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HomeMy WebLinkAboutCC 2015-10-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ID 1 ° r ic ime9HP�Ry7��. Ia 00 r Meeting Minutes Thursday, October 8, 2015 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes October 8, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS AC - ATTORNEY -CLIENT SESSION 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 11/16,2015 City Commission Meeting Minutes October 8, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 8th day of October 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 9:10 a.m., recessed at 11:28 a.m., resumed at 3:01 p.m., recessed at 3: 20 p.m., reconvened at 4: 59 p.m., and adjourned at 5: 46 p.m. Note for the Record: Vice Chairman Hardemon entered the Commission chamber at 9:12 a.m., Commissioner Suarez entered the Commission chamber at 9:48 a.m., Commissioner Carollo entered the Commission chamber at 4:59 p.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Nicole Ewan, Assistant City Clerk Todd B. Hannon, City Clerk Chair Gort: (UNINTELLIGIBLE) Mendez, our City Attorney; and we also have Nicole Ewan, the Assistant City Clerk serving today. I'm going to ask you, please, to stand for the invocation, and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. Chair Gort: Thank you all. PRESENTATIONS AND PROCLAMATIONS PR.1 15-01302 PRESENTATION Honoree Presenter Protocol Item Woman's Club of Mayor Regalado Proclamation Coconut Grove and Commissioner Sarnoff 2015 Miami Latino Art Mayor Regalado Certificates of Beat Awards Merit 15-01302 Protocol Item.pdf 1) Mayor Regalado and Commissioner Sarnoff presented a proclamation to Mr. Jay Solowsky, an upstanding citizen whose dedication and committment to the citizens of Miami has greatly improved the quality of life we enjoy through his many pro bono efforts involving important legal matters; in addition to his tireless efforts in serving the City of Miami by participating as a board member on the Miami Sports and Exhibition Authority (MSEA), Charter Review and Reform Committee, and as pro bono legal counsel for the Downtown Development Authority (DDA). City of Miami Page 3 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 2) Mayor Regalado and Commissioner Sarnoff presented the Woman's Club of Coconut Grove with a proclamation, recognizing its outstanding contributions and service to the City of Miami. This organization is the oldest community service organization in South Florida, and is celebrating its 125th year in 2016. 3) Chair Gort saluted Ms. Odalis Diaz, honoring her outstanding professional contributions to the community in the field of property management, especially as it relates to assisting the elderly community in South Florida. 4) Mayor Regalado presented Certificates of Merit to the 2015 Miami Latino Art Beat winners, paying tribute to their artistic genius and contributions to the elevation of creative expression in South Florida. 5) Commissioner Suarez presented Certificates of Merit to the members of the 2015-2016 Prymus Angels All -Stars, honoring their commitment to the community, talents and academic excellence. Chair Gort: At this time, I would like to -- we have certain proclamation that we would like to present. Presentations made. Later... Chair Gort: Okay, we're going to have a small session here, the four (UNINTELLIGIBLE). Commissioner Suarez. Mic. Commissioner Suarez: Thank you, Mr. Chair. We are taking this protocol item slightly out of turn from a time perspective, because these young ladies were in school; and so, this was the first opportunity they had to come here. Presentation made. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo END OF APPROVING MINUTES Chair Gort: Do we have minutes to be approved? Nicole N. Ewan (Assistant City Clerk): Yes, Chair. We have for the Commission's consideration and approval the minutes of the regular meeting of September 10, 2015; and the first budget hearing of September 10, 2015. Chair Gort: Thank you. If you -- Ms. Ewan: Chair, can I have a motion on the approval of the minutes? Chair Gort: Yes. City of Miami Page 4 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 MAYORAL VETOES ORDER OF THE DAY Vice Chair Hardemon: So move. Commissioner Suarez: So move. 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 Board (Collectively): Aye. NO MAYORAL VETOES Commissioner Suarez: Minutes? Chair Gort: Do we have any -- Commissioner Suarez: Minutes? Chair Gort: -- Mayor's veto? Nicole N. Ewan (Assistant City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Madam Attorney, would you go over the procedures. Victoria Mendez (City Attorney): Thank you, Chairman. I will now read the procedures to be followed during this meeting. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the Commission must register with the City Clerk, and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member without registering. A copy of the Code section for lobbyists is available in the City Clerk's Office. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this section is available in the City Clerk's Office. The material for each item on the agenda today 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 24 hours a day 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 outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aides and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon; and today, we also have a shade meeting and an executive session. The meeting will end either at the conclusion of the 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 City of Miami Page 5 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 agenda today. At this time, the Administration will announce which items, if any, are being withdrawn, deferred, or substituted. Thank you. Chair Gort: Hold on a minute. Thank you, Madam Chair -- Madam Secretary. I changed your position twice already -- Attorney, Madam Attorney. Ms. Mendez: As long as you're not firing me, we're good. Chair Gort: Yeah. No way. Later... Chair Gort: Mr. Manager. Daniell Alfonso (City Manager): Thank you, Mr. Chairman. We'd like to announce the deferral of items RE.8 to the October 22 agenda; RE. 10 to the December 10 agenda; RE.13 to the November 19 agenda; and the withdrawal of DL2. Chair Gort: "D" --? Mr. Alfonso: L2. Repeating the entire issues: RE.8, deferred to October 22; RE.10, deferral to December 10; RE.13, deferral to November 19; and the withdrawal ofDL2. Mr. Chairman, Commissioners, it's been requested again. The deferral ofRE.8, the defer -- to the -- excuse me. Defer RE.8 to October 22; defer RE.10 to December 10; defer RE.13 to November 19; and withdraw DL2. Chair Gort: Okay. Commissioner Suarez: What was the last one; I'm sorry, the last couple? Mr. Alfonso: Withdraw DL2. Commissioner Suarez: Right, but what was the one before that? Mr. Alfonso: Defer RE.13 to November 19. Commissioner Suarez: Okay. Vice Chair Hardemon: Mr. Chairman, may I? Chair Gort: Sure. You're recognized. Vice Chair Hardemon: Thank you very much. One of the other items that has come up -- and particularly, I want to make this known to my Commissioner from the 4th District -- is the amendment to the Pace District. This, RE.9, is for historic districts, and what we've been waiting for is the -- for the -- I'm sorry -- the amendment to the Pace Program to allow for all of us to include it within all of our districts; those of us who decided not to be included on the first round. Now, I think it's time for us to consider them all on the second round. And I was speaking to Madam City Attorney about it all, and said to myself "Okay, well, what if we just amend this on the floor?" And apparently, this is -- we can't do that, because it's too narrow, the way that this bill is or this resolution is; that we would have to have it where we would have to address the larger sum rather than the smaller sum, so I didn't want to address this first. And I know that this has kind of been going on and on, and we haven't received yet back on the floor with everything we need the amendment for -- to allow for all the districts to have it, and that's what I want, so that we can address this in one fell swoop, rather than dealing with just historic City of Miami Page 6 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 districts, and then having to come back, and then deal with it -- with the entirety of the districts, so that's why I'm asking for -- I mean, I -- in good faith, I mean, I can tell you that I want to address all of it, and so there's no need to even have this as a historic district thing, and to withdraw this. If you feel more comfortable pushing it out a little bit further and then addressing the amendment to add all of the districts first, that's fine also. Commissioner Suarez: Okay, yeah, I think that's fine. When do you guys want to defer it to? Vice Chair Hardemon: Well, I don't -- well, when is the -- I don't know when the item for the withdrawal -- for the addition of the entirety of the districts coming back. When is that coming back; does anyone know? Nicole N. Ewan (Assistant City Clerk): Defer to the Manager. Victoria Mendez (City Attorney): Can -- I think that what would be the best thing to solve all the issues would be to bring back a discussion item for the big project, you know, the big program, and then to bring this one, as well, and then you could pick which one you would like to do, because we do not necessarily have the item coming back district -wide. What we have is, I think, a report and a discussion saying how everything's going, and all those things, so how -- I guess the time frame that you would like that to come back is what we need today, and then you could decide which legislation you would want to proffer forward. Vice Chair Hardemon: So there is no item right now --? Ms. Mendez: Right. For the bigger -- Vice Chair Hardemon: -- there's no resolution. Ms. Mendez: -- program, because right now, the program exists in commercial and residential areas in two districts. If that needs to be expanded, that would be a legislative item. So my suggestion would be to bring a discussion item about expanding the program, along with this item that's before you, and then you can decide whether you want to only accept the item that's before you; or you will tell us, "Bring back a larger item "; you know, an actual legislative item expanding the program. Vice Chair Hardemon: I'm fine -- Ms. Mendez: That is my suggestion. Vice Chair Hardemon: -- with doing it at the next Commission meeting. Chair Gort: I personally like to have a discussion item, because I'm getting a lot of calls of people that being visit by the Home Depot; that they tell do not allow the program to take place in their district, but when I explained the reason why I -- explain to them the reason why I have doubts on this, they understand because a lot of people are not informed that this type of loans takes first place, so the banks has to agree to it, which is very important. Ms. Mendez: And also, that would give me time to send each of you the report with regard to Supreme Court cases that have come out, and how they, you know, talk about this program or not, because some of it is indicta, and things in it -- it's a little complicated and hard to digest, so the bringing back of a discussion item would actually give me time to send you a memo beforehand; that would give, also, the Administration, I think, time to do any research or -- for reporting purposes for you, and then you could decide what you would like to do. Commissioner Suarez: Mr. Chair, ifI may? City of Miami Pagel Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Thank you. Yes, sir. Commissioner Suarez: Yeah, I think -- I'm okay with both the suggestions. I think maybe -- does November give you enough time, or December? Ms. Mendez: In a perfect world, since November is -- well, it depends how fast you want it. If you want it in November, that's fine, but it's -- since it's one meeting in November and one in December -- Commissioner Suarez: Okay, let's do it for December, if that's okay with you guys. Vice Chair Hardemon: Fine. Chair Gort: I don't have a problem, but I want to make sure the document that's given to the person that's going to sign is aware of what he's signing to -- Commissioner Suarez: Sure. So -- Chair Gort: -- because a lot of people believe this is a grant. Commissioner Suarez: Yeah. No -- Chair Gort: You have to make -- Commissioner Suarez: -- it's definitely not a grant. Chair Gort: It's -- especially -- Commissioner Suarez: And let me tell you -- Chair Gort: -- (UNINTELLIGIBLE). People need to understand that. Commissioner Suarez: Yeah, it is. Chair Gort: They take the first priority. Commissioner Suarez: That's absolutely correct, and, you know -- so, you're right; there's no doubt about that. I've gotten some emails from other districts, you know, wondering why it's not happening in other districts, so that, to me, is resident -based, but I think what I wanted to do was just have a report just to show how the -- you know -- progress of it, so. Chair Gort: Yeah, I like that. And let me tell you, the calls that I received, I answered them personally, and I tell them the reason why, and they understand. Commissioner Suarez: Yeah, I mean it's -- Chair Gort: That's not what they were told by the vendors. Commissioner Suarez: I -- Chair Gort: Something is the policy -- Commissioner Suarez: Yeah. I can't -- City of Miami Page 8 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: -- and something is the vendors. Commissioner Suarez: -- speak to that, obviously. I could tell you that in my district, I haven't gotten any complaints. I don't know if you've gotten any complaints, Commissioner Sarnoff in fact, it's quite the opposite. I've gotten people that are very thrilled that this program is available to them, and the only complaints I've heard are people that complain that they don't have it in their area; that's the only complaint that I've gotten. I'm not saying that they're fully informed, they're not fully informed, or that the company is or isn't informing them. You may be right, and I have no reason to -- certainly not doubt you. So, you know, I'm just -- let's do -- let's look at it in December, and we'll go from there; sounds good to me. Chair Gort: Okay. Yes, sir. Mr. Alfonso: Mr. Chair, may I just get clarification? So we're withdrawing this item? It's going to be withdrawn? Commissioner Suarez: We can either bring it back as a discussion item -- I think we're going to have the cases that impact this item, number one; we're going to have the report that was in here, that talks about how it's been utilized; and we're going to talk about whether it should be confined to certain areas, or whether it should be citywide. Mr. Alfonso: Right. So this item -- Vice Chair Hardemon: Is deferred. Mr. Alfonso: -- is deferred; not withdrawn? Vice Chair Hardemon: It is deferred; not withdrawn, because -- Mr. Alfonso: Okay. Vice Chair Hardemon: -- we may be utilizing it. Mr. Alfonso: Okay. Commissioner Suarez: And supplement it, as we've requested for it to be supplemented. Mr. Alfonso: Okay. And we'll bring back that discussion item in December. Commissioner Suarez: And by the way, a company representative should be here, because if the Commissioner has concerns -- if both the Commissioners or any of the Commissioners have concerns -- Mr. Alfonso: They're right here, sir. Commissioner Suarez: Okay, good. Come back, because, you know, if he has specific concerns about what is being explained -- Chair Gort: And I'd like to see the people from Home Depot to be here, too, also. Commissioner Suarez: Home Depot? Chair Gort: Yes. Commissioner Suarez: Okay. City of Miami Page Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Unidentified Speaker: (UNINTELLIGIBLE). Chair Gort: Yes, sir. Commissioner Suarez: Okay, thank you. And communicate with him in advance, please. Thank you. Thank you; which I agree. Chair Gort: Thank you. Do we have any item that any other Commissioner would like to pull? Okay. Do I have a motion on the consent agenda? Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Suarez: Second. Ms. Ewan: Chair, I need a motion on the deferral and continuances. Chair Gort: I'm sorry, go ahead. Commissioner Sarnoff So moved. Chair Gort: Moved. Commissioner Suarez: Second. Chair Gort: Second. All in favor, state it by saying "aye. The Board (Collectively): Aye. City of Miami Page 10 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 CONSENT AGENDA CA.1 RESOLUTION 15-01069 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE AND EXECUTION OF AMENDMENT 1, MODIFYING THE TERMS OF THE 2014-2015 VICTIMS OF CRIME ACT AGREEMENT, ATTACHED AND INCORPORATED, TO COVER ANOTHER FULL FISCAL YEAR, AT THE SAME FUNDING LEVEL AS THE CURRENT YEAR, BY ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "2015-2016 VICTIMS OF CRIME ACT GRANT", AND APPROPRIATING FUNDS, FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, IN THE AMOUNT OF $32,467.00 AND THE REQUIRED MATCHING FUNDS BY THE CITY OF MIAMI IN THE AMOUNT OF $8,117.00, IN THE FORM OF IN -KIND SERVICES TO BE PROVIDED BY THE POLICE DEPARTMENT, FOR A TOTAL PROGRAM COST OF $40,584.00; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 15-01069 Summary Form.pdf 15-01069 GrantAward.pdf 15-01069 Pre-Legislation.pdf 15-01069 Legislation.pdf 15-01069 Exhibit - Agreement.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-15-0440 CA.2 RESOLUTION 15-01124 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ELECTRONIC SURVEILLANCE SUPPORT TEAM MULTI -AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER PARTICIPATING AGENCIES TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF ELECTRONIC SURVEILLANCE SUPPORT TEAMS, PURSUANT TO THE FLORI DA MUTUAL AID ACT, SECTION 23.12-23.127, FLORI DA STATUTES, IN FURTHERANCE OF THEIR RESPECTIVE DUTIES UNDER LAW FOR THE PURPOSE OF FACILITATING AND PROVIDING TECHNICAL ASSISTANCE AND EQUIPMENT IN CRIMINAL INVESTIGATIONS IN FLORIDA. City of Miami Pagr 11 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 15-01124 Summary Form.pdf 15-01124 Legislation.pdf 15-01124 Exhibit -Agreement.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-15-0441 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 Chair Gort: Consent agenda. There's a motion and a second Commissioner Suarez: Move. Chair Gort: All in favor, state it by saying "aye." The Board (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 15-01156 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE TRANSFER OF PROGRAM YEAR Economic 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC Development DEVELOPMENT FUNDS IN THE AMOUNT OF $250,000.00 FROM CITY OF MIAMI, SINGLE FAMILY REHABILITATION RESERVE FUNDS -DISTRICT 4; ALLOCATING SAID FUNDS TO LATIN CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICAAND TO THE ECONOMIC DEVELOPMENT LOAN PROGRAM AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 15-01156 Summary Form.pdf 15-01156 Notice to the Public.pdf 15-01156 Pre-Legislation.pdf 15-01156 Legislation.pdf 15-01156 Exhibit - AttachmentA.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 City of Miami Page 12 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 R-15-0442 Chair Gort: Okay. Daniel J. Alfonso (City Manager): PH.1. Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: PH 1. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development Department. PH.1 is a resolution of Miami City Commission authorizing the transfer of Program Year 2015/2016 CDBG (Community Development Block Grant) funds in the total amount of $250, 000 from District 2 Single -Family Rehabilitation -- sorry -- District 4 Single -Family Reserve Account, and it goes to facade improvement, a total of 150, 000, with 25,000 going to program administration and 125,000 as construction reserve; and 100, 000 for the District 4 Economic Development Loan Program for job creation. Chair Gort: Okay, thank you. Commissioner Sarnoff. So moved, and I -- Chair Gort: Been moved by Commissioner Sarnoff. Commissioner Sarnoff. -- heard you say `District 2, " so I want to clarify the district. Mr. Mensah: It's District 4, sir. Commissioner Sarnoff. Right; just want to make sure. Vice Chair Hardemon: Second. Chair Gort: Been moved and second. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Any further comments? All in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 15-01159 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Community and AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK Economic GRANT FUNDS IN THE AMOUNT OF $100,000.00 FROM THE D4 Development ECONOMIC DEVELOPMENT LOAN PROGRAM FUND TO C & H AESTHETIC CENTER, CORP. FOR JOB CREATION, UNDER THE TERMS AND CONDITIONS SPECIFIED IN ATTACHMENT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01159 Summary Form.pdf 15-01159 Notice to the Public.pdf 15-01159 Pre-Legislation.pdf 15-01159 Legislation.pdf 15-01159 Exhibit - AttachmentA.pdf City of Miami Page 13 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 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-15-0443 Chair Gort: PH.2. George Mensah (Director, Community Development): PH.2 is a resolution authorizing the allocation of CDBG (Community Development Block Grant) funds in the amount of $100, 000 from the District 4 Economic Development Loan Program from -- to C&HAesthetic Center Corporation for job creation, under the terms and conditions attached. Chair Gort: Thankyou. It's a public -- Commissioner Sarnoff. So move. Chair Gort: Been moved by Commissioner Sarnoff; second by Vice Chairman Hardemon. It's a public hearing. Is anyone in the public would like to address this one issue; anyone in the public, PH2? Seeing none, hearing none, we close the public hearings. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 15-01157 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, FROM THE Development CITY OF MIAMI, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, IN THE TOTALAMOUNT OF $401,175.00, AS SHOWN IN ATTACHMENT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 15-01157 Summary Form.pdf 15-01157 Notice to the Public.pdf 15-01157 Legislation.pdf 15-01157 Exhibit - AttachmentA.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-15-0444 Chair Gort: PH3. George Mensah (Director, Community Development): PH3 is a resolution of Miami City Commission, authorizing the transfer of CDBG (Community Development Block Grant) Program Income Funds from the City of Miami Department of Economic Development; total amount of 401,175, and provided as shown. And this is to program administration and for Fire Rescue Department. City of Miami Page 14 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Thankyou, sir. Do I have a motion? Commissioner Sarnoff. So move. Chair Gort: Been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Seconded by Vice Chairman Hardemon. Vice Chair Hardemon: I have one question, though. Chair Gort: It's a public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, close the public hearings. You're recognized. Vice Chair Hardemon: Thank you very much. The "whereas" clause that talks about CDBG timeliness requirements, do the timeliness requirements apply to program income? Mr. Mensah: Yes, yes. When we get money in, it adds up to our funds in the line of credit, so we have to continuously spend that. Vice Chair Hardemon: And are the timeliness requirements the same for program income as they are for the initial allocation of the CDBG -- Mr. Mensah: It's the same funds; they go -- all go together, so once you get program income, you are required to spend your program income first, so basically, what it means is that we can't touch the -- that amount till this program is spent first. Vice Chair Hardemon: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Thankyou. PH.4 RESOLUTION 15-01165 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF FIFTY (50) AXON FLEX BODY VIDEO CAMERAS, ACCESSORIES AND RELATED EQUIPMENT, FROM TASER INTERNATIONAL, INC., FOR THE DEPARTMENT OF POLICE, ON AN AS NEEDED CONTRACTUAL BASIS FOR A PERIOD OF ONE (1) YEAR, RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL FINDING OF SOLE SOURCE BY THE CHIEF PROCUREMENT OFFICER AND APPROVED BY THE CITY MANAGER, FOR AN INITIAL PURCHASE AMOUNT OF $49,511.09; City of Miami Page 15 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 ALLOCATING FUNDS FROM THE RISK MANAGEMENT DEPARTMENT'S INTERNAL SERVICE FUND, ACCOUNT CODE NO. 50001.301001.545012.0000.00000; WITH FUTURE PURCHASES TO BE ALLOCATED FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-01165 Summary Form.pdf 15-01165 Notice to the Public.pdf 15-01165 Memo - Manager's Approval.pdf 15-01165 Memo - Request for Sole Source Finding.pdf 15-01165 Back -Up - Sole Source Letter.pdf 15-01165 Back-up - Market Research.pdf 15-01165 Legislation.pdf 15-01165 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0445 Chair Gort: PH.4. Anne Marie Sharpe: Good morning, Commissioners. Anne Marie Sharpe, director of Risk Management. This is a resolution by the four fifths affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the City Manager's finding of a sole source; waiving the requirements for competitive sealed bidding procedures; and approving the purchase of 50 flex body video cameras, accessories, and related equipment from Taser International for the Department of Police. Chair Gort: Thank you. Do I have a motion? Vice Chair Hardemon: So move. Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff. Second Chair Gort: Second by Commissioner Sarnoff. It's a public hearing. You're recognized, sir. Javier Ortiz: Thank you, Commissioner Gort. Lieutenant Javier Ortiz, president of the Miami Fraternal Order of Police, 710 Southwest 12th Avenue. Regarding PH.4, I just want to put on the record, from speaking to the Chief this is a pilot program, and that this will not in any way affect the terms and conditions of employment of our members; in the event that it's going to be, we'll -- you know, we're going to be demanding for impact bargaining. Thank you. Chair Gort: Thank you. Anyone else? Seth Sklarey: Seth Sklarey, Coconut Grove. Just one question I have is to what standards the City has set for the availability of these videos to the public in regard to open records law. When will they be allowed; when will not be allowed and things like that? And I'd like to see, you know, what the standards are. Chair Gort: Madam Attorney, do you -- City of Miami Page 16 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 FR.1 15-01030 District 4- Commissioner Francis Suarez Vice Chair Hardemon: Madam City Attorney, do we do that? Victoria Mendez (City Attorney): We have to comply with the public records law, so whatever needs to be redacted is redacted, and things of that nature; so it's just complying with the regulations on storage and things of that nature. Mr. Sklarey: Will they be immediately available? Chair Gort: Yes, they will; not immediately. Ms. Mendez: I believe there's a time period; about 30 days, for sure; not before that. And then we need to see if any exemptions apply, so obviously, we'll -- we have a reasonable time period with which to turn them over; but especially, we have to see, frame by frame, and things of -- you know, to see what can be turned over and not. Mr. Sklarey: Thank you. Ms. Mendez: Thank you. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. PH 4. All in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTIONS 13-5 AND 13-8, TO INCLUDE THE DEFINITION OF WORKFORCE HOUSING AND ALLOWING WORKFORCE HOUSING TO QUALIFY FOR THE AFFORDABLE HOUSING IMPACT FEE DEFERRAL PROGRAM; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01030 Legislation FR/SR.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: Okay. FR.3 is at 3 o'clock. Daniel J. Alfonso (City Manager): Yeah, but if he wants to go -- Chair Gort: Do you have one item? Commissioner Suarez: Yeah, I have FR.1. FR.1. You want me to go? City of Miami Page 17 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Go ahead. Commissioner Suarez: Let me just find my place here real quick, Mr. Chair. Victoria Mendez (City Attorney): I believe we can do FR.1 now? Commissioner Suarez: Yeah. Let me just find my place here real quick. Thank you, Mr. Chair. FR.1 is a first reading ordinance that seeks to encourage and help in the process of creating an incentive for workforce housing. We obviously are trying to do a tremendous amount in the area of affordable housing, and extremely low-income housing, which we obviously need to continue to do. This allows for deferrals of impact fees for projects that are certified as workforce housing for an area median income between 80 percent and 140 percent of area median income, and I'm just looking for a statistic here that shows what that means in terms of numbers; bear with me one second. You have it? Thank you. Thanks. So 80 percent of area median income is one person in one individual household making $37,900. And 140 percent ofAMI (area median income) is an individual household of a person making $61,500. Now, 15-year employees in the City of Miami -- we have one who's the president of one of our labor unions -- makes $52,000, so he's right in that range between 80 and 140, and the fact of the matter is that right now, it's very difficult for people in that range to find housing in the City of Miami, and we've seen article after article that details it. And I'm not saying -- you know, government has a limited role in a lot of these things, and I'm not saying that we're here to solve the problem, but we have to use all our available resources to do that. So, you know, I'd like to move this on first reading. I'm still discussing with the Administration some issues having to do with making sure that we can hold people accountable if they're somehow getting outside of the range, but I think this is something that will promote workforce housing and that will be a good incentive. Thank you. Chair Gort: Thank you. Any -- yes, sir. Vice Chair Hardemon: I think this type of legislation is what helps bring the young professionals back into our communities. Commissioner Suarez: Absolutely. Vice Chair Hardemon: And Miami is becoming increasingly more expensive to live in. I think there are some other products that the private sector have come up with that will assist in that, so, for instance, the micro -units, which are very small units that will be in the urban cores in the downtown areas and such, and those units will assist, but not only those will be -- the square footage in those units are much smaller. And I guess when you're transitioning from college to a big city like New York or a city like Miami, you're more likely to have that micro -unit and be satisfied with it; compared to sharing, say, for instance, a 800-square-foot unit -- Commissioner Suarez: A hundred percent right. Vice Chair Hardemon: -- with a roommate. So we need these products for just what you said, but also to encourage people who come to Miami, those who are young public defenders, who are young State's attorneys, who are young doctors, young teachers, things of that nature, to know that they can live within the City of Miami instead of travel from Broward County into the City of Miami, and add to the traffic dilemma that we have, so I encourage this -- Chair Gort: Thank you. Vice Chair Hardemon: -- to be passed, also. Chair Gort: It's a public hearing. Is anyone in the public would like to address this one issue? City of Miami Page 18 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Javier Ortiz: Lieutenant Javier Ortiz, Miami Fraternal Order of Police president, 710 Southwest 12th Avenue. We support this. We would also like to see if the City would also look at -- not just as a way to entice and motivate our future police officers to join the Miami Police Department to -- maybe there's something that you could stipulate in order to entice them, for them to come and live in one of our neighborhoods, because I would say less than 10 percent of our Miami police officers live in the City of Miami. I lived in the City, andl had to move out, because I couldn't afford it; and that goes for, again, 90 percent of our workforce, so to see something like that, it could really improve our recruitment efforts, which we're all, you know, trying to do. Thank you. Chair Gort: Thank you. Commissioner Suarez: And to Sergeant Ortiz' point, not only -- to Lieutenant -- I'm sorry -- Lieutenant's point, not only will it improve our recruitment efforts, but it improves our policing efforts. I tell you, one of my safest neighborhoods is a neighborhood where one of our NROs (Neighborhood Resource Officer) lives in the neighborhood, in Shenandoah, so it has a double and triple effect, so thank you. Chair Gort: Yes, sir, you're recognized. Corey Taylor: Corey Taylor, vice president, 871 Solid Waste City of Miami Union. We appreciate this, also, because me and my -- on behalf of my union, my president, and the City of Miami, we'd like to bring people back to the City, where they live, work, and play. Thank you. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. Commissioner. Commissioner Sarnoff I'm going to vote on this first reading, and I bring something up to you, Commissioner Suarez, just to think about. First issue is I don't know how this works in terms of affordable housing, because we've only had one building ever designed in Miami that has a tiered approach, where it's not only affordable housing, and that's the one that's being constructed on Brickell, and that's really the model that you want to create, so I would hope you might be able to deftly figure out workforce, affordable, and market, because you don't want monolithic buildings. Commissioner Suarez: Well, here's -- there are two sort of different things, but I don't know if you recall what we did when we modified Miami 21, and created that affordable housing piece of legislation for those entitlements. You then said, "We really need a mixed income component." And so, what we did was we created a component that allowed for mixed income buildings to be considered affordable buildings for purposes of those benefits, so that was one aspect of it. This aspect says, you know, we want to give credit to a developer who's going to build, not only affordable, but also, mixed income, so, in my opinion, this actually subsidizes or helps even more in terms of the mixture of buildings the way that you envisioned them, which are not just strictly affordable housing, but they're mixed income, workforce income with affordable housing; and then, also, they usually have some ELI, as well, which is "extremely low income, " which is 30 percent ofAMI or less. Commissioner Sarnoff And the last thing I just wanted to say, you know, as you either defer or remove the impact fees for Fire, Police and Parks, you have to find alternate ways of supplanting that. Commissioner Suarez: And this is a deferral, not a removal, so if the buildings cease to operate in this fashion -- in other words, they start renting at market -- then they have to pay those, so those deferrals or those fees are going to be paid, but you're right. You know, obviously, anything that we defer, any revenue we forego is something that we have to make up in another City of Miami Page 19 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 way, but we're being asked by the community to get involved, and to do more, and so this is a way that I thought that we could sort of do a little bit more to encourage that type of building. Commissioner Sarnoff The only reason I bring it up is, you know, every time we do something, we may create a deficit. The question is: How can we fill that deficit? Maybe there'll be something on the agenda that would help fill that deficit. Commissioner Suarez: Okay. Chair Gort: Let me tell you, I've been involved in affordable housing for 20-some years, and I chair a couple of committees. Right now, in East Little Havana, we are creating an apartment building, 20 -- 120 apartments. It's affordable housing and market rate, and have made it possible. We also have to go to the Federal Government, which they had cut the budget for home loan for affordable housing. This is something we have to deal with, also, because CDBG funds for HOME (Home Investment Partnership Program) has been cut quite a bit, so -- Commissioner Suarez: Exactly. Chair Gort: -- I agree with it. I think we can come up with -- there's a great need. I mean, if you read the paper yesterday, there was an opening to have 200 signature added to the list waiting for two apartments; more than 1,500 people showed up at 57th Avenue and 7th Street. Commissioner Suarez: St. Dominic. Chair Gort: Our police force had to be there and help them out, so there's a great need. There's a lot of neighborhood that -- Miami has two sides. We have some real good looking sides, but we have some major needs of people that came here in the '60 and '70s, and let me tell you, their retirement is maybe $600; some that are lucky might go up to $900, and it's very difficult for these people, even the workers. And at one time, we used to have an incentive for the police and City employees to receive funding to be able to buy homes in the City of Miami. This is something we should look at it, also. Thank you. I need a second. Commissioner Sarnoff Second. Chair Gort: Second by Commissioner Sarnoff. Okay, it's an ordinance. 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.1. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.1 passes on first reading, 4-0. Chair Gort: Thank you. FR.2 ORDINANCE 15-01232 First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS David Sarnoff AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY ADDING A NEW SECTION 10-7, ENTITLED "MINIMUM REQUIREMENTS FOR CONTRACTORS", CREATING REQUIREMENTS FOR PROVIDING NOTICE AND CONTACT INFORMATION FOR CONTRACTORS IN City of Miami Page20 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 CONNECTION WITH CONSTRUCTION; CONTAINING A REPEALER PROVISION, ASEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-01232 Legislation FR/SR.pdf Motion by Commissioner Sarnoff, 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: PH.4, we need four -fifth. We don't have four -fifths. Daniel J. Alfonso (City Manager): Okay. Well, can we table it till later? Chair Gort: Table till we get it. Mr. Alfonso: Thank you, Mr. Chair. Chair Gort: FR.1. Mr. Alfonso: FR.1. Chair Gort: Commissioner Suarez is not here. Mr. Alfonso: Commissioner Suarez is not present. FR.2, Commissioner Sarnoff? Commissioner Sarnoff Oh, yes. Chair Gort: The -- Commissioner Sarnoff. So FR.2 is a first reading ordinance that -- I don't know if you're finding this with regard to your particular neighborhoods, but what we're seeing in the City of Miami -- especially, to some degree, in Coconut Grove, but other places, as well, and some high-rise communities -- what we're seeing is what I would call -- years ago, general contractors did predominantly all the work; I think Commissioner Gort knows this pretty well. Today, a general contractor is really what I call a glorified CPA (Certified Public Accountant). He is the orchestrator that has a series of subcontractors below him, and obviously, he is trying to get the subs to work as -- what's the right word? I'm trying to be nice. I don't want to use the word, "cheaply," but he's trying to achieve his profit; in doing so, he's putting people that are going to be in a neighborhood for a reasonably brief time, Mr. Chair, and their connection to that neighborhood is certainly brief and may be -- certainly not permanent, and nothing along the lines of what I think would be good neighborly policies. So what this ordinance does is actually require them to put up a notice of the general contractor, so the neighborhood can contact the general and say, "You know, with all due respect, I understand you're not here, although you should have a project foreman here," and if you don't know this, but little things, such as people not using trash receptacles, people throwing -- having, let's say, a chicken dinner or a chicken lunch and throwing the bones out there, so dogs walk by, consume the bones, and then somebody has a vet bill of a sizable amount; but it also includes, Mr. Chair, making that person understand that they're making a mess, dust, and trying to retain that dust and mess on their own property. So this is a first attempt; it may have further remedies to it. We're also going to propose a code of ethics that they sign as a professional engaged in the business of construction. And here's the code of ethics that we think -- we suggest they should sign: `I will be fair, honest, and impartial, respectful, and professional, and act in good faith in all my relations with my clients and public, including employees, subcontractors, and suppliers. I will always act in the interest of the client, unless doing so violates the law or statute. I will not discriminate on the basis of race, national creed, religion, gender, sexual orientation, familial status, or handicap, and will comply with all City of Miami Page21 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Federal, State, and local laws concerning discrimination and fair housing. I will be truthful regarding my training, experience, qualifications, and services. I will be truthful regarding my license and certifications" -- and that's important -- "and will provide documentation to the neighbors upon request. I will be truthful regarding my bonding and insurance coverage. I will accept only assignments and projects for which my skills and licensing are commensurate. I will uphold and comply with all governing codes, government and municipal statutes, and professional licensing requirements of the jurisdiction in which I conduct business, especially those related to safety." Again, Mr. Chair, this is a very beginning of what I would say the urban infill of Miami is, because when you build adjacent to people, you affect that person's life, and it could be for six months to 18 months; could be as much as two years. I just bring this to you, before you all, on a first reading; it can be modified; it can be thought about, but as you create the urban infill, which is what we're experiencing here in Miami, a contractor's code of ethics, I think, is in line. Chair Gort: Thank you. Is there a second? Vice Chair Hardemon: There is a second. Commissioner Suarez: Second. Chair Gort: Second by Vice Chairman. Let me tell you, this is a problem that we have throughout the whole City; and not only the private contractor, but even the contractor hired by the City of Miami; and not only do they don't clean up, they don't follow that up, but at the same time, they give the wrong information to the neighbors. I mean, there's people that -- some of these subcontractors, they don't have an idea what the whole thing is, and then they start telling the neighbors all kinds of different things, and we get the phone calls all the time. Mr. Alfonso: Right. Chair Gort: Yes, sir. Mr. Alfonso: Mr. Chair, I just want to point out, for contracts that are done by the City of Miami, we put up the big sign that says -- Chair Gort: Right. Mr. Alfonso: -- "City of Miami"; we put up our phone number, so if there's a problem with a contractor, no need to call the contractor. Call us; our CIP (Capital Improvements Program) Department is responsible for handling any complaints. Chair Gort: No, we get the calls, too. Mr. Alfonso: I know. Chair Gort: No, I understand. Mr. Alfonso: But what I'm saying is if somebody needs to know who to call -- Chair Gort: Somehow, we got to -- Mr. Alfonso: -- they can call us. Chair Gort: -- tell the contractor, "Look, you got to talk to your subcontractor, and they have to behave certain way." I mean, I understand it's not their neighborhood, but they got to take care of it. Any further discussion? City of Miami Page22 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Sarnoff No, and I -- Mr. Chair, I'd just like to say Peter Iglesias -- and I'd like to say this to the Manager -- has been great to deal with. I've yet to see him not resolve a problem, Mr. Manager, in a neighborhood, but I think this would actually help him to be able to walk up to a contractor and say, "You know, this is an ordinance the City of Miami passed because of conduct of many people, and this is now the law in Miami. You need to comply with this, or your TCO (Temporary Certificate of Occupancy) will never get issued or we can do further Code Enforcement actions if you're not in compliance." Chair Gort: Let me add to that. This is the one gentleman that you have; you go to him with a solution, and if there are no solutions, he'll let you know the reason why, but what can be done about it. So thank you, Pete, for the job you're doing. It's a public hearing. Is anyone in the public would like to address this one issue? Seth Sklarey: Seth Sklarey, Coconut Grove. I support this, but it's really a baby step. Some of the bigger problems that we face in the community is that contractors hire a number of people, and they don't properly document, and they don't provide workers' compensation; they don't have adequate insurance; and there's no enforcement procedure, other than one guy downtown, who works for the State, who has to monitor two or three hundred construction sites to see if people comply. So -- and the other thing is the -- I'm a former building inspector, structural building inspector for the City of Miami, and a former general contractor, so I understand, you know, how this all works, but there's no provision in there for the enforcement by the Building Department or the Code Enforcement to find out if people are actually, you know, properly insured, and there's a liability issue, you know, when somebody pulls a contractor, but -- when somebody pulls a permit, they have to show they have insurance, and that's liability insurance which covers it, but the workers' comp and the other things; and misclassification of employees as independent contractors, rather than employees who they pay Social Security, and all that kind of stuff. And it's very difficult for a small contractor to comply with all those insurance regulations, because it puts him out of business, because he's competing with three or four hundred other contractors who don't have any insurance. So think about it, and let's try and get this stronger over time. Thank you. Commissioner Sarnoff Well, and -- Chair Gort: Thank you, sir. Commissioner Sarnoff -- can I address that, Mr. Chair? This goes as far as the law will allow in this jurisdiction. That would be a great argument you could be making to the 13-member of the County Commission; it would be a great argument you could make to the Dade Delegation to the Florida Legislature -- Mr. Sklarey: I see. Commissioner Sarnoff -- but this goes as far as the law in the City of Miami will allow us. And trust me, because I had the City Attorney pulling me as hard as she could, saying, "This may go too far," so I hear what you're saying. I know your issue; I think it's a laudable issue, but -- and I know you're running for this seat. You also have to learn how to advocate in the jurisdictions where this can have an effect. Mr. Sklarey: No, I understand. The other thing is, is I would ask that that be posted, together with a notice of commencement, which has to be posted on the site, so that all the documents are in one place, and posted, so people could see them. Commissioner Sarnoff. Well, and this require -- I'm sure you read this. City of Miami Page23 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Mr. Sklarey: Right. It says "posted" but it doesn't have it together, you know, so all those documents should be together in one place, and accessible to anybody who wants to look at it. Thank you. Chair Gort: Thank you. Anyone else? Mr. Alfonso: Mr. Chairman. Chair Gort: Yes. Mr. Alfonso: I'm sorry, go ahead. Chair Gort: Yes, sir. Mr. Alfonso: I wanted the Building official to clarify something that was said. Peter Iglesias: (Building): Peter Iglesias, senior director. All the contractors are required to provide a certificate of insurance for workmen's comp and liability. Those are certificates issued to the City of Miami Building Department, and so we get a 30-day notice when those certificates -- of any cancellation, and at that point, all permitting for that contractor is not allowed. The DBPR (Department of Business & Professional Regulation) and -- does not -- and the Florida Building Code does not require signage at job sites, so this would require signage at the job site, with the contractor's information. It does require a contractor to have his license when he's doing advertising, but it does not require signage at the job site, and this will do that, and I think it'll be a good help for the residents to be able to know who the person is, and who that contact number is, as far as the GC (General Contractor) is concerned, who is responsible for that entire job site and all his subcontractors. Chair Gort: Thank you. Yes, ma'am. Brenda Betancourt: Good morning. My name is Brenda Betancourt. I reside at 1436 Southwest 6th Street. This same issue we're having with the County. I'm part of a committee which are -- right now are looking at all these little details that impair a lot of other people to apply. I believe that if we work together with the small contractors, they will be able to be protected. You have to understand, big contractors subcontract the job that they don't do, and then when there is a problem, this subcontractor do not get paid, and it's -- a big contractor understand that as they are the ones that are getting millions of dollars in construction, sometimes, the little ones are the ones who getting hurt. So it would be better for us to try to eliminate those barriers to understand -- big contractors, small contractors -- because that's what we advocating right now for a lot of those who do not have the money to pay for a year of attorneys fees to fight for what -- the money that they been owing. So if we eliminate those, a lot of those rules will be able to help. Right now, in the County, it's been thinking in considerations for the new regulations that they are going to be applying for the new ordinance. So I really appreciate if you guys can see that as a way for us to improve our contractors in the City of Miami to be able to get work with the City with the money that we are -- taxpayers have. Thanks. Chair Gort: Thank you. Anyone else? Seeing none, hearing none, close the public hearing. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Nicole N. Ewan (Assistant City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.2 passes on first reading, 4-0. City of Miami Page24 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 FR.3 15-01260 District 2- Commissioner Marc David Sarnoff RE.1 15-01172 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION" MORE PARTICULARLY BY ADDING A NEW ARTICLE VII ENTITLED "MUSEUM PARK CONSERVANCY", PROVIDING FOR POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR MUSEUM PARK; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-01260 Back -Up Agreement FR.pdf 15-01260 Legislation FR (v2).pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Department of Capital Improvement Programs/Transportat ion Note for the Record: Item FR.3 was deferred to the October 22, 2015, Planning and Zoning Commission Meeting. Commissioner Sarnoff. Mr. Chair, FR.3, I am requesting a deferral. Javier Soto was taken to the emergency room today, and he would have been a presenter. So I'm just asking that this be brought to the October 22 Commission agenda. Commissioner Suarez: So moved Chair Gort: There's a motion; second Any further discussion? Being none, all in favor, state it by saying ifye. " The Commission (Collectively): Aye. Commissioner Sarnoff Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENTS WITH HNTB CORPORATION, INC., AND KIMLEY-HORN AND ASSOCIATES, INC., FOR THE PROVISION OF TRANSPORTATION PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000.00 FOR EACH FIRM, THEREBY INCREASING THE TOTAL CONTRACT CAPACITIES FROM $500,000.00 TO AN AMOUNT NOT TO EXCEED $1,000,000.00 PER CONTRACT; ALLOCATING FUNDS FROM THE VARIOUS CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENTS WITH EACH CONSULTANT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 25 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 15-01172 Summary Form.pdf 15-01172 Memo - Request for Increase.pdf 15-01172 Agreement - HNTB.pdf 15-01172 Agreement - Kimley-Horn.pdf 15-01172 Legislation.pdf 15-01172 Exhibit -Agreement.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-15-0448 Chair Gort: RE.1. Daniel J. Alfonso (City Manager): Commissioner, RE.1 is an item that increases the allocation to Kimley-Horn and HNTB. These are firms that do transportation studies for the City of Miami. Commissioner Sarnoff So move. Chair Gort: Been moved by Commissioner Sarnoff Commissioner Suarez: Second. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Yes, sir. Jeovanny Rodriguez (Director, Capital Improvements & Transportation Programs): I was here to present RE.1; Manager spoke. Chair Gort: Okay. Commissioner Suarez: Can I just say one thing, Mr. Chair? I need the consultant that did the 22nd Avenue study to attend a meeting next week, so I don't know if it's from one of these companies, but we're trying to convince the County to make 22nd Avenue like Segovia, and like Coconut Grove, and try and extend the feel of Coconut Grove beyond U.S.1. I think the underline is a big part of that, but what happens -- and I'm sure you can attest to this, Chair -- it's like U.S.1 becomes this big barrier where all the vegetation, and all the quality of life things happen south of U.S.1, and then when you get north of U.S.], it's like trees are no longer existent; quality of life is no longer an issue. Chair Gort: They dry out. Commissioner Suarez: Right. And so, you know, what we really need to do is learn from our -- from the successful parts of the City and try to replicate those things going north, and -- but we need the County's help, so please, if you can -- Mr. Rodriguez: Commissioner, unfortunately, that consultant did not make it to our selected list of consultants; they're not part of this group. We'll have to see how we can accommodate that. Commissioner Suarez: Well, we need to figure that out, because he was hired -- that person was hired to do that study, and now, the County's asking us to defend that study, so I -- Mr. Rodriguez: Yes, that's correct. City of Miami Page26 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Suarez: -- we can't hire somebody else to defend somebody else's study, you know; we got to figure that out. Mr. Rodriguez: I will discuss this with our Procurement Department -- Commissioner Suarez: Please. Mr. Rodriguez: -- and see how we can accommodate that. Commissioner Suarez: Please, please, please. And it's quick; we need to do it quickly. Thank you. Chair Gort: You know, the -- we need to work with the County. Twentieth Street, we did a joint venture with them. We fixed all Northwest 20th Street. They fixed 22nd Avenue, all the way from 62nd Street all the way down to 7th Street, Northwest 7th Street, but we left out 7th Street to Flagler, and they continue on to U.S.], so this is something we need to discuss with them, because my understanding is we've been working on the 22nd Avenue from 7th Street to Flagler; all the way from 20th Street to 7th Street. Mr. Rodriguez: But the County was the one who did that work, Commissioner. They -- like you said, they stopped and they didn't continue the work. We can certainly go back to them and ask them what their plans are; or we can do something together with them, but we can definitely try to reach out to the County and work together on that. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.2 RESOLUTION 15-01163 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 499325, FOR THE PROVISION OF PARKING SURCHARGE PROGRAM ADMINISTRATION CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH COMPLETE CONSULTING SERVICES GROUP LLC, THE HIGHEST -RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, FOR A PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; SHOULD NEGOTIATIONS WITH THE HIGHEST -RANKED PROPOSER FAIL, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PSA WITH THE OTHER RESPONSIVE AND RESPONSIBLE PROPOSER, UNTIL AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IS REACHED. City of Miami Page 27 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 15-01163 Summary Form.pdf 15-01163 Committee Evaluations.pdf 15-01163 Memos - Recommendation ofAward.pdf 15-01163 Request for Proposal.pdf 15-01163 CCSG Response.pdf 15-01163 Corporate Detail.pdf 15-01163 Legislation.pdf 15-01163 Exhibit-Agreement.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0449 Chair Gort: RE.2. Thank you. Jose Fernandez (Director): Good morning, Commissioners. Jose Fernandez, with the Department of Finance. RE.2 is a resolution of the Miami City Commission accepting the recommendation of the City Manager; approving the findings of the Evaluation Selection Committee; and authorizing the City Manager to negotiate and execute a professional services agreement with Complete Consulting Services Group, the highest ranked responsive and responsible proposer, for the parking surcharge administrator for the City of Miami. There were two proposers. CCSG was the highest ranked and we're requesting authorization to enter into negotiations with them. Chair Gort: Thank you. Do I have a motion? Commissioner Sarnoff So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: There is. Chair Gort: Second by Vice Chairman. Yes, sir, you're recognized. Eric Zichella: Mr. Chair, ifI may. Eric Zichella, for the record, 2929 Southwest 3rdAvenue. I represent Parking Auditing Group, the second ranked responsive and responsible proposer, and I'd like to just enter into the record a couple of facts and make an argument to you for your consideration, ifI may. And before I start, I'd like to start by answering a question that you may ask me before you ask it. It's, why didn't my client file a protest if we feel aggrieved? The answer to that is that your Code affords to you the final decision -making process, and whether or not a vendor or an applicant for an RFP (Request for Proposals) is ultimately responsible or not responsible, so this is ultimately your decision to make. We're going to enter into the record here some arguments about why this vendor is not responsible, and we'd appreciate your consideration. So, this RFP was a request for proposals about collection of taxes and auditing of those collections of taxes. The RFP required that proposers not have relationships that would impede their ability to be impartial or their independence. The vendor that's before you -- the recommendation that's before you is for a vendor that disclosed as part of the RFP process a relationship with the Public Health Trust, who is one of the largest payers of the surtax. We believe that that creates a problem, okay. If you think about yourselves as if you're the IRS (Internal Revenue Service), you're outsourcing the collection of taxes and the auditing of those collections of taxes, and the person that you're outsourcing them to -- the firm you're outsourcing them to is moonlighting for the very people that they're supposed to be collecting from and auditing, so that's a problem. You made it clear. The City made it clear in the process, in City of Miami Page28 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 addendum number two that an impediment to independence would exist if any provider has a relationship with any payer of the surcharge. It's clear that they do. We'd ask you to please set aside the recommendation for award,- find the top -ranked proposer not responsible, and award it to the second -rank responsive and responsible proposer that has not conflicts. Chair Gort: Okay. Thank you, sir. Madam Attorney. Victoria Mendez (City Attorney): Yes. At this time, like he said at the beginning of -- this formal bid protest wasn't filed, so you can consider what he said, but that's about it. I mean, there is no formal -- I mean, this is here for an award, and that's it. Chair Gort: My understanding, I read some of the documents and the recommendations from the Committee. You want to --? Mr. Fernandez: Actually, yes. We met with Legal and the number -one ranked proposer. Legal found them to be responsive, that -- he also disclosed that if there was a problem with the contract that he would sever his relationship with the Public Health Trust. What he does for the Public Health Trust is consulting services. There's an agreement between the MPA (Miami Parking Authority) and the Public Health Trust. They help the Public Health Trust manage that agreement. Nothing that they do is something that the City relies on to collect the surcharge. We feel that there is no independence issue. However, in his response, he did state that if there was a problem, he would sever that relationship with the Trust to keep this contract. Chair Gort: Thank you. Yes, ma'am. Ms. Mendez: And Chairman, I'm sorry. Really quick, any arguments are also waived, because they did not file a formal bid protest. I mean, at the end of the day, that's the better advice. Chair Gort: Okay, Thank you. Ms. Mendez: Thank you. Chair Gort: Yes, ma'am. Lucia Dougherty: Good morning, Mr. Chairman, members of the Board. Lucia Dougherty, with offices at 333 Avenue of the Americas in downtown. I'm here on behalf of the successful proposer and the incumbent contractor for the City. Frank Laso is here, and he's our president, - along with his colleague, Guillermo Ferrer. Mr. Laso has been privileged to have this contract since 2010. At the time that he received the award in 2010, the collections were $14.5 million. This last fiscal year ending in September of third -- September 30 of this year, the collections were up to $20,500, 000. And you'd probably be pleased to know that the total collection since the beginning of this surcharge collection is 280 -- $238 million -- actually, two hundred and thirty-eight, three hundred and seventy-four million dollars. So it's been a very successful program, and one that Mr. Laso is very pleased to be a part of. Regarding this specific allegations, I do agree with the City Attorney that they failed to file a bid protest and filing fees that come along with the bid protest, so I think that his issue should be discounted. On the other hand, out of the four people who reviewed this selection, two people were from the Finance Committee, one was your Finance director, the other one was your auditor. And in those Selection Committee, we received -- out of the 400 points, we received 362, and the other side received only 299. And Mr. Zichella, by the way, sits on the Finance Committee, and his colleagues voted us higher than his client. Regarding the other issue about non -responsiveness, it's very interesting that he would say that we are nonresponsive, because we have a contract with JMH (Jackson Memorial Hospital), when, in fact, well, his team member sits on the board of JMH, and furthermore, if you look in the RFP, he has a -- his principal actually has a contract currently with Park One, which is also a person -- or a company that gives money to -- pursuant City of Miami Page29 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 RE.3 15-01178 Department of Risk Management to the surcharge. So, specifically, what he's complaining about, his company does the same thing. The other issue is that his company is suppose -- all -- both companies are supposed to have a office in the City of Miami, an office that existed in the last 12 months. In August of this year, his company got a 200-square-foot office that has a CU (Certificate of Use) starting in August of this year, as opposed to when it was required, so his company is actually less responsive than we are. And one of the requirements is that we disclose it. Their company didn't disclose the fact that they had an agreement with Park One. 1'll conclude and ask that you award this to your -- to Consulting Group and who is your City's recommended bidder. Chair Gort: Thank you. Okay, any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MANAGER TO EXERCISE THE FIFTH (5TH) AND FINAL RENEWAL BETWEEN THE CITY OF MIAMI AND GALLAGHER BASSETT SERVICES, INC., PURSUANT TO RESOLUTION NO. 10-0556, ADOPTED DECEMBER 16, 2010, FOR THE PROVISION OF CLAIMS ADMINISTRATION SERVICES AND MANAGED CARE SERVICES, PART I: WORKERS COMPENSATION CLAIMS ADMINISTRATION, PART II: GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION, AND PART III: MANAGED CARE SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 15-01178 Summary Form.pdf 15-01178 Pre-Legislation.pdf 15-01178 Back -Up Document.pdf 15-01178 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-15-0450 Chair Gort: RE.3. Anne Marie Sharpe: Anne Marie Sharpe, director of Risk Management. This resolution authorizes the Manager to exercise the option of renewal -- contract renewal between the City of Miami and Gallagher Basset Services for claim administration services. Chair Gort: Okay, do I have a motion? Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. City of Miami Page 30 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? My understanding, Mr. Manager, we're going to have an RFP (Request for Proposals) going out? Daniel J. Alfonso (City Manager): We have to, sir. This is the last renewal of this contract. Chair Gort: And this is for one year, so the RFP has to go out pretty soon. Ms. Sharpe: Yes. Mr. Alfonso: Yes, sir. Chair Gort: Thank you. All in favor, state it by saying, "aye. " We did? The Commission (Collectively): Aye. Chair Gort: Perfect. RE.4 RESOLUTION 15-01154 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 495345, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE HIGHEST RANKED FIRM, CIGNA HEALTH AND LIFE INSURANCE CO. ("CIGNA"), FOR THE PROVISION OF EMPLOYEE BENEFIT DENTAL PLAN PROGRAM, FOR BOTH THE DENTAL HEALTH MAINTENANCE ORGANIZATION AND PREFERRED PROVIDER ORGANIZATION PLANS, FOR THE DEPARTMENT OF RISK MANAGEMENT ("DEPARTMENT"), FORA PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE DEPARTMENTS BUDGET ACCOUNT CODE NO. 50001.302001.523000.0000.00000, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER, SHOULD NEGOTIATIONS FAIL WITH CIGNA, TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, UNITED HEALTHCARE SERVICES, INC. ("UNITED HEALTHCARE"), SHOULD NEGOTIATIONS FAIL WITH UNITED HEALTHCARE, TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD -HIGHEST RANKED FIRM, METROPOLITAN LIFE INSURANCE CO. ("METLIFE"), SHOULD NEGOTIATIONS FAIL WITH METLIFE, TO REJECT ALL PROPOSALS AND ISSUE A NEW RFP SOLICITATION. 15-01154 Summary Form.pdf 15-01154 Memo - Recommendation of Evaluation Committee.pdf 15-01154 Request For Proposal.pdf 15-01154 Cigna Proposal.pdf 15-01154 Corporate Detail.pdf 15-01154 Legislation.pdf 15-01154 Exhibit -Agreement.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 31 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez RE.5 15-01177 Department of Parks and Recreation R-15-0422 Chair Gort: RE.4. Anne Marie Sharpe: Anne Marie Sharpe, director of Risk Management. This is a resolution accepting the recommendation of the City Manager; approving the findings of the Valuation Committee, pursuant to an REP (Request for Proposals); authorizing the City Manager to negotiate and execute professional services agreement, substantially in the attached form, with the highest ranked firm, Cigna Health Life Insurance Company (`Cigna) for the provision of employee benefit dental plan program for both the HMO -- that's Health Maintenance Organization -- and the PPO, Preferred Provider Organization, plans for the Department of Risk Management. Chair Gort: Okay, do I have a motion? Commissioner Sarnoff. So move, Mr. Chair. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Yes. Chair Gort: Second by 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, AUTHORIZING THE PROCUREMENT OF THE SPOIL ISLAND MAINTENANCE SERVICES WITH MADSON, INC., FOR THE PARKS AND RECREATION DEPARTMENT, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING MIAMI-DADE COUNTY CONTRACT NO. 8448-0/18, EFFECTIVE THROUGH MARCH 31, 2018, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS 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. 15-01177 Summary Form.pdf 15-01177 MDC Contract.pdf 15-01177 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-15-0451 Chair Gort: RE.5. City of Miami Page 32 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Kevin Kirwin: Good morning, Commissioners. Kevin Kirwin, your City of Miami Park and Recreation director. RE.5 is a resolution authorizing access to utilize existing County contract to clean up five Spoil Islands in Biscayne Bay. Commissioner Sarnoff. So move. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Kirwin: Thank you. Chair Gort: Thank you. RE.6 RESOLUTION 15-01251 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) INTERLOCALAGREEMENTS WITH MIAMI-DADE COUNTY ("COUNTY"), IN SUBSTANTIALLY THE ATTACHED FORMS SHOWN ON ATTACHMENT "1", TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD STREETLIGHTS, NON-STANDARD STREET IDENTIFICATION SIGNS, NON-STANDARD HARDWARE FOR TRAFFIC SIGNS, NON-STANDARD DEVICES FOR NON -SIGNALIZED PEDESTRIAN CROSS -WALKS AND PAINTING OF TRAFFIC CONTROL HARDWARE AND SUPPORT SYSTEMS WITHIN THE COUNTY RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF NORTHEAST2NDAVENUE, MIAMI, FLORIDA, DEPICTED IN ATTACHMENT "2", AS STATED HEREIN. 15-01251 Summary Form.pdf 15-01251 Legislation.pdf 15-01251 Exhibit - Attachment 1.pdf 15-01251 Exhibit - Attachment 2.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo R-15-0452 Chair Gort: RE.6. Eduardo Santamaria: Good morning, Mr. Chair, Commission. Ed Santamaria, director of Public Works. RE.6 is a resolution authorizing the City Manager to execute three interlocal agreements with Miami -Dade County for installation and maintenance of nonstandard improvements within Miami -Dade County right-of-way in the Design District area. Victoria Mendez (City Attorney): Could we -- City of Miami Page 33 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Thank you. Ms. Mendez: -- consider for public hearing purposes, RE. 6 and RE.7? They go rank. Nicole N. Ewan (Assistant City Clerk): Yes. Ms. Mendez: Okay, thank you. Chair Gort: RE. 6 and RE.7. Vice Chair Hardemon: I'll move it. Commissioner Suarez: Second. Chair Gort: Who moved it? Vice Chair Hardemon: I did Chair Gort: You did. Commissioner Suarez: Second. Chair Gort: Vice Chairman Hardemon moved it; second by Commissioner Suarez. Any discussion? Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 15-01252 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING COVENANT(S) RUNNING WITH THE LAND FOR NON-STANDARD IMPROVEMENTS FOR NON-STANDARD STREET LIGHTS, NON-STANDARD STREET IDENTIFICATION SIGNS, NON-STANDARD HARDWARE FOR TRAFFIC SIGNS, NON-STANDARD DEVICES FOR NON -SIGNALIZED PEDESTRIAN CROSS -WALKS AND PAINTING OF TRAFFIC CONTROL HARDWARE AND SUPPORT SYSTEMS WITHIN THE MIAMI-DADE COUNTY ("COUNTY") RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF NORTHEAST2NDAVENUE, MIAMI, FLORIDA, AS DEPICTED IN ATTACHMENT "2", ATTACHED AND INCORPORATED, AND FOR WHICH THE CITY OF MIAMI HAS ENTERED INTO INTERLOCAL AGREEMENTS WITH THE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID COVENANT(S), IN SUBSTANTIALLY THE ATTACHED FORM SHOWN ON ATTACHMENT "1", ON BEHALF OF THE CITY WITH THE PROPERTY OWNERS LISTED ON ATTACHMENT "3". 15-01252 Summary Form.pdf 15-01252 Legislation.pdf 15-01252 Exhibit - Attachment 1.pdf 15-01252 Exhibit - Attachment 2.pdf 15-01252 Exhibit - Attachment 3.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 34 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo R-15-0453 Vice Chair Hardemon: Move RE.7. Chair Gort: RE.7. Vice Chair Hardemon: Moved that also. Commissioner Suarez: Second. Chair Gort: Moved by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion? Seeing none, hearing none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: RE.8 has been deferred. RE.8 RESOLUTION 15-01131 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Commissioner (4/5THS) AFFIRMATIVE VOTE, ALLOCATING GRANT FUNDS FROM THE Francis Suarez DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT NOT TO EXCEED $30,000.00, TO THE ASSOCIATED BUILDERS AND CONTRACTORS, INC., FLORIDA EAST COAST CHAPTER; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE DONATION. 15-01131 Legislation.pdf RE.9 15-00631 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 RE.8 was deferred to the October 22, 2015, Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR FINANCING OF QUALIFYING IMPROVEMENTS TO PROPERTIES WITHIN HISTORIC DISTRICTS. 15-00631 Pre-Legislation.pdf 15-00631 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ City of Miami Page 35 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 RE.10 15-00755 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 RE.9 was deferred to the December 10, 2015, Regular Commission Meeting. RESOLUTION District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CommissionerKeon CITY MANAGER TO ACCEPT THE DONATION AND INSTALLATION OF TEN Hardemon (10) SCULPTURES FROM NINATORRES, AT AN ESTIMATED FAIR MARKET VALUE OF $1,000,000.00, TO BE INSTALLED ALONG THE MIAMI RIVER AND THE PUBLIC MIAMI RIVER GREENWAY/RIVERWALK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE ACCEPTANCE OF SAID DONATION. 15-00755 Legislation.pdf RE.11 15-01295 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 RE.10 was deferred to the December 10, 2015, Regular Commission Meeting. RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioner PRESIDENT AND MEMBERS OF THE SOUTH FLORIDA CONGRESSIONAL Wifredo (Willy) Gort DELEGATION TO PROVIDE TRANSPARENCY, PUBLIC PARTICIPATION AND COLLABORATION DURING THE DISCUSSIONS OF THE TRANS -PACIFIC PARTNERSHIP ("TPP") AGREEMENT AND TO CONSIDER THE OPINIONS OF HARD WORKING AMERICANS WHILE DELIBERATING THE TERMS AND RAMIFICATIONS OF THE TPP AGREEMENT; ALSO DIRECTING CONGRESS TO DO THE SAME; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 15-01295 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0454 Chair Gort: At this time, I'd like to take a privilege, a time -certain item, RE.11. RE.11: This is a resolution of the Miami City Commission urging the President and members of the South Florida City of Miami Page 36 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Congressional Delegation to provide transparency, public participation and collaboration during discussion of the Trans -Pacific Partnerships taking place -- TTPs -- agreement and consider the opinion of hard working Americans while deliberating the terms and ramification of this -- of the TPP agreement; directing the City Clerk to transmit a copy of this resolution to the elected official stated herein. Commissioner Sarnoff So I'll move this, Mr. Chair, for discussion. Chair Gort: Been moved by Commissioner Sarnoff Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Commissioner Hardemon. Discussion. Commissioner Sarnoff First off, I support this simply because I think it's NAFTA (North American Free Trade Agreement) on steroids, whether you look at it from a labor standpoint, or whether you look at it from an environmental standpoint; there's an irony in this world from the environmental part of it. Certainly, Mexico is part of NAFTA, and there are only two rivers in the world that run south to north, and one is the Nile and the other is the Rio Grande. So if you're Ford Motor Company, and you put a production plant in Mexico, and you know Mexico has extremely liberal or nonexistent environmental laws, you pollute Mexico; but, ironically, it pollutes into the Rio Grande, which then flows back to the United States, so NAFTA had a very unintended consequence. Equally, I know what was touted in NAFTA was there were going to be jobs, jobs, jobs for America, and there are about 400 very good paying jobs from NAFTA up in California, where about 15,000 -- what I would call factory workers jobs, which I think are still well paid jobs for that type of labor -- went to Mexico, because of a lot of reasons; one of which is they have much lower pay wages; and number two, they don't have to comply with environmental standards; which, again, creates a much lower basis to do that kind of work. This is really NAFTA on steroids, so I certainly agree with that, but I would like to be educated on one thing, because I'm a little bit curious, Mr. Chair. And being that I watched Congress pass the Iran Accord, whether I agree or disagree with it, I was curious as to the mechanics of how that happened. I'm equally curious how the mechanics -- how this happens, because it doesn't seem like transparency in government. It doesn't seem like there's a rational time frame or a rational way in which for people just to express their views -- whether you agree or disagree with them -- their viewpoints. And if somebody could just explain to me where we are in the process, because I would actually like to pipe in on this, because I think other than us being Commissioners, I'm just curious. How does this work? What is the mechanics of getting this approved? Victoria Mendez (City Attorney): I have a timeline. Do you want me to say really quick the timeline? Chair Gort: My understanding is the -- it's got to be approved by Congress, and my understanding is discussion are not taking place with the -- with Congress, at all, or many other people that are going to be affected; many of the unions and workers that are going to be affected by some of this agreement. Now, my understanding, the union in the past had worked with the other free trade agreements, and they had come up with some very good ideas, which helped them come long. Yes, ma'am. Ms. Mendez: Basically, the timeline is as follows: The TPP is following what is referred to as "a fast track negotiating authority, " also called "a trade promotion authority, " and pursuant to the fast track, Congress can approve or disapprove, but cannot amend or filibuster. The first step is the President sends to Congress a notice of intent to sign the agreement. The notification kicks off a 90-day waiting period. Congress gets to spend the first 30 days of that time privately reviewing the documents and consulting with the Administration. Next comes the public phase. The full trade deal will be open for anyone to review for 60 days, allowing interest groups to City of Miami Page 37 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 provide feedback. The next step will be for the U.S. (United States) International Trade Commission to conduct a full economic review of the deal. The agency has up to 105 days to complete that work, but the process could take much less time. Once the implementing bill is introduced in the House and the Senate, Congress has a maximum of 90 days to approve or disapprove the trade deal, but can move much more quickly. And the agreement will go into effect pretty much -- it won't go into effect until mid or late next year. And my suggestion, also, is to advise -- this resolution to add, "also directing Congress to do the same, " basically, in this resolution that we have, because here, we're telling the South Florida Delegation to provide transparency in the process and all that, but also asking Congress in general to do the same, based on this timeline that I described, so I hope that answers your question somewhat. Commissioner Sarnoff So there is some element of debate, right? There is a time when the Congressmen get to get up there and explain, "I'm voting for this because, " or "I'm" -- there is -- I'm seeing from somebody saying, "There is no debate." Unidentified Speaker: Nope. Commissioner Sarnoff You want to --? Chair Gort: Come on up. Fred Frost: Thank you, Mr. Chairman. Commissioner Sarnoff I'm going to -- pull the microphone close to you. Mr. Frost: Thank you, everybody. Commissioner Sarnoff Might want to pull -- Chair Gort: Name and address. Mr. Frost: I've never been shy. Fred Frost, Communication Workers' Union ofAmerica,- brought a bunch of people here from faith -base, environment, you name it. This is a people issue; it's not a labor issue or nonunion issue; it's a people issue. Transparency, exactly what the attorney said. What fast track did was circumvent the debate on the congressional floor. You're not going to see members of Congress add amendments or deletions to an agreement that encompasses 720 million people; 40 percent of the world economy; that got a little blip in Monday's paper that it got passed in Atlanta last week; a little blip. Joe Fillman's ouster got front page news; 40 percent of the world economy got zero. So what we're -- we've been doing, we've been fighting this -- me, all these folks behind me -- have been fighting this for years to try to get some public attention. You are not the first body we've gone to. People in New York City approved a resolution like this; people in Seattle did. The Administration fought vehemently against that. President Obama; President Clinton during NAFTA, they all believed opening up borders is going to help build trade. We understand where we're at in Miami. We understand the port is a vehicle; the second biggest economic engine here. We're not against trade, we're not -- we understand globalization. We want fair trade. When President Obama was touting this trade deal to be labor friendly and environmental friendly, when asked, "How do you enforce that?" he couldn't answer. You have countries like Vietnam part of this deal. They pay their people 58 cents an hour. We're all grownups here. Where do you think the corporations are going to take those jobs; just like they did with Mexico, Commissioner Sarnoff? Then they went to China. After they go to Vietnam, they're going to go to Africa; let's not kid. They're already moving to Vietnam. Another country is Malaysia; child slavery. You talk about human rights violations; we open up diplomatic relations in Cuba. What about Malaysia? All we're asking is transparency. All these cameras everywhere, full disclosure, members of Congress that want to view -- there's 1,400 secret trade agreement that's been written for four years. Go in there; no City of Miami Page 38 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 notes allowed; no cell phones and no staff. That is not what this flag stands for. At the end of the day, let me just say this -- and I think there's a State Rep. over here somewhere; I saw him walk in -- in the last session of the State Legislature, under "patriotism," it said with the flag -- the American flag and the State flag -- from 2016 on, all State flags and the American flags in Florida have to be manufactured in this country. Some people clap at that; I'm dismayed at that; that the American flag is made in Taiwan or China. Are you kidding? So we've lost jobs over all these trade agreements; we've never raised a wage in these trade agreements; we're exploiting people. Multinational corporations needs to have checks and balances. This country is about transparency; open this for the people to hear about it, you to hear about it. We need your help. Pass this resolution, and let's focus on these members of Congress. Thank you. Chair Gort: Thank you. Mr. Frost: Any questions? I'm sorry I ramped -- I rambled. Chair Gort: That's all right. Commissioner Sarnoff How do they not have you up there to debate this? I don't get that. Mr. Frost: Bring it on. I would love to. Ms. Mendez: But at the end of the day, we're able to send this resolution; be able to ask for certain things, so that's why this resolution is important, as the Chairman has -- Chair Gort: Sure. Ms. Mendez: -- articulated. Chair Gort: I understand you have a speaker? Nicole N. Ewan (Assistant City Clerk): Yes, Chair. We have Seth Sklarey signed up. Seth Sklarey: I just want to say I'm in support of this resolution, but I would like to have you go a little further and say that you oppose it in its present form, rather than just saying that the public ought to have a right to participate in it. You know, take a stand, be strong. What you're saying is just very vague to me, that's all. Chair Gort: Thank you. Anyone else? Seeing none, hearing none -- did you sign up, sir? Go right ahead; you can sign up afterwards; just name and address. Steve Showen: My name is Steve Showen. I live at 2301 Northeast 6th Avenue, and I might not be familiar with the details of this resolution; I'd assumed it was about declaring Miami a TPP free zone. I might understand it's also about advising our Congressional Delegation, so in that regard, I'm all -- I think it's imperative that Miami join New York City, and L.A. (Los Angeles), and Seattle, and these other cities in opposing the trade deal. And as Fred has said, neither Congress nor the public has seen this, but it's been leaked that of the 29 draft chapters, only five are really about trade, and the rest are really about providing special incentives, rights, and privileges to multinational corporations to basically plunder at will, and allow them to drag governments into private corporate tribunals if their laws are deemed to interfere with future profit -making, for which the tribunals will be authorized to order taxpayer compensation to the foreign corporations. TPP amounts to a corporate takeover scheme and potential loss of sovereignty for our local, state and national governments. Having Congress surrender to corporate rule by approving the TPP trade deal has got to be unconstitutional, so I'm supporting condemning this crude attempt at corporate dominance, and declaring Miami a TPP rezone, and advising our Congressional Delegation, so thank you. City of Miami Page 39 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 RE.12 15-01263 Department of Capital Improvement Programs/Transportat ion Chair Gort: Thank you, sir. Is that it? No applauding; you applaud, then it takes time away, and we got a long agenda, okay? Close the public hearings. Any further discussion? All in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: As amended. Chair Gort: As amended, correct. Ms. Ewan: Thankyou, Chair. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE AUTHORIZED COMPENSATION LIMITS OF THREE (3) JOB ORDER CONTRACTS FOR THE MIAMI MARINE STADIUM RESTORATION PROJECT BY INCREASING THE ANNUAL MAXIMUM CAPACITY OF THE CONTRACT FOR HORIZONTAL RIGHT-OF-WAY CONSTRUCTION WITH METRO EXPRESS, INC. AND WITH HARBOUR CONSTRUCTION, INC. BY $2,000,000.00 EACH TO AN AMOUNT NOT TO EXCEED $6,000,000.00 EACH, AND INCREASING THE ANNUAL MAXIMUM CAPACITY OF THE CONTRACT FOR VERTICAL BUILDING CONSTRUCTION WITH HARBOUR CONSTRUCTION, INC., BY $3,000,000.00 TO AN AMOUNT NOT TO EXCEED $8,000,000.00, TO BE EXERCISED WITHIN THE FIRST ONE (1) YEAR OPTION TO EXTEND PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE CONTRACTS WITH METRO EXPRESS, INC. AND HARBOUR CONSTRUCTION, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE VARIOUS CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 15-01263 Summary Form.pdf 15-01263 Pre-Legislation.pdf 15-01263 Memo - Request for Increase.pdf 15-01263 Amendments - Metro Express.pdf 15-01263 Amendments - Harbour Const..pdf 15-01263 Legislation.pdf 15-01263 Exhibit - Metro Express.pdf 15-01263 Exhibit - Harbour Const..pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Carollo R-15-0435 Chair Gort: RE. 9. City of Miami Page 40 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Nicole N. Ewan (Assistant City Clerk): RE.9 was deferred to December 10, Chair. Chair Gort: Was deferred too, also, right. Okay. RE. 10 was -- Daniel J. Alfonso (City Manager): RE.10 was deferred. RE.11 was done, so we're at RE.12. Chair Gort: RE.12. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements & Transportation. RE.12 is a resolution increasing contract capacity to three JOC (Job Order Contract) contractors, in the amount of $2 million, for Harbour Construction for the horizontal contract; $2 million for Harbour Construction for their vertical contract -- I'm sorry; $3 million for Harbour for their vertical contract, and $2 million for Metro Express under their horizontal contracts. All three of these contract increase is related to the Miami Marine Stadium. We need the increased capacity to be able to complete the project. Chair Gort: Okay, thank you. Sorry; we don't have -- we lost quorum. Vice Chair Hardemon: Are we expecting Commissioner Carollo today? Chair Gort: I think so. Commissioner, we lost quorum. We got a quorum, okay. Mr. Rodriguez: Okay, Commissioners -- Chair Gort: Repeat again. Mr. Rodriguez: -- again, RE.12 is a resolution increasing contract capacity to three JOC contracts. One is in the amount of $2 million for Harbour Construction for the horizontal contract. The second one is in $3 million for Harbour Construction for the vertical contract, and the last one is in amount of $2 million for Metro Express for the horizontal contract. Chair Gort: Thank you. Any questions? Commissioner Suarez: Yeah, I have a question. I don't have a problem increasing the capacity for the JOC, for the contractors. My question is we're not increasing the cost, correct -- Mr. Rodriguez: That's -- Commissioner Suarez: -- of the project? Mr. Rodriguez: -- correct, Commissioner. Commissioner Suarez: Okay, 'cause -- Mr. Rodriguez: The budget for the project is already allocated and sended [sic] -- Commissioner Suarez: Okay. Mr. Rodriguez: -- which is increasing contract capacity to be able to use them. Commissioner Suarez: That's fine. I'll move it under that -- Chair Gort: Okay. Been moved -- Vice Chair Hardemon: Second. City of Miami Page 41 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: -- second. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.13 RESOLUTION 15-01092 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Management INTERLOCAL AGENCY AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF STREET PARKING D/B/A THE MIAMI PARKING AUTHORITY ("MPA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PARKING FACILITIES AGREEMENT ("PARKING AGREEMENT") BETWEEN THE CITY, MPA AND GROVE BAY INVESTMENT GROUP, LLC, IN SUBSTANTIALLY THE ATTACHED FORM, ASSIGNING THE OBLIGATION TO CONSTRUCT AND OPERATE A PARKING GARAGE ON A PORTION OF LAND LOCATED AT 3385 AND 3349 PAN AMERICAN DRIVE AND 3351 AND 3377 CHART HOUSE DRIVE, MIAMI, FLORI DA, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE PARKING AGREEMENT. 15-01092 Summary Form.pdf 15-01092 Legislation.pdf 15-01092 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be CONTINUED 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 RE.13 was continued to the November 19, 2015, Regular Commission Meeting. RE.14 RESOLUTION 15-01258 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Attorney SETTLEMENT AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE ("KEY BISCAYNE"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN LITIGATION BY KEY BISCAYNE INVOLVING THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. 15-01258 Memo - Office of the City Attorney.pdf 15-01258 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: RE.14. City of Miami Page 42 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Commissioner Sarnoff Which one is that? Victoria Mendez (City Attorney): RE.14, this was the proposed settlement with the Village of Key Biscayne. Commissioner Sarnoff Thank you, Mr. Chair. As the person that you appointed to do the negotiations with Key Biscayne, first, I want to take a very high -road approach. Thank the Mayor for being involved in seven days of mediation. That would be Mayor Pena. Thank their Council for being involved in those seven days of mediation. Although we had an agreement at the mediation, it appears we no longer have that agreement, but it may very well be that in the future, Key Biscayne and ourselves will either be forced to go into a further resolution process or they may wish to revisit their position. Having been upstairs and been a part of that, and my colleagues being very supportive of me and this document that came out of mediation, I want to thank you all for allowing me to do this. I think this is a draft agreement that could be something akin to future negotiations and maybe possibly future agreements, andl certainly would hold that open to them and, more or less, leave it at that, Mr. Chair. It was a very long, laborious mediation. We believed we had an agreement, and we wouldn't have presented that to you otherwise, but the future brings many different things, and it may bring future conservations and possibly even future acceptable terms. So we certainly leave that olive branch out to Key Biscayne, because we think this particular settlement agreement would have been a blueprint for future conversations about future opportunities between municipalities that share a beautiful peninsula that has some of the greatest water in Miami. Thank you. Chair Gort: Thank you, sir. RE.3. I mean -- I'm sorry -- First Reading 3. Ms. Mendez: FR.3. Chair Gort: FR.3. Ms. Mendez: The Museum Park Conservancy item. Nicole N. Ewan (Assistant City Clerk): Chair, I'm sorry. On RE. 14, are we withdrawing the item? Chair Gort: Yes. Ms. Ewan: Is it being deferred? Okay. Ms. Mendez: Yes, withdrawing. Ms. Ewan: I need a motion. Chair Gort: Withdrawn. Commissioner Sarnoff So move. Chair Gort: Motion to withdraw -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second. City of Miami Page 43 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. END OF RESOLUTIONS ATTORNEY -CLIENT SESSION 2:00 P.M. AC.1 ATTORNEY -CLIENT SESSION 15-01241 Office of the City UNDER THE PARAMETERS OF FLORIDA STATUTES §286.011(8) Attorney [2014]. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA09 PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO (WILLY) GORT, VICE-CHAIRMAN KEON HARDEMON, MARC DAVID SARNOFF, FRANK CAROLLO, AND FRANCIS SUAREZ; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND ASSISTANT CITY ATTORNEYS RAFAEL SUAREZ-RIVAS AND KERRI MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 15-01241 Memo - Office of the City Attorney.pdf 15-01241 Notice to the Public.pdf DISCUSSED Chair Gort: Madam Attorney, you may -- Victoria Mendez (City Attorney): Thank you, Chairman. On September 24, 2015, under the provisions of Section 286.011(8) Florida Statutes, I requested that this City Commission meet in private to discuss pending litigation in the case of Village of Key Biscayne versus City of Miami, Case Number 15-02997-CA-09, pending in Circuit Court for the Eleventh Judicial Circuit. The City Commission approved my request and will now at approximately 3:15 commence a private attorney/ client session under the parameters of Florida Statute Section 286.011(8). The private City of Miami Page 44 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 BC.1 15-01279 attorney/client session will conclude in approximately an hour; at which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which include Chairman Wifredo "Willy" Gort, Commissioners Keon Hardemon, Marc David Sarnoff, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; myself the City Attorney; Deputy City Attorneys John Greco and Barnaby Min; and Assistant City Attorneys Kerri McNulty and Rafael Suarez -Rivas. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion ofthe litigation. Thankyou. Nicole N. Ewan (Assistant City Clerk): The meeting stands in recess. Ms. Mendez: Thank you. Later... Ms. Mendez: Our session has ended, and now we'll resume our regularly scheduled meeting. Chair Gort: Thankyou, ma'am. END OF ATTORNEY -CLIENT SESSION BOARDS AND COMMITTEES RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. BC.2 14-00964 APPOINTEES: 15-01279 Arts CCMemo.pdf 15-01279 Arts Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Francis Suarez Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Riesco Commissioner Frank Carollo City of Miami Page 45 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 (BC.2) 14-00964a 14-00964 Audit CCMemo.pdf 14-00964 Audit 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-15-0436 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ignacio Abella Chair Wifredo (Willy) Gort Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0437 A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ignacio Abella as a member of the Audit Advisory Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ignacio Abella as a member of the Audit Advisory Committee. Chair Gort: Okay, board appointments. Todd B. Hannon (City Clerk): Good morning, Commissioners. Item BC.2, Audit Advisory Committee: Commissioner Carollo will be reappointing Jose Reisco. Commissioner Suarez: So moved. Chair Gort: Been moved. Is there a second? And second Any further discussion? Being none, all in favor, state it by saying aye. The Commission (Collectively): Aye. Later... Chair Gort: Now we go into the PZs (Planning & Zonings). Nicole N. Ewan (Assistant City Clerk): Chair, before you go to the PZs, if I can have a point of privilege. We do have a couple of board appointments that requires five five, and ifI can -- City of Miami Page -16 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 BC.3 15-01280 Office of the City Clerk Chair Gort: Yes. Ms. Ewan: -- have the Commissioners indulgence. Thank you. BC.2, Audit Advisory Committee. Chair Gort will be reappointing Ignacio Bello with a five five term waiver. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: It's been moved and -- Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-01280 Bayfront CCMemo.pdf 15-01280 Bayfront Current_Board_Members.pdf NO ACTION TAKEN BC.4 RESOLUTION 15-01281 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CHARTER REVIEW AND REFORM COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Stanley Krieger Chair Wifredo (Willy) Gort Richard Kuper Chair Wifredo (Willy) Gort James McQueen Vice Chair Keon Hardemon Alex Saiz Vice Chair Keon Hardemon Tucker Gibbs Commissioner Frank Carollo Luis Gazitua Commissioner Francis Suarez Michael Llorente Commissioner Francis Suarez Francis Suarez Commission At Large City of Miami Page 47 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 BC.5 15-01281 Charter Review CCMemo.pdf 15-01281 Charter Review 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-15-0428 A motion was made by Commissioner Suarez, seconded by Vice Chair Hardemon, and was passed unanimously, with Commissioner Carollo absent, to appoint Michael Llorente as a member of the Charter Review and Reform Committee, further waiving the residency requirements expressed in Resolution R-15-0116, Section 4(a)(1), by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Michael Llorente as a member of the Charter Review and Reform Committee. Todd B. Hannon (City Clerk): BC.4, Charter Review & Reform Committee: Chair Gort will be reappointing Stanley Krieger and Richard Kuper; Vice Chairman Hardemon will be reappointing James McQueen and Alex Saiz; Commissioner Suarez will be reappointing Luis Gazitua and Michael Llorente, with a four -fifths residency waiver; Commissioner Carollo will be reappointing Tucker Gibbs; Commissioner Suarez currently serves as the City Commission's appointee to the Charter Review & Reform Committee as a nonvoting member and chair of the committee and will need to be reappointed as well to continue serving in this capacity. Commissioner Suarez: So move for discussion. Vice Chair Hardemon: Second. Chair Gort: Been moved and second. Discussion. Commissioner Suarez: Just quickly that we're going to -- we're going to be asking the Commission to extend the time, because I think it has an expiration date and we're quickly approaching that date, and I think we're -- I'll give a report at that time, but we've handled a large part of the Charter. We have a few important provisions that still have not been discussed, but we're making a lot of progress, but we probably will need a little bit more time. Chair Gort: Okay. You want to do it today? That way, you have to come back and -- Mr. Hannon: We'll bring back legislation -- Chair Gort: We'll bring back -- Mr. Hannon: -- to extend, yes -- Chair Gort: -- for the extension of time. Mr. Hannon: -- the life of the Charter Review Committee. Chair Gort: Okay. All in favor, state it by saying Eye." The Commission (Collectively): Aye. RESOLUTION City of Miami Page 48 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 14-00967 Office ofthe 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: 14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN BC.6 RESOLUTION 15-00412 NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel 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 15-00412 CEB Resume.pdf NO ACTION TAKEN BC.7 RESOLUTION 15-01095 NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 49 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Victoria Cervantes Chair Wifredo (Willy) Gort 15-01095 CRB CCMemo.pdf 15-01095 CRB Current_Board_Members.pdf 15-01095 CRB Memo and Resumes.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0429 A motion was made by Commissioner Sarnoff, seconded by Vice Chair Hardemon, and was passed unanimously, with Commissioner Carollo absent, to appoint Victoria Cervantes as a member of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Victoria Cervantes as a member of the Community Relations Board. Todd B. Hannon (City Clerk): BC.7, Community Relations Board: Chair Gort will be reappointing Victoria Cervantes with a four fifths attendance waiver. Commissioner Sarnoff. So move. Vice Chair Hardemon: Second. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.8 RESOLUTION 15-01282 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo City of Miami Page 50 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 15-01282 CSWCCMemo.pdf NO ACTION TAKEN BC.9 RESOLUTION 15-01097 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. (BC.9) 15-01097a APPOINTEES: NOMINATED BY: Alicia Cervera Lamadrid DDA Board of Directors (Term: 9/1/2015 through 8/31/2019) Richard Lydecker DDA Board of Directors (Term: 9/1/2015 through 8/31/2019) John Guitar DDA Board of Directors (Unexpired Term: 10/9/2015 through 8/31/2016) 15-01097 DDACCMemo.pdf 15-01097 DDA Current_Board_Members.pdf 15-01097 DDA Resolution.pdf 15-01097 DDA Resumes.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0438 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jerome Hollo (Term: 9/1/2015 through 8/31/2019) Nitin Motwani (Term: 9/1/2015 through 8/31/2019) NOMINATED BY: DDA Board of Directors DDA Board of Directors City of Miami Page 51 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0439 A motion was made by Commissioner Sarnoff, seconded by Commissioner Carollo, and was passed unanimously, to appoint Jerome Hollo and Nitin Motwani as members of the Downtown Development Authority; further waiving the term limits of Section 14-52(c) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Jerome Hollo and Nitin Motwani as members of the Downtown Development Authority. Todd B. Hannon (City Clerk): BC.9, Downtown Development Authority. The Downtown Development Authority is requesting that the City Commission confirm the following appointees: Alicia Cervera Lamadrid, Richard Lydecker, and John Guitar. Chair Gort: Moved by Commissioner Sarnoff; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying ifye. The Commission (Collectively): Aye. Later... Nicole N. Ewan (Assistant City Clerk): BC.9, Downtown Development Authority. Commission -- the Commission has for its consideration reappointment of Jerome Hollo with a five five term waiver, and Nitin Motwani with a five -five term waiver. Commissioner Sarnoff. So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Sarnoff; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. 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. APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City of Miami Page 52 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 NO ACTION TAKEN BC.11 RESOLUTION 15-00415 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. (BC.11) 15-00415a APPOINTEE: NOMINATED BY: Corey Taylor AFSCME 871 15-00415 EOAB CCMemo.pdf 15-00415 EOAB Current_Board_Members.pdf 15-00415 EOAB Resume.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-15-0446 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Miriam Urra Chair Wifredo (Willy) Gort Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0447 A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board, further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miriam Urra as a member of the Equal Opportunity Advisory Board. A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Miriam Urra as a member of the Equal Opportunity Advisory Board, further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the City of Miami Page 53 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 members of the City Commission, as it relates to Miriam Urra as a member of the Equal Opportunity Advisory Board. Todd B. Hannon (City Clerk): BC.11, Equal Opportunity Advisory Board. AFSCME (American Federal, State, County, and Municipal Employees) 871 will be reappointing Corey Taylor. Chair Gort: Motion. Commissioner Sarnoff So move. Commissioner Suarez: Second. Chair Gort: By Commissioner Sarnoff second by Commissioner Suarez. Vice Chair Hardemon: I have a question. Chair Gort: Yes. Vice Chair Hardemon: I don't think we have any -- that name -- Corey Taylor. Can we pass this for a moment -- just for a moment before we --? Chair Gort: Yes. Vice Chair Hardemon: Okay, so is it -- can we withdraw the motion for now? Commissioner Suarez: Yeah. Chair Gort: At the request of -- the maker of the motion takes the motion and we table it. Commissioner Suarez: Did I make a motion? Mr. Hannon: It was -- you had Commissioner Sarnoff, so yes. You want to withdraw the motion, you can table the item. Chair Gort: Yes. Commissioner Sarnoff What am 'withdrawing? Just kidding. Commissioner Suarez: BC.11. Chair Gort: Under the appointments. Commissioner Sarnoff I'll withdraw. Later... Chair Gort: Anything else? Vice Chair Hardemon: Well, before we move on to the PZ (Planning and Zoning) items, can we refer back to the board appointments -- Chair Gort: Yes. Vice Chair Hardemon: -- to appoint Mr. Corey Taylor? City of Miami Page 54 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Ms. Ewan: To the Equal Opportunity -- Chair Gort: Board appointment on which one? Vice Chair Hardemon: I believe it -- I can't remember. It was the Equal Opportunity Advisory Board, I believe. Ms. Ewan: Yes. Vice Chair Hardemon: To appoint Mr. Corey Taylor, and I'll move it, and there's a -- Chair Gort: Equal Opportunity: Moved by Vice Chairman Hardemon. Is there a second? By -- Commissioner Suarez: Second. Chair Gort: -- Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Later... Nicole Ewan (Assistant City Clerk): BC.11, Equal Opportunity Advisory Board. Chair Gort will be reappointing Miriam Urra with a four fifth attendance waiver and a five five term waiver. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.12 RESOLUTION 15-01283 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. BC.13 15-01284 Office of the City Clerk APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-01283 Finance CCMemo.pdf 15-01283 Finance Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND City of Miami Page 55 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Vice Chair Keon Hardemon (Landscape Architect - Category 2) 15-01284 HEP CCMemo.pdf 15-01284 HEP Current_Board_Members.pdf 15-01284 HEP Application.pdf 15-01284 HEP Application Summary.pdf NO ACTION TAKEN BC.14 RESOLUTION 15-01285 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: 15-01285 MIC CCMemo.pdf 15-01285 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 15-00586 NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eli Feinberg Chair Wifredo (Willy) Gort 15-00586 MSEACCMemo.pdf 15-00586 MSEA Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City of Miami Page 56 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 R-15-0430 A motion was made by Commissioner Carollo, seconded by Vice Chair Hardemon, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Miami Sports and Exhibition Authority. Nicole N. Ewan (Assistant City Clerk): BC.15, Miami Sports & Exhibition Authority. Chair Gort will be reappointing Eli Feinberg with a five five term waiver. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo. Is there a second? Commissioner Sarnoff? Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none -- Commissioner Sarnoff? Hey, good (UNINTELLIGIBLE). Chair Gort: -- all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. BC.16 RESOLUTION 15-01286 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING Clerk EDDUARD PRINCE AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD. 15-01286 OAB CCMemo.pdf 15-01286 OAB Current_Board_Members.pdf 15-01286 OAB Letter and Memo.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 Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Todd B. Hannon (City Clerk): Moving on to BC.16. BC.16 is a resolution of the Miami City City of Miami Page 57 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Commission removing Edward Prince as a member of the Overtown Advisory Board/Overtown Community Oversight Board. Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff Second. Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." Later... Nicole N. Ewan (Assistant City Clerk): BC. 16, Overtown Advisory Board. Vice Chairman Hardemon would like to reconsider the vote taken early on BC.16. Commissioner Carollo: So moved. Vice Chair Hardemon: That is correct. Commissioner Sarnoff Second Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner -- Ms. Ewan: That's a -- Chair Gort: -- Sarnoff All in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Hardemon: I apologize for -- I had -- I didn't have all the information I needed, so at this point, I'd like to withdraw my initial motion. Will the -- the way the Clerk would like me to say it is withdraw the appointment. Ms. Ewan: Correct. That's a motion to withdraw the appointment that was made earlier on. Vice Chair Hardemon: Correct. Ms. Ewan: Do I have a second on the withdrawal? Vice Chair Hardemon: Or the removal of the -- Ms. Ewan: Correct. Chair Gort: Second? Commissioner Sarnoff Second. Sorry. I thought -- Chair Gort: By Commissioner -- do we have it? Vice Chair Hardemon: That's it. That's it, yeah. City of Miami Page 58 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: We passed it. (UNINTELLIGIBLE) -- Vice Chair Hardemon: Yeah. (UNINTELLIGIBLE). Chair Gort: -- He was talking about his previous -- Commissioner Carollo: Right. Chair Gort: -- motion. Ms. Ewan: Right. That's 5-0. Thank you. BC.17 RESOLUTION 15-00420 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 15-00420 PRAB CCMemo.pdf 15-00420 PRAB Current_Board_Members.pdf NO ACTION TAKEN BC.18 RESOLUTION 15-01287 Office of the 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: Adam J. Gersten Vice Chair Keon Hardemon 15-01287 PZAB CCMemo.pdf 15-01287 PZAB Current_Board_Members.pdf 15-01287 PZAB Applications.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-15-0431 Todd B. Hannon (City Clerk): BC.18, Planning Zoning & Appeals Board. Vice Chair Hardemon will be appointing Adam Gersten. Vice Chair Hardemon: So move. City of Miami Page 59 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Been moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second -- Commissioner Sarnoff. Very interesting appointment. Chair Gort: -- by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. BC.19 RESOLUTION 15-00588 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jesus Permuy Chair Wifredo (Willy) Gort 15-00588 UDRB CCMemo.pdf 15-00588 UDRB Current_Board_Members.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-15-0432 A motion was made by Commissioner Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Carollo absent, to appoint Jesus Permuy as a member of the Urban Development Review Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Jesus Permuy as a member of the Urban Development Review Board. Todd B. Hannon (City Clerk): BC.19, Urban Development Review Board. Chair Gort will be reappointing Jesus Permuy with a four fifths attendance waiver. Commissioner Sarnoff. So moved. Chair Gort: Been moved by Commissioner Sarnoff, seconded by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying aye." Commissioner Suarez: Yeah, yeah. Mr. Hannon: Thank you. City of Miami Page 60 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 BC.20 15-01101 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.21 15-01288 Office of the City Clerk APPOINTEES: NOMINATED BY: Maud Newbold Chair Wifredo (Willy) Gort Gustavo Godoy Commissioner Frank Carollo 15-01101 VKBPT CCMemo.pdf 15-01101 VKBPT Current_Board_Members.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0433 A motion was made by Commissioner Carollo, seconded by Vice Chair Hardemon, and was passed unanimously, to appoint Maud Newbold and Gustavo Godoy as members of the Virginia Key Beach Park Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Maud Newbold and Gustavo Godoy as members of the Virginia Key Beach Park Trust. Nicole N. Ewan (Assistant City Clerk): BC. 20, Virginia Key Beach Park Trust. Chair Gort will be reappointing Maud Newbold with a five five term waiver, and Commissioner Carollo will be reappointing Gustavo Gadoy with a five five term waiver. Commissioner Carollo: Move it. Vice Chair Hardemon: Second. Chair Gort: Been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORATERMAS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 61 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 DI.1 15-00726 City Commission Stuart Sorg Chair Wifredo (Willy) Gort 15-01288 WAB CCMemo.pdf 15-01288 WAB Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0434 A motion was made by Commissioner Sarnoff, seconded by Vice Chair Hardemon, and was passed unanimously, to appoint Stuart Sorg as a member of the Waterfront Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Stuart Sorg as a member of the Waterfront Advisory Board. Nicole N. Ewan (Assistant City Clerk): BC.21, Waterfront Advisory Board. Chair Gort will be reappointing Stuart Sorg with a five -five term waiver. Commissioner Sarnoff So moved. Vice Chair Hardemon: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying fiye. " The Commission (Collectively): Aye. Ms. Ewan: Thank you, Chair. Chair Gort: Thank you. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 15-00726-Submittal-City Manager -Police Department Hiring and Staffing Update.pdf DISCUSSED Chair Gort: RE.13. Daniel J. Alfonso (City Manager): No, that was deferred; 14 is this afternoon. We're into the BC (Boards and Committees) items. Commissioner Suarez: Is there discussion item? Mr. Alfonso: Yes, there are discussion items. I don't know if we want to do the BC appointments first or -- City of Miami Page 62 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Todd B. Hannon (City Clerk): It'd be great if we could get one more Commissioner. I think Commissioner Sarnoff is on his way to the dais, so maybe, if you want to move to a discussion item real quick. Mr. Alfonso: Okay, we can move to discussion items. The first of the discussion items is the status of hiring police officers. Chief. Chief Rodolfo Llanes: Good morning, Commissioners. Rodolfo Llanes, Chief of Police. We have five officers hired since the last Commission meeting; 128 hired so far this date -- to date. Our new budgeted vacancies are up to 113. I'll entertain any questions that you may have. Commissioner Sarnoff Chief you and I met, and I promised you that I would redo or at least revisit with you the PowerPoint presentation -- ChiefLlanes: Yes, sir. Commissioner Sarnoff -- that you felt to be inaccurate. I just want you to know, it's not as simple a process as you might think, because I think you know, to get the accurate numbers. Chief Llanes: Simple for me. Commissioner Sarnoff Not so sure, really, because I'm speaking to the chiefs of all those various departments, and they promised me before I leave, I will have the actual numbers, and then I will correct whatever it is I said incorrectly, if, in fact, it turns out to be incorrectly. I don't want you to think -- and I want to say this publicly to you, because privately -- what do they say? Praise in public and beat the hell out of each other in private, right? You and I kind of do it both ways, so -- but I do want to praise you. You're doing a good job hiring, but I also want to say to you that I will correct on the record anything that was incorrectly stated. It was not said with intent to be incorrect. I think you sort of agree with that. But I want to get the accurate information. It just isn't coming as quickly as I'd like it to be. Chief Llanes: No problem, sir. Commissioner Sarnoff Okay. Chair Gort: Okay. Chief Llanes: Thank you. DI.2 DISCUSSION ITEM 15-01022 City Manager's Office DISCUSSION REGARDING THE CITY OF MIAMI'S PROPOSED 2015 STRATEGIC PLAN UPDATE. 15-01022 Summary Form.pdf 15-01022 Strategic Plan.pdf DI.3 15-01038 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 DISCUSSION ITEM City of Miami Page 63 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 District 4- Commissioner Francis Suarez (DI.3) 15-01038a DISCUSSION REGARDING IMPACT FEES AND INCLUSION OF MOBILITY AND TRANSPORTATION AS FEE CATEGORY. 15-01038 E-Mail - Discussion Item.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTES TO ADD TRANSPORTATION AS ONE OF THE ALLOWABLE EXPENDITURE CATEGORIES FOR IMPACT FEES; DIRECTING THE CITY CLERK TO TRANSMITACOPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 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-15-0455 Chair Gort: Okay, we can go back to the regular agenda. Do we have anything else? Daniel J. Alfonso (City Manager): I think the BC (Board and Committees) items. Now we have Commissioner Suarez: Mr. Chair, I think we had one that skipped over when I went to the restroom, which was a discussion on impact fees and inclusion and mobility. This is an item that I brought up a couple of Commission meetings ago, and I think Commissioner Carollo brought up at the last Commission meeting. I thought his was going to take on something of a "Where can you spend the impact fees?" But one of the things I sort of want to undiscuss [sic], and I'm going to be promoting by and through, hopefully, the presidency of the League of Cities next year -- and State Representative Jose Felix Diaz was in the audience earlier today -- is making -- and this goes to sort of your point on the workforce housing, so I kind of want to hear your perspective. I think we should have -- transportation should be one of the eligible uses of expenditures in impact fees. In other words, if you build a building, one of the biggest impacts you have is on traffic. Chair Gort: Traffic. Commissioner Suarez: So I'm going to be urging the Legislature, and I'd like a resolution in support from this Commission urging the Legislature to add transportation as one of the eligible expenditure categories of impact fees, and that's my motion. Commissioner Sarnoff. Second. Chair Gort: There's a motion and a second. Any further discussion? Commissioner Sarnoff. No. I -- you know, it's funny, as you -- been up here nine years, and it's funny to watch the evolution of what's the issue of the day. I would suggest to you the issue of the day is still somewhat police or the perception of safety, but certainly the topic of conversation for the past six months has been traffic. Andl think Francisco Garcia made a very interesting statement to me yesterday in the hall in passing, and he goes, "Commissioner, we're giving birth, City of Miami Page 64 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 and the birthing process is never pretty." And he's suggesting we're becoming a vertical city, but that gives us great opportunities, as well. So when you have density and when you have some intensity, you have a great opportunity to be able to transit your way -- mass transit your way out of things. So I think you're dead right. I think what was once the main issue is this -- you're seeing the new main issue. Commissioner Suarez: Yep. Commissioner Sarnoff And I think we -- you said it best, I think, at MPO (Metropolitan Planning Organization). The place that is prepared and ready and willing to create an opportunity will be the first one served at the table, and I think that's what you're trying to do. Commissioner Suarez: Yep, that's absolutely right. Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Alfonso: That was a discussion item, so I imagine the direction that we're getting is to study and bring back some recommendation. Commissioner Suarez: We passed a resolution in favor of adding it as a category, because I have to go now through the League of Cities as president of the League of cities -- Mr. Alfonso: Got it. Commissioner Suarez: -- the State Legislature to try to -- but it's a statement of policy from this government so that we can take that with us. Chair Gort: See, he's got a bigger responsibility right now. He's going to represent 37 cities, so Commissioner Suarez: And do what you did. You were the president as well, so I'm following your footsteps, Mr. Chair. Commissioner Suarez: You're going to be president? Commissioner Suarez: President of the League of Cities. Commissioner Suarez: I didn't know that. Congratulations. Commissioner Suarez: Yeah. It's pretty cool. Chair Gort: When is the banquet? Commissioner Suarez: What's that? Chair Gort: When is the --? Commissioner Suarez: February, next February. Chair Gort: February. Commissioner Suarez: Yeah. City of Miami Page 65 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Sarnoff. When is the inauguration? Commissioner Suarez: Next February. Like for you to be there. Commissioner Sarnoff Yeah, I'll be a private citizen complaining. Commissioner Suarez: Perfect. Chair Gort: Okay. Commissioner Suarez: That's great. DI.4 DISCUSSION ITEM 15-01243 District 1 - Commissioner Wifredo (Willy) Gort DISCUSSION REGARDING SIGNAGE PROCESS. 15-01243 E-Mail - Discussion Item.pdf 15-01243-Submittal-Code Compliance Director Eli Gutierrez-Flagler and 8th Street Signs PresentE DISCUSSED ToddB. Hannon (City Clerk): If you wouldn't mind, maybe one more discussion item. Commissioner Suarez should be right back. Chair Gort: Strategic plan. Daniel J. Alfonso (City Manager): Okay. Chair Gort: Strategic plan. Mr. Alfonso: The strategic plan was withdrawn, sir. The next item would be the discussion regarding the impact fees and inclusionary mobility and transportation as fee categories, and the Commissioner that's brought it is not here, so perhaps, Commissioner, you want to do the discussion regarding the signage process? Chair Gort: Yes. I think Miami 21 something we approved and something we going to look forward to -- changes are going to be made for the City of Miami. Unfortunately, one of the biggest problem that we have, I would say about 90 percent of the properties within the City of Miami in noncompliance. Right now, a lot of the problems that I'm getting -- I don't know if you all get it -- for example, I have a gentleman that bought a -- four apartment building. The previous owner did not have a CU (Certificate of Use), so when the man went to pull the CU, they told him, "You can't pull a CU because that has to be a duplex. " In other words, he's got to knock this building down and build a duplex according to Miami 21. The other thing that we have, we have certain neighborhoods that have their own (UNINTELLIGIBLE) -- for example, we created Latin Quarters. The Latin Quarter was created with the idea of create a tourist attraction about the Little Havana, so there's a lot of things that takes place in Latin Quarter that was approved by previous Commission in the past. We have the -- in my district, Northwest 36th Street was very well-known for car sales in open lot; 27th Avenue was one of them; 22ndAvenue, the same thing. Now, a lot of the complaints that I get from a lot of these vendors, the car sales people, is one of the things, they have to call their attention to the cars and so on, is the little flags in the windows. Now, Miami 21 is not considered, so inspectors are going after all these people; they've been doing it for years. All of a sudden now, we come and say, "You're going to be fined," and they're fined automatically. I think we need to find a solution. I think Miami 21 is a good instrument. I think we need to implement it, but at the same time, we got to consider City of Miami Page 66 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 what's in existence and how we do it. Mr. Alfonso: Yeah. Mr. Chairman, I will say that our Code Enforcement Department, as you know, obviously, enforces the Code that currently exists in the City of Miami. If we feel that there are signage issues that we would like to address and change in any way, we're certainly open to having those discussions. I think there's another discussion later today with Commissioner Suarez that talks about the status on Flagler and 8th Street, and we wanted to hand out to all the elected officials a booklet that we have prepared for the business owners and residents that sort of gives some examples of some of the things that we are trying to make better. And our Code Enforcement director has also prepared a presentation that he was going to make during the present -- the item for Commissioner Suarez, but again, if its the will of the Commission to change the Code of the City of Miami in terms of what we should enforce, we're more than willing to do so, sir. Victoria Mendez (City Attorney): And Chairman -- Chair Gort: My understanding is, we -- I understand Miami 21 is going to require a lot of changes. If you have a building coming down, you're going to build another one, you're going to comply with Miami 21, but apply it to existing building is very difficult. You're not going to ask a gentleman that he just bought a building with four apartments to knock it down and build a duplex, and he cannot get a CU. Let me give you another example. We have schools, Saint Michael's. It's a school. My understanding is they cannot get a CU and -- because it's not permitted, schools within the church under Miami 21. They have a daycare center which, if they don't have a CU within two weeks, the County take the license away, and so you're closing a business. Yes. Ms. Mendez: We -- and Chairman, I'm happy to set up a meeting with you next week to discuss possible options on this CU issue. With regard to Saint Michael's, we are working on a solution on that just administratively first to allow them time to do what they need to do and come into compliance, but we understand your concerns, and they're on a global framework that you -- this Commission might have to make a policy decision on how to address some of those things, so I will set up a meeting with you next week just, legally, to tell you the parameters and then you -- you know, you may want to bring an item to discuss some of those things globally. Chair Gort: I would love to, but somehow, some of those issues that come up, as it has come up in the past, how many amendments have we have made to Miami 21? And I'm all in agreement; Miami 21 as it comes to compliance. When the building goes down, they go up; they have to go according to Miami 21. We've done that already in my neighborhood, okay? Thank you. Any other items? Mr. Alfonso: I think there's a member of the public that wants -- Chair Gort: Yes, ma'am. Brenda Betancourt: Yes. My name is Brenda Betancourt. I'm the president -- the new president for the Chamber of Commerce of 8th Street. I'm concerned about the signage in reference of we need to clean up our business. We have talked to most of our members, and some of them, like Majore, has agree that there are some businesses that are over signage the property, and if we want the rest of the tourist that are coming -- the people that live in Miami -- to come to Little Havana and actually be able to embrace those business, we need to clean up. So, in order for me -- dealership, the people in Coral Gables, Pine Crest, they don't need to have some signage to sell, so if they have the good cars and they have their reputation, they will sell their business -- their cars, so that's why I don't agree to have more signage, flags. This is not a flea market. We need to -- you know, details our businesses so we can improve the people who come to our area. Thank you. City of Miami Page 67 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 PZ.1 15-01028ww Chair Gort: Thank you. END OF DISCUSSION ITEMS PART B: PLANNING AND ZONING ITEMS Chair Gort: PZ (Planning & Zoning). Victoria Mendez (City Attorney): Thank you, Chairman. I'll read the procedures to be used for the meeting. Chair Gort: Yes, ma'am. Ms. Mendez: PZ items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute Section 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the public wishes to speak on the item, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have, and the public may speak as stated before. The order of presentation shall be as described in the City Code and Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to their requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda items will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Thank you, ma'am. Nicole N. Ewan (Assistant City Clerk): Anyone speaking on today's plan Planning & Zoning items, ifI can please have you stand and raise your right hand. The Assistant City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Ewan: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FI NDINGS AND APPROVING ELIMINATING PUBLIC ACCESS TO A PORTION OF BAYWALK WITHIN THE MIAMI BAY CLUB PROJECT TO BE LOCATED AT APPROXIMATELY 601 NORTHEAST 39 STREET, MIAMI, FLORIDA. City of Miami Page 68 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 15-01028ww Fact Sheet.pdf 15-01028ww Analysis.pdf 15-01028ww Application & Supporting Docs.pdf 15-01028ww Legislation (v1).pdf 15-01028ww Exhibit.pdf 15-01028ww-Submittal-Iris Escarra-Support Letters.pdf LOCATION: 601 NE 39 Street, Miami, Florida [Commissioner Marc D. Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Bay Trust, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow the elimination of public access to a portion of baywalk within the Miami Bay Club project. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-15-0456 Chair Gort: Yes, ma'am. Francisco. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Item PZ.1 is before you as a resolution. This pertains to a waterfront waiver for a property at 601 Northeast 39th Street. The request is to waive what would otherwise be required, which is a bayfront walk, which is required throughout the bayfront in the City of Miami. And I will very concisely go over the reasons, and I know the applicant will want to make a presentation. This parcel of land happens to be just south of Bay Point, which, as you know, is a walled -in and gated community, and therefore, the implementation of the baywalk would actually be a dead end onto the Bay Point wall, and it -- on the other side, on the south, it happens to be bounded by Albert Pallot Park. The result of implementing the baywalk would actually be to either require it to have a dead end condition or to have a condition whereby there is access to the baywalk from the street and then access back to the street from the baywalk at the end of the property, which is frankly not efficient. Now, you will see on the record that our recommendation is for denial. I'd like to explain a couple of facts pertaining to that. We are aware that there is significant support for this application from the neighboring property owners, and we are certainly sympathetic to that. We do, however, want to stress that there is a requirement in the City Code that mandates that a baywalk be implemented all along the bay, and although we are cognizant of the fact that there are particular circumstances about this application that merit consideration, we don't want to establish a precedent whereby a recommendation of approval is made for the complete abolishment of the baywalk. With that said, I'm happy to answer any questions and defer to you on your action today. Chair Gort: Thank you, sir. Yes, ma'am. Iris Escarra: Good afternoon, everyone, Chairman. Iris Escarra and Lucia Dougherty on behalf of Joe Milton & Associates. I'm joined this afternoon by Joe Milton and Ann Castaneda, our architect. Currently, under Miami 21, the property is zoned T4-R. Under T4-R, we are not required to put in a baywalk. The reason y we were required to put in a baywalk is because currently, the project that is under construction was approved under Zoning Ordinance 11000. City of Miami Page 69 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 So under Zoning Ordinance 11,000 and our zoning at the time, it included the baywalk, which is not only in the Charter, but it's also in the City Code. Currently, in the City Code, T3 and T4-Rs are not required to be put in a baywalk. So if we were coming in today for a new permit, it wouldn't be a requirement. However, we're here because our entitlements are under the old Code. Secondly, we wanted to explain some of the photos that I distributed here is showing the connection points at these bridges. We're located in a very unique section of the City where we have natural barriers. We have a single-family residential community that is not going anywhere, and we'll never have to provide the baywalk. To the south, we already have a park, which, as you may recall, we were here a few months ago and proffered several improvements to this park, so we are going to be improving this park and making it as part of the City's Public Benefit Program improvements. When you get to the highway here, there is no ability to be able to cross over and connect to this park or cross over and connect to this park or cross over and connect to this park. There is no pedestrian access; it is completely disconnected from the abutting. In the packets that we distributed, we distributed a police report, and the reason why we have neighbors in support of this is because there's a security concern in the area about creating an area along the bay here, which is at a different elevation than the park where people could potentially hang out. So it's a security concern to be able to have this. There's been 92 incidences in the last year and a half in this area. I would like to introduce into the record, which I handed out, a letter of support from Mr. Geoffrey Bash; a letter of support from Corona Bay Association -- Corona Bay Association is this project over here, right across the street; a letter of support from Mr. Gamas, who's a resident right across the street; and a letter of support from Dr. Apfel, who's a Bay Point resident. With that said, our team is here to answer any questions. We can walk you through the improvements that are being done; answer any questions of the board. Chair Gort: Thank you, ma'am. This is a public hearing. Is anyone in the public would like to address this one issue? Anyone in the public? Peter Ehrlich: Yes. Chair Gort: Okay, sir, you're recognized. Mr. Ehrlich: Good afternoon. Peter Ehrlich, 720 Northeast 69th Street. I'm here in opposition to this request to close the baywalk, and I'm supporting the recommendation of denial from the Planning staff I think it's a terrible precedent for any property owner to request closing either a riverwalk or a baywalk. This baywalk was promised by the developer in their initial approvals. If you look through your agenda package, you'll see in the attachments that they promised as a condition of their approval to put in this baywalk. And regarding the issue of crime, I live adjacent to a park a little bit north on 69th Street, and I'm not aware of any people that climb over a fence or try to go from the park into the private properties. I think that's just, you know, a fake reason to ask for this -- for ask -- to have this baywalk closed. I think you should keep it open, open for the public, and it's a terrible precedent to close it. Thank you very much. Chair Gort: Thank you, sir. Next. Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6 Street. I'm against this request from the developer. As he stated, you know, they were already approved, the project, because they were going to do the walk. Even though they say there is a lot of crime, I guess when they have the project finished, it will have light, it will have a lot of other things. The same way that we ask for the developers that are in the river to improve the area, I think that's the same way we should do this as the Planning & Zoning says and improve this area as well. Thank you. Chair Gort: Thank you, ma'am. Next. Miguel Soliman: Good afternoon, Commissioners, Chair. I'm opposed to this request to City of Miami Page70 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 eliminate the boardwalk, because as we're all saying, it's -- it would set a precedent, and they are -- I feel they're getting a little greedy, because they're -- under the old Code, they can get a lot more than they would be able to get with the new Code, and they should just be thankful that they're allowed to be building this project under the old Code, and still, they want more. We're trying to set a standard here on our river, and I think that should be respected. Thank you very much. Miguel Soliman. Chair Gort: Thank you. Commissioner Suarez: Address, address. Chair Gort: Yes, ma'am. Okay. Anyone else? Seeing none, hearing none, close the public hearings. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff I'd like to make a resolution to approve it and make a couple of comments. First off, generally speaking, we should always try to increase our baywalk, our riverwalks. However, in this particular circumstance, if you look at the handout, and you look at how this is all broken up between Pallot Park, between Sterns Park, there will never be access under any scenario we can ever paint. I've spoken with the folks at Bay Point. They're vehemently opposed to this. A little known fact is, I was the guy that required the barb wire to come off the Bay Point wall, and when I did that, immediately, crime occurred. I don't think Bay Point knew it was me, but I'm swearing and taking the point that I was the one that asked that it occur. Once the barb wire was put back on, the crime stopped. I generally think, in the downtown area, in places where we can, we should absolutely have these walks, but once you get to a place like Bay Point, which is never going to change. That is a community that's been established for years and years and years, they go directly into the water. As a matter of fact, that's something you all will be addressing in the next coming years, especially you with your climate change committee, because they have a major climate change issue up there. I think they get to say what occurs abutting them, and I think you're seeing that the people that actually live right there understand what is going on right there, and I think the park itself will be a very helpful site to make up for what is going to be something that would not, I think, enhance and improve this neighborhood. So I'll make that motion, Mr. Chair. Commissioner Suarez: Second for discussion. Chair Gort: It's been a motion by Commissioner Sarnoff second by Commissioner Suarez. Commissioner Suarez: Thank you. Chair Gort: You're recognized. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I agree; this is a very unique circumstance where you have a park abutting on one end, on the south side, and you have a neighborhood on the north side, and so it's clear that, you know, the neighbors are the ones that probably do not want to see this, for safety purposes. It's just -- it's a very unique set of circumstances. I would otherwise not be favorable to an application of this kind, but because of these circumstances, I think it's unique and different, so I support the district Commissioner. Chair Gort: Okay, any further discussion? Vice Chair Hardemon: I just have one question. What are the options for that neighborhood, the City of Miami Page71 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 one that you're building right now? What are the options that they have for that part of what will be or what could be or supposed to be the baywalk? Do you -- right, for that use of that land. I mean, what's the real option that they have of developing that site? What are you going to do with it? Ms. Escarra: Here? Vice Chair Hardemon: Yes. Ms. Escarra: All we're going to be doing is -- it's landscape improvements that are going to be going all the way to the baywalk. Rather than -- what happens is, is our building is set back 50 feet so it complies with the waterfront setback of the 50. Typically, within that 50 feet, you have 25, which is the access point, and 25 which is private. Of the 25 which has the access point, they're a different zone. There's the safety zone, landscape, a walkway. There's usually a walkway anywhere from 9 to 12 feet of access, and that's what we're closing off. So within that space, all we're going to be is extending the landscaping and so forth to not allow for access in that space. Vice Chair Hardemon: So you'll have -- the residents who live there, they will be able to enjoy the bay in that place? Ms. Escarra: Correct. Chair Gort: But they have the park next door. Ms. Escarra: Correct. They have the park right here. And what happens is, is also between here and here, there's an elevation change of three feet in connection with these points here, which is also one of the issues why this would be very difficult to be able -- for anybody in the park to be able to actually connect there. Vice Chair Hardemon: I mean, I must say that I'm one of those people that believes that you want to keep as much public access to our waterways as possible. When you start to privatize your waterways, where we have not in the past, you find yourself in a position where those who have not would not have access, and those who have will always have access. So this is a touchy one, but I will admit to the uniqueness in its positioning by the park, and that three-foot, I guess, change in height. You have a better picture for us, so I can see it? Ms. Escarra: I can show you. The park, unfortunately, is at a much lower elevation, and here we're required to fill. So this here, we'd either have to ramp or -- you can't really lower this piece; we'd have to ramp up into the park and create kind of like an elevation, which wouldn't be Vice Chair Hardemon: So engineering wise, you would have to ramp. That is a factual statement? Ms. Escarra: Correct. To be -- if we were required to make this correction, it would create a ramp situation. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Wait a minute. Are you finished? Vice Chair Hardemon: I'm finished. Chair Gort: You're recognized. City of Miami Page72 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Suarez: Yeah. This reminds me of 25th Road. My dad lives on 25th Road. So, on 25th Road, there's sort of a little park at the end, and if you go to the right or to the left, there's two condo buildings, and so the park gives you access to the water, but you don't have access to the water where the actual condos are. It's a very normal -- I think that's sort of -- I think the good planning principle is to open up the waterfront to access, but in this particular unique case, I don't think it works. I think it's much more similar to like 25th Road, which happens to be in a very nice area, and it just -- that's the experience there. I know it well. Vice Chair Hardemon: I'm done. Chair Gort: Okay. Let me tell you, I know that anyone that has not been there cannot see the difference in a place. You got the bridge. You got all kinds of obstacles in there to do that. And I don't have any problem in this one, in being in favor of it. So is there any further discussion? It's a resolution. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: PZ 2. Ms. Escarra: Thank you very much. PZ.2 ORDINANCE 15-01219 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 85-812, AS AMENDED FROM RESOLUTION NO. 75-135, THE BRICKELL KEY DRI DEVELOPMENT ORDER SUBJECT TO SECTION 380.06(19)(e)(2)(k), FLORIDA STATUTES, FOR REAL PROPERTY LOCATED AT APPROXIMATELY 750 CLAUGHTON ISLAND DRIVE, MIAMI, FLORIDA, AS DESCRIBED HEREIN (EXHIBIT "A"); BY REDUCING THE PERMITTED NON-RESIDENTIAL FLOOR AREA BY 676, 116 SQUARE FEET, INCREASING THE NUMBER OF RESIDENTIAL UNITS BY 668, AND BY PERMITTING A 3.75-ACRE LINEAR PARK ON THE ISLAND; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01219 SR Fact Sheet.pdf 15-01219 Analysis & PZAB Reso.pdf 15-01219 Application & Supporting Docs.pdf 15-01219 Legislation (v2).pdf 15-01219-Submittal-Lucia Dougherty-Brickell Key Chart.pdf 15-01219-Submittal-Iris Escarra-Brickell Key DRI Development Order Documents.pdf 15-01219 Legislation [v3].pdf 15-01219 Exhibit A - SUB.pdf 15-01219-Submittal-Planning Department -Exhibit B.pdf 15-01219-Submittal-Planning Department -Exhibit C.pdf 15-01219-Submittal-Planning Department -Exhibit D.pdf LOCATION: Approximately 750 Claughton Island Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Swire Jadeco LLC City of Miami Page 73 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 c/o Swire Properties FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 29, 2015, by a vote of 8-0. PURPOSE: This will amend Resolution No. 85-812 for the Brickell Key DRI Development Order. Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.2 is before you today on first reading. So this is an ordinance that seeks to amend the Brickell Key Development Order -- a Brickell Key Development ofRegional Impact permit with the State of Florida, and essentially, the revision proposed is one which would take the remaining parcel of land within Brickell Key that is subject to development, and take the allowed use or the projected use for that land from office, which is what it is presently entitled for, to residential. The trade-off is approximately from 670,000 square feet of office to approximately 670 units. This has been vetted and all the applicable studies have been conducted, and we find that it is reasonable development to propose. We are therefore recommending approval, as did the Planning Zoning & Appeals Board by a vote of 8-0. We're happy to answer any questions you may have. Chair Gort: Thank you. Yes, ma'am. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Iris Escarra and Lucia Dougherty, with offices at 333 Avenue of the Americas. And with me this afternoon is Steve Owens, who's the president of Swire Jadeco, the owner of property; as well as Chris Gandolfo, who's the senior vice president; and Hannah Leonard, their project manager; and Jaime Reyes, who's the marketing coordinator. Brickell Key is under a DRI (Development of Regional Impact) that started in 1975, and the restrictions that that DRI were that you could have 3,075 residential units, 6,211, 000 square feet of FAR (floor area ratio), but you couldn't build anything that had more than 800 PM peak hour trips, so that was the maximum. This request is to convert our remaining development rights, which is about 900,000 square feet, from commercial to residential, and we think that that's a much better use for the island than to have more commercial out there, and it's lesser impact. The development -- the Department of Economic Opportunity wrote a letter saying that they thought this was a non -substantial amendment. That was agreed to also by the South Florida Regional Planning Council, and allowed us to proceed as a E2K amendment, which would mean going to the Planning Board and to the City Commission without having to have State review. Newer DRIs -- if this was to be built today, a new DRI wouldn't have to have this kind of amendment, because what they do is say you can have any uses you want, so long as you don't exceed the trip count. So we don't care if you have residential, commercial, whatever; you just can't exceed the trip count exiting. So the reason we are here today is because we are under an old DRI, a 1975 DRI. One of the interesting things that I want to bring to your attention -- there we go, thank you -- again, the FAR that's permitted is 6,211, 000 square feet, of which 1,200, 000 could be commercial. Under Miami 21, you could build 23,000 square feet without bonuses, 20 -- I'm sorry -- 23 million square feet without bonuses; and with bonuses, you could build 29 million square feet. So the density we have is 3, 075 units. When we went under Miami 21, you'd be allowed to have 6,602 units. So what we're requesting ultimately is 3,743 units, which equates to 85 units per acre, because this is a 44-acre island. Now, if you were on Brickell Avenue, you could have 500 units per acre. If you were in West Brickell, you could have 200 units per acre, and if you were City of Miami Page74 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 downtown, you could have 1,000 units per acre. So you can see that we have not maximized the density on this island, and it's quite appropriate in terms of the number of units. The other question -- the other request that we're making today is that on this island, there was under the old DO (development order), a requirement to have a 3.5-acre park. We would like your concurrence that this five -- 3.5-acre park can be the linear park that I'm about to show you in a drone video that we've made for you. Not going to do the whole thing because it's very long, but this is the video showing you. If you haven't been out there lately, it's really quite lovely. Note for the Record: At this time, an audio -video presentation was shown. Ms. Dougherty: So I'm going to stop it now, unless you tell me you want to see some more, because it's going to go on for a couple of minutes. But you can see that people do enjoy it. This is a area that is enjoyed not only by our residents, but people on Brickell Avenue. And unlike the former application, we think that this is a great amenity to us and for the public, and that we invite the public not only to be on a static park, but enjoy all of the water views around the entire island. So we would ask that you would uphold the recommendation of the PZAB (Planning Zoning & Appeals Board) Board, the Planning staff, the DEO, the South Florida Regional Planning Council, and allow us to change the FAR from commercial to residential, and to recognize this linear park as our 3.5-acre requirement. Thank you. Chair Gort: Thank you, ma'am. Anyone in the public; it's a public hearing? Is anyone in the public would like to address this issue? Christina Alessi: Thank you, Commissioners, Mr. Chair. My name is Christina Alessi. I live at 801 Brickell Key Boulevard. I'm here today basically on behalf of Brickell Key, because as I look around, there's no other residents here. And the purpose of me being here today is just to have this meeting continued until proper notification has been done by Swire. I understand the City of Miami posted the sign, and the sign is wrapped around a 8x8x8 pole. It's not really visible to the island. There's other ways to notifir the residents through management, through the master association itself. They notify us when there's critical mass, when there's a hurricane coming, so we get -- there's open transparency and communications with Swire all the time, and with First Service, who is the management company of our island. And the linear park looks nice, but it's not open space, but I'm not even here to be opposed to this project. I think residents would be far better for the island than commercial use. So I guess today, because I'm on limited time and have to be home by 5:30, it's just to have it continued until the residents are properly notified, and that's my only request today. Chair Gort: Thank you, ma'am. Ms. Alessi: Thank you. Chair Gort: Next. Joao Carvalho: Good afternoon. My name is Joao Carvalho. I live on 901 Brickell Key Boulevard, Apartment 2308. And I'm here today to support developers of Brickell Key to -- for them to continue to do what they do best. I've been a resident of Brickell Key for over 20 years; enjoy the place very much. The baywalk is a beautiful place. I think we already have a nice open space in the center of the island as well that we enjoy very much. Thank you. Chair Gort: Thank you, sir. Anyone else? Anyone else? Seeing none, hearing none, I'm going to close the public hearing. Ms. Dougherty: I just want to bring to your attention that we notified all of the associations within Brickell Key, which is not required, frankly, but we did notify them, and we notified all the associations and individuals required within 500 feet of the entire island, so we really City of Miami Page75 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 over -noticed the island, so -- and we also -- this was supposed to be a resolution; it ended up being an ordinance because that's the way they noticed it, so we'll have another hearing on it. Chair Gort: Thank you. Ms. Dougherty: In two weeks. Chair Gort: Thank you. Yes, sir, you're recognized. Commissioner Sarnoff Thank you. There is presently, Mr. Garcia, a 3.5-acre linear park, right? Mr. Garcia: That is correct, sir. Commissioner Sarnoff Do I have the latitude to require them to increase the acreage whether by linear or otherwise to 3.75 acres so that we could gain another quarter acre of park space? Mr. Garcia: Sir, I would like to factually answer that question by saying that by providing the park that they have provided, they are in full compliance with the development order, and that is the limits of at least, my authority to impose on them any requirements. Above and beyond that, you are certainly free to raise any issues you would like at this forum and we're happy to assist. Commissioner Sarnoff Sure. Min, let me ask you. Am I within my constraints as a Commissioner that would be voting to increase the park capacity by a quarter acre, leaving them the ability to where and how, whether it be linear or nonlinear park? Barnaby Min (Deputy City Attorney): I'd like to answer the question by suggesting that if the applicant agrees to your suggestion, that would be a more prudent and cautious way of approaching it. Commissioner Sarnoff So, Ms. Dougherty, is your client, if I'm hearing them correctly, whispering under their lips, saying they'd love to have a quarter -acre park added to this, and well give them the latitude as to whether it would be linear --? Ms. Dougherty: Yes, sir. Commissioner Sarnoff Okay. So I will make -- Ms. Dougherty: Plus, they have the complete flexibility as to how and where and when and how it's designed, yes. Commissioner Sarnoff I didn't say it needed to be linear, and I didn't say it needed to be nonlinear. I'm giving you the ability -- because I think Swire has always proven to do the right thing. I just want to make sure that somebody looks at this later in a very cold record and says, whatever it is people say these days, that we could at least say we got them a quarter -acre park out of this, where we really are constrained, I think, to approve this. So I will make a motion to approve based on the covenant now offered by the applicant. Ms. Dougherty: It will be a condition. Commissioner Carollo: Second. Discussion. Commissioner Sarnoff Condition, I apologize. I hate to put "covenants" where "conditions exist." City of Miami Page76 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Carollo. You're recognized, Commissioner. Commissioner Carollo: Thank you, Mr. Chairman. And along with the words of Commissioner Sarnoff saying that Swire has proven to do the right thing -- has always proven to do the right thing, I wanted -- and since Mr. Owens is here, I wanted to take the opportunity, because there's an issue that I don't think has still been resolved and it affects that area, and potentially, in a very, very negative light, which could cause fatalities in that area and in our City. We have a fire station that -- which is Station 4 -- that currently provides services to Brickell, West Brickell, all of City -- all of Brickell City Centre, once it comes online; there's an SAP (Special Area Plan) that we are discussing right now by the river, East Little Havana, the Roads, and part of Shenandoah. There -- it was my interpretation from the Administration and from others that there was going to be a new fire station within the Brickell City Centre site. There's been discussions back and forth, but I still don't have anything -- any certainty, anything concrete, so I would like to address this with Mr. Owens and Brickell City Centre, because obviously, Station 4 cannot handle the calls, or it could potentially be fatal when you're talking high-rises in Brickell, high-rises in Brickell City Centre, and then calls in East Little Havana. And I'm not talking about fire calls; I'm talking about paramedic calls. I'm talking about people having a heart attack where, you know, the minutes, the response time -- a minute could cause is a life. So I want to ask Mr. Owens or Brickell City Centre -- Ms. Dougherty, where are we with that? Because I know there's been a lot of conversations with regards to that. I don't know if Francisco or from our Administration -- maybe the Fire Chief is here and our Manager so we could, you know, have a healthy discussion, see where we're at with that. Ms. Dougherty: I didn't hear your last question. Commissioner Carollo: And have a healthy discussion to see where we are with that issue. Ms. Dougherty: Oh, okay. I'm sure that we could have a discussion. I don't happen to be representing Brickell City Centre, so I have no idea about the fire station issue, but I -- between now and next week, when we are -- two weeks from now, when we come back on second reading, we can probably discuss that. Commissioner Carollo: Is it possible for Mr. Owens to address the issue? And Mr. Owens, I'm just trying to do what's right for the residents of our City. And like I said -- and I've bumped into you -- I guess it was some months back, and I mentioned, "Hey, this could have a fatal impact in our residents," so I want to see how we could get some conclusion and some resolution to this, because once again, this could have a fatal impact to our residents. Stephen Owens: Well, Stephen Owens, 801 Brickell Key Drive. And for the lady who spoke earlier, I'm a resident of Brickell Key, and I do believe we were all duly noticed, just to clear that point. I'm not in a position today to talk about the fire station. We are -- or the life -safety station, and we are aware it's on the table and it is part of discussions. Brickell City Centre, of course, is five city blocks, and it has two additional phases. And quite frankly, the first time I heard about it, we were well under construction with everything that's -- you see being built today, and we don't build with concrete erasers, so it's difficult to go back and address it in that form, but in the future, it is being something that we are continuing to talk about. The challenge is defining it and how it will work and where we can accommodate it, and/or where can we work with others to accommodate it. We're certainly not a company that is, you know, in denial about the needs of things like life safety. I think it's very important for our community. And certainly, as we build more density, these things are greater requirements. So I think, in the spirit of what you're raising, we're totally in agreement. We have some work to do on the execution, and you're absolutely correct; you did raise it with me six weeks ago, I believe, at a dinner, and it has not gone off our radar, but we don't have the answer tonight. City of Miami Page77 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Carollo: Can I have someone from the Administration address the issue? Because it was represented to me that, yes, that a fire station would be built there, you know, and unfortunately, you know, high-rises keep going up, and that same fire station is the one who is required to provide the services; and like I said, this isn't a subject that I want to just look the other way, because the truth of the matter is, this could cause fatalities. This is a real issue. So when you speak about issues in East Little Havana, East Little Havana, this is a real issue for you. This is a real issue for you. The same station on 2ndAvenue that provides services to all the high-rises in Brickell, all the high-rises in West Brickell, all the new high-rises in Brickell City Centre is the one that provide services to you. It's the one that provide services to the Roads. It's the one that provide services to parts of Shenandoah. Commissioner Suarez: No, we have our own station. Commissioner Carollo: Understood. Shenandoah goes up to 12th Avenue, so it provides services to part of Shenandoah. So the bottom line is that this could cause fatalities for the future, and we need to address it. Mr. Min: Mr. Chair. Commissioner Carollo: So, I -- Chair Gort: Yes. Commissioner Carollo: -- brought it up in the past; I'm bringing it up again, because it needs to be addressed. Chair Gort: All right. Yes, sir. Mr. Min: The question was directed to the Administration, but I can attempt to answer. The City Attorney's Office, as well as the Administration, have been working with Spencer Crowley of Akerman, who is the representative of Swire. When it comes to Brickell City Centre, there has been a meeting of the minds, I believe -- and I'm sure I'll be corrected in I'm misstating something -- that there will be a fire station constructed at Brickell City Centre. Yes, sir. Commissioner Suarez: No. And I was going to say, I mean -- maybe I should just let this one go. I think we could have incorporated this into the SAP. Mr. Min: Yes, sir, and that was one of the initial discussions. I believe -- again, I don't want to misquote, but I believe the initial -- Commissioner Suarez: Right. Mr. Min: -- reaction from the applicant was it is not covered by the SAP. Commissioner Suarez: Right. Mr. Min: Our position -- the City's position was that the development agreement concerning the SAP did have language concerning public facilities; and public facilities, as defined by the development agreement, as well as State Statute -- Commissioner Suarez: Right. Mr. Min: -- included these types of life -safety issues. So once we got over that initial hurdle, I believe there was a meeting of the minds that the public facility does, in fact, have to be provided. It is now -- the Department of Real Estate and Asset Management, the Department of City of Miami Page78 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Fire Rescue, and of course, our office are now working with the applicant as far as the design criteria, what it's going to look like, where exactly is it going to be placed, those types of details. Once those details are ironed out, the idea is either to present a memorandum of understanding or some other document that memorializes the agreement to the Commission so it can be signed off on at a public hearing with the Commission's approval. Chair Gort: Thank you, sir. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes. Commissioner Carollo: A follow-up question: When do you expect that to occur? That's one question. And the other question is, how far back have we been speaking with the Brickell City Centre group? And I don't know what the exact name is, but let's say with Brickell City Center regarding this issue? Because I -- it's my understanding, we're going back years. Mr. Min: My -- the first it came to my knowledge was, I believe, maybe six months or so ago. Commissioner Carollo: Right. Mr. Min: And that's when the request came to look at the development agreement, to potentially draft something that memorializes an agreement; so from my perspective, I believe it was recently. Commissioner Carollo: Understood. Now, from our Administration, prior to those six months, how far back have we gone -- prior to those -- prior to the time that the City Attorneys Office got involved, which was about six months ago, prior to that, how far back do we go in negotiating with Brickell City Centre this fire station? Which, my understanding, was a done deal, was going to happen, and that's how it was represented to me. Mr. Manager, we spoke about it also. You thought it was a done deal; it was going to happen. It was -- you know, so how far back do we go negotiating this? Because it's my understanding, it's been years. Daniel J. Alfonso (City Manager): Commissioners, from my recollection, it's certainly more than a year. I don't know the exact date, but that was what we believed as well, that it was our understanding that it was going to happen. Then there were some discussions and there was some doubt, but we met, and I believe we have reached an agreement that it is going to happen. There is a tower yet to be built, and that is the site where we are negotiating putting the location in. Commissioner Carollo: Do you -- Mr. Manager, do you foresee -- or when do you foresee it coming before this Commission? And again -- and I appreciate from my colleagues leniency with me in this item, because in all fairness, this is public safety, this is life and death issues. You know, this could, and I would think, will probably cause fatalities if it's not addressed. When do you foresee it coming before us, Mr. Manager? Mr. Alfonso: Commissioner, I don't have a firm date yet, but we can certainly set a goal of at least six months to bring it forward. Chair Gort: Yes, sir. You're -- Commissioner Suarez: Can I make a recommendation to this Commission? It's not good to negotiate after the fact. It's always good to get these things in our development orders when they're being done. We did one on 31st Avenue and Coral Way. The fire station is specifically in the development order when we gave the density that we gave. And it's never good to do this City of Miami Page79 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 after the fact, because you lose your leverage. The issues remain the same, but you should do it when we're negotiating the development order of the SAP. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Commissioner Suarez, I was under the impression that when the Administration tells me, "Yes, there's going to be a fire station there." You could speak to the Fire Department; they were under the impression there was going to be a fire station there. Commissioner Suarez: Listen, I heard it, too. I'm not saying I didn't hear it. Commissioner Carollo: Right. Commissioner Suarez: I heard it, you know. Commissioner Carollo: So I would think that our Administration would do their due diligence, and again, I understand that this was spoken about before Danny Alfonso became our City Manager, so I'm not putting blame on you, but when we have representations from our Administration stating that we're going to have a fire station, and then when I say, "Okay, I'm seeing the buildings go up, where are we with it?" and I want to start looking at the documentation, and they tell me, "no, it's not written," I -- you understand? I mean, how much can a Commissioner micromanage this? So the bottom line is -- Commissioner Suarez: I micromanage mine pretty closely, I could tell you that much. Commissioner Carollo: Right. Till it gets to a point -- Commissioner Suarez: We -- Commissioner Carollo: -- of how much can you micromanage this? Commissioner Suarez: Well -- Commissioner Carollo: And at the same time, you know, when you hear that there's -- Commissioner Suarez: When it's a public safety issue, you better micromanage it. Commissioner Carollo: Well, that's why I'm bringing this forward. That's exactly why I'm bringing this forward. That's why I spoke to Mr. Owens about six months ago. That's why the City Attorneys Office got involved six months ago, because I expected it to happen already. I expected it to be there -- Commissioner Suarez: I hear you. I hear you. Commissioner Carollo: -- you know. Commissioner Suarez: I hear you. Commissioner Carollo: And the bottom line is it's still not there; therefore, I'm bringing it up again, now that I have an opportunity that Mr. Owens is here to bring it up once again to make sure that we have some type of resolution in the positive manner for our residents of that area in the City of Miami. Commissioner Sarnoff, this affects your district. I mean -- City of Miami Page 80 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Sarnoff I went on the tour. I saw where it was going to be. I thought we were all set, so I don't know what this is all about. I mean, I know they're working on drafting the documents. There's an agreement in the meeting of the minds. Things got to get built, but I get it. I get it. Commissioner Carollo: You get it? Okay. Thank you. Chair Gort: Thank you, Mr. Owens. Any further discussion? It's an ordinance, a first reading. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: I'm sorry; was it 3.7? Commissioner Sarnoff Three point seven -five. The Ordinance was continued to be read by title into the public record by Deputy City Attorney Barnaby Min. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.2 passes on first reading, 5-0, as amended. Chair Gort: Thank you. We have discussion items, but Mr. Manager, what I'd like to have is next -- Ms. Dougherty: Thanks very much. Chair Gort: -- two weeks, this concern has been brought up about the public safety. I'd like to get a report from the police -- Fire Chief how do we covering this territory at this time. Because even if we come to an agreement, it'll be a year or two before the station can be built, okay? Thank you. What's next? Mr. Min: I believe there are some discussion items. Commissioner Sarnoff No, we did them all. Commissioner Carollo: I'm deferring my discussion items. Commissioner Sarnoff I thought we did them. Chair Gort: Any discussion item? Commissioner Carollo: No. Move to adjourn. Chair Gort: Do I have a motion to adjourn? Commissioner Sarnoff So moved. Commissioner Carollo: Move to adjourn. Chair Gort: There you go. Have a good one, guys. END OF PLANNING AND ZONING ITEMS City of Miami Page 81 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 D3.1 14-01093 D3.2 15-00912 D3.3 15-00913 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 CONTINUED Note for the Record: Item D3.1 was continued to the November 19, 2015, Regular Commission Meeting. DISCUSSION ITEM CITY BEAUTIFICATION. 15-00912 E-Mail - Discussion Item.pdf CONTINUED Note for the Record: Item D3.2 was continued to the November 19, 2015, Regular Commission Meeting. DISCUSSION ITEM ALLOWING RESIDENTS TO PAY THE CITY WITH CREDIT CARDS. 15-00913 E-Mail - Discussion Item.pdf City of Miami Page 82 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 D4.1 14-01024 CONTINUED Note for the Record: Item D3.3 was continued to the November 19, 2015, Regular Commission Meeting. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING CONDITION OF FLAGLER AND EIGHT STREET BUSINESS CORRIDOR. 14-01024 E-Mail - Discussion Item.pdf DISCUSSED Todd B. Hannon (City Clerk): And one last one, BC.20, Virginia Key Beach Park Trust. Commissioner Carollo -- nope, can't do that one; we need a five -five. So that's it for the boards. Chair Gort: Thank you. Daniel J. Alfonso (City Manager): What else do we have? Commissioner Suarez: 4.1, discussion item, Commissioner Suarez, status of Calle Ocho and Flagler. Commissioner Suarez: Yeah. And let me just say, this has been delayed for a long time. You know, we sort of have a hierarchy on who our bosses are, and it starts with the residents, obviously, who are the ones that we represent. And for some time now, residents of the Flagami area have been coming to me and complaining about what they feel is an excessive amount of signage from the perspective of businesses, and what I think happens sometimes is when we are not educating our business owners -- I think -- I don't know if the Chair said it or it was said by a member of the audience. There's sort of -- there's like a race, a competition to see who can stand out more, to see who can get people's attention more, and so it becomes this race to put things that attract your attention, and you know, if we don't do anything about it, it gets out of control, and it's out of control, and I think it diminishes the quality of life of our residents who, you know, are working-class people and who want their neighborhoods to look better, who want their neighborhoods -- Chair, as you know, we've done tree plantings in the Flagami area together. You know, they want more vegetation. They want all the things that people in Coconut Grove want and in the nicer parts of the City. So, you know, this is just one component of it. And I've been working with the Code Enforcement Department for a long time, and I think we're finally ready to sort of -- make some sort of headway in a presentation. Thank you. Eli Gutierrez: Yes, sir. Thank you, Commissioner. For the record, Eli Gutierrez, City of Miami Code director. We -- as per the Commissioner, we went out and we're going to do a presentation briefly of all the photos of before and after, of the impact that the Code Compliance team has been doing out in the community. Just wanted to say in advance, we're not just going out there to site. I put a lot of emphasis on communication, education of constituents, and giving them time to try to comply, and these photos that we're going to present now is just a small impact on what we've been doing working with our residents. Just very briefly, the "before" and "afters" speak for themselves on some of the illegal signs that we've been, you know, focusing on and getting compliance on. Here on 7th Avenue and Flagler, if you look to your left, your left is City of Miami Page 83 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 always going to be your noncompliance; your right is going to be compliance. