OF THE MIAMI 21 ZONING CODE, REQUESTING AN ADDITIONAL TEN PERCENT (10%) FOR BUILDING LENGTH FOR PART OF THE PROJECT, AND REQUESTING A WAIVER PURSUANT TO ARTICLE 4, TABLE 4, TO ALLOW A PARKING REDUCTION OF UP TO THIRTY PERCENT (30%) FOR THE ONE BRICKELL PROJECT TO BE LOCATED AT APPROXIMATELY 444 BRICKELL AVENUE AND 77 SOUTHEAST 5 STREET, MIAMI, FLORIDA. 15-00001ww Fact Sheet.pdf 15-00001wwAnalysis and Recommendation.pdf 15-00001ww Application and Supporting Documents.pdf 15-00001ww Legislation (v3).pdf 15-00001ww Exhibit.pdf 15-00001ww-Submittal-Bernardo Fort Brescia -One Brickell Presentation.pdf 15-00001ww-Submittal-Brett Bibeau-Miami River Commission Recommendations.pdf 15-00001ww-Submittal-Michael Gongora-Brickell on the River Master Association, inc. board of dir LOCATION: 444 Brickell Avenue and 77 Southeast 5 Street, Miami, Florida [Commissioner Marc D. Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of 444 Brickell Partners LLC TRS 444 Brickell Land Trust FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval, subject to conditions. PURPOSE: This will allow the construction of a new waterfront building along the Miami River for the One Brickell project. Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.3 was deferred to the April 23, 2015 Planning and Zoning City Commission Meeting. City of Miami Page 10-1 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 D3.1 14-01093 END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM UPDATE REGARDING DISCUSSION ON IMPROVING THE CAPITAL IMPROVEMENT PROJECT (C.I.P) PROCESS. 14-01093 CITP Baseline Proj. Schedules.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) NA.1 DISCUSSION ITEM City of Miami Page 105 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 15-00433 DISCUSSION BY CHAIR GORT REGARDING A VACANT AND ABANDONED PROPERTY LOCATED AT 676 NORTHWEST 32ND STREET. 15-00433-Submittal-Commissioner Gort-Presentation-Abandoned Home.pdf DISCUSSED Daniel J. Alfonso (City Manager): Three -oh -five, sir. Three -oh -five, sir. Chair Gort: We're supposed to be back. Todd B. Hannon (City Clerk): Three o'clock. Chair Gort: Okay. We need one more and we get going. All right, we have quorum. Former Commissioner at Miami Beach, (UNINTELLIGIBLE), welcome to the City of Miami. It's a pleasure to have you with us. I like your new look; people didn't recognize you here. As I told you, when I come back, it's something I want to address. It's a pocket item, which is a problem with abandoned homes, and I'm going to show some samples. An abandoned home where it creates decreased value -- market value of the neighborhoods, increases tax delinquency, increased use of city service by Code Enforcement, maintenance, boarding up, and demolition. And it sure reduces the quality of life. I'm going to show you a picture that we took of one of those homes that we been going at it for the last six month, which is at 676 Northwest 32nd Street. Here's what it looks like. Hello? No, go back to the first. This what it looks like, and you'll be surprised who owns this property. Finally, we have Law working on this; we have Code Enforcement; we got the NROs (Neighborhood Resource Officers); and we were able to do something. At least we were able to clean the place up a little bit. And I'll let Law go into the details what they doing on this property. And as I read it, the research -- show the one that's been clean up. And this is what happens. Code Enforcement -- go back to the one before. Code Enforcement does its job. Goes there, places a post it -- post it; let them know they're in violation, but it stands there for month, and there's not much power that we have. I mean, I know the Law Department's working on it, so this is something we really need to do and try to expedite this, because this really ruins neighborhoods. We got our NET (Neighborhood Enhancement Team) Office together with the Code Enforcement; they were able to clean up the place a little bit. And we went to the office of the property appraiser, and this is owned by the Wells Fargo Bank; that we were supposed to have a great relationship with them, they supposed to be working with us, and they're the owner of that property. My understanding is, I received a mail from Min; when we try to do something about it, we -- they went to court and we had an injunction and stopped us from taking any action necessary. And unfortunate, most of this property takes place the neighborhoods where we trying to improve the quality of life. And we were able to resolve this (UNINTELLIGIBLE) the same as we resolve -- I show a letter from (UNINTELLIGIBLE), the -- they going to take action on the other complaints that we've been having. They're going to be doing something, thanks to team work. That's why team work is so important. That's why I keep talking about the NET Office, the way they used to be, and the way we should go back to the NET Office the way it is. When you have the Code Enforcement, NROs, and the administrator, NET administrator working as a team, we accomplish a lot, and that's why we been able to do on these things. So I just wanted to bring this and show it to you all, because I think this is very important, to continue to do this type of work. It's team work that takes [sic] things to get done. An sometimes when we cannot do it administratively, we, as elected official, can make phone calls, and we can write letters to the right people, like we did from (UNINTELLIGIBLE), and we got it resolve. Thank you all for allowing me to present this. Thank you. Commissioner Suarez: Mr. Chair? Chair Gort: Yes, sir. City of Miami Page 106 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Commissioner Suarez: Can I speak on your item, or are you satisfied with the City's response on it? Chair Gort: I think it was satisfies [sic]. They all working as a team, which is very important. A lot of times where you cannot accomplish through Code Enforcement, the policemen being there and the NET administrator being there helps, and the firefighters also helps, the Fire Department. Working as a team, you'd be surprised how much we can accomplish. Now, some of you were not here when the NET was originally in 19 -- in the '90s, and the NET was a great instrument, not only to maintain the quality of life in the neighborhood -- because they're there constantly, so they know what's going on. But at the same time, for the police, it was very good, because the NRO was the best intelligence that they can be given to the police officer. Commissioner Suarez: Can I just say one thing? Chair Gort: Yes, sir. Commissioner Suarez: As a real estate lawyer, I've worked with the City Attorney before she was a City Attorney on this issue, and we've had a tremendous amount of success collecting money from property owners, but situations like the one you're describing, that one is a tough one, because it's not bad enough to be declared unsafe, but it's right there, and it's obviously in a very bad condition. What I've urged the City Attorney to do in my district -- and I would suggest that you do the same thing in yours -- is regardless of whether we collect -- whether the lien has a priority or not -- because there's two kinds of liens: There's the ones that we -- improve the property, and then the ones that are just Code Enforcement liens. We should be filing foreclosure on those properties. That property, we should have already filed a foreclosure on. And regardless of whether or not we get paid or do not get paid, we need to push as aggressively as possible to get the property out of the state that it's in. And for me, a lawsuit is what, $500, maybe $1,000 that it cost us? Five hundred dollars? Somewhere between 500 and a thousand with filing fees and service and all that stuff. So we're talking about spending $500 to move it and to get the bank to move. We're suing Wells Fargo -- we, the City of Miami, are suing Wells Fargo precisely for this reason, because they loan money on less advantageous terms to minorities and then the properties came into this condition, and that has caused a harm to our residents, so. Chair Gort: By the way, I don't want this to be implemented in my district. I want this to be implemented throughout the City, because I think we all being affected. Commissioner Suarez: Oh, absolutely. Chair Gort: We understand the -- what do you call them? The people that walk -- go into the homes and -- the squatters. The squatters a problem throughout the whole City of Miami, so it's not within my district, but this is the way it should be applied to all the NET neighborhoods. Victoria Mendez (City Attorney): This -- Commissioner Suarez, just to your point so that you know that this case already was -- we filed an injunction on this case, and it is set for hearing April 20. Commissioner Suarez: Injunction of what? Ms. Mendez: And hopefully -- hmm? Commissioner Suarez: What are you enjoining them from doing? Ms. Mendez: Well, basically, this was one of the cases where we were able to get an unsafe structure order and demolish. They've enjoined us from demolishing, but we should be able to City of Miami Page 107 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 prevail, hopefully, on the merits on April 20 based on the fact that they didn't file a timely -- Commissioner Suarez: So you're trying to -- Ms. Mendez: -- appeal. Commissioner Suarez: -- you're trying to -- Ms. Mendez: We're trying to demolish it. Commissioner Suarez: -- demo the house. That's good -- that's great. Fantastic. Commissioner Sarnoff Do you mind? Chair Gort: Sure. Go ahead. Commissioner Sarnoff How did they get a restraining order against you? Was it without any presentation of facts? Ms. Mendez: Well, what they do is they get the temporary. So -- Commissioner Sarnoff They get TRO (Temporary Restraining Order). Ms. Mendez: -- a court -- Right. Commissioner Sarnoff They get TRO. Ms. Mendez: Right. And we have the -- Commissioner Sarnoff Which then they're going to convert to a PRO (Permanent Restraining Order). Ms. Mendez: At the hearing. Commissioner Sarnoff So they, correct me if I'm wrong, have to make a representation to the court indicating that the City is wrong. Ms. Mendez: Correct. But on this one, we are just going to be able to -- on the merits, the fact that the Fry case, which is that Third DCA (District Court of Appeals) decision that we've used a lot in your district to be able to demolish properties, they didn't file a timely appeal or their -- for their injunction, so we're able to be able -- Commissioner Sarnoff Wait, wait. Ms. Mendez: -- to get rid of this case, period. Commissioner Sarnoff Look, I'm going to be like a lay person. So I'm Judge Sarnoff, and they come to me with what evidence to show that they're in compliance? What do they say to the judge? Ms. Mendez: Well, basically -- Commissioner Sarnoff I have a beautiful home right here; I've been taking good care of it, - Commissioner Gort's all wrong; Commissioner Suarez doesn't know what he's talking about; here's a picture of my home. Look at the roof; it's in perfect condition. Because that's what City of Miami Page 108 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 Judge Sarnoff would require. Ms. Mendez: Right. Judge Sarnoff would, but most judges on the bench, unfortunately, are not willing to demolish a house or let us demolish a house right away. So what happened in this case is they file -- Wells Fargo filed a complaint for injunction. We filed a motion to dismiss saying that, you know, they're not entitled to this injunction. And we've been able to secure a hearing for April 20 in order to then have this hearing on our motion to dismiss to be able to say, "Listen, they didn't file a timely appeal, and they didn't do everything that they needed to do so we get to demolish based on the Fry case. Commissioner Sarnoff All right. You just said they failed to exhaust their administrative remedies. Ms. Mendez: Correct. We -- the easy way to get this resolved ASAP (as soon as possible). Commissioner Sarnoff But correct me if Pm wrong -- so now even better than Johnny and Jane Come Lately. You have a banking institution the size of Wells Fargo coming in front of a judge and saying, What the City is saying is wrong. "Did they file an affidavit to that effect? Ms. Mendez: In this particular, they -- because it was set for hearing -- I mean, in my experience -- and you remember that I used to do this all the time. The minute that we started going to court to be able to demolish something, a judge will not set it on their five-minute motion calendar. They won't hear anything. They're basically going to say, "Listen, I want certain facts. We'll set this for hearing, " and they won't do much to -- Commissioner Sarnoff So -- Ms. Mendez: -- grant it on the -- Commissioner Sarnoff Right. So Judge Sarnoff granted a temporary restraining order without requiring them to post a bond, correct? - Ms. Mendez: I don't think a bond is posted on this, no. Commissioner Sarnoff Which is against the law. And Victoria Mendez -- and this is a big bank that certainly could have damages brought against it for the failure to use the proper procedures. You're in front of Judge Sarnoff, who's obviously a lousy judge. And I think it's important for you to demonstrate to the court that -- Ms. Mendez: They used bad faith by not filing certain things, and we will -- Commissioner Sarnoff And by the way, that may be a part of a record he may want on his appeal against Wells Fargo, because it does sort of facilitate his argument. Ms. Mendez: On some of the -- all these cases that have these types of circumstances are going to be used in the cases that we have against our banks, because these are all the resources that we expend through this whole process. Commissioner Suarez: They're the damages. Ms. Mendez: Right. They're basically all those things, and we -- you know, whether it's our attorneys time, our staff time, and you know, Code Enforcement going out there, the Police time, the Solid Waste time, all those things, and that's why we have the original case against the banks. Chair Gort: My question is, once we place a violation by the Code Enforcement, automatically City of Miami Page 109 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 we start fining the individuals if they don't comply with X'hmount of days? Because I mean, that place -- you saw the picture, what it looks like. Ms. Mendez: Right. The -- there's usually two different things that happen. Depending on the case that's initiated, whether -- if it's an unsafe structures case, like this case is, this is a special assessment. I know that this case in particular, I believe, has certain Code Enforcement cases as well. The Code Enforcement cases, we cannot foreclose on those, but we can foreclose on the unsafe structure ones. If this case -- if we wouldn't be on the defense in trying to dismiss the case, we would be on the offense, like Commissioner Suarez suggested that we've done in other cases, which is taking the case to court and saying -- and foreclosing on the counts and enjoining them as well, saying that they needed to do certain things, and if not, this nuisance needs to be abated. So we're -- it depends in what posture we end up, if they go to court first or we do. But at the end of the day, we try and get the same results, which is either knock down the property or force them -- or foreclose the property, depending on if they are able to achieve compliance before them or not, or pay us off. Commissioner Sarnoff Who's the judge in this particular case? Ms. Mendez: In this particular case -- Commissioner Sarnoff I know it's not Judge Sarnoff. Chair Gort: I'll tell you, you make a good judge. I think you should look into it. Commissioner Sarnoff You wouldn't want to be in front of me. First we'd hang you and then we'd try you. Chair Gort: You'll be good. Commissioner Sarnoff Imagine Keon coming in front of me? Ms. Mendez: I'm trying to get the court case number, to look it up. Commissioner Sarnoff All right. I just -- before the end of the day, I think the citizens have heard this particular argument should be able to hear the judge, his name, so that when -- Ms. Mendez: I'll -- Commissioner Sarnoff -- the judge comes up -- Ms. Mendez: Okay, that's important. Commissioner Sarnoff -- for election, they'll know who the judge is. Ms. Mendez: Judge Bronwyn Miller. Commissioner Sarnoff Ouch; I know Bronwyn. Better fix it, Bronwyn. Chair Gort: Well, thank you, and let's continue to do this, because Suarez and this type of homes is beginning -- absentee owners is beginning to be a major problem. Ms. Mendez: And we -- Chair Gort: Just people walking away from their properties. That's -- City of Miami Page 110 Printed on 5/7/2015 City Commission Meeting Minutes April 9, 2015 ADJOURNMENT Ms. Mendez: We've been able to be successful in some of the squatter cases, and we are ramping up on that as well, and I think little by little, the message is getting out that the City is serious on compliance of these properties, and that it really is not tolerating any type of squatter situation as well. Chair Gort: Well, thank you. I want to thank you all. The meeting adjourned at 4: 07 p.m. City of Miami Page 111 Printed on 5/7/2015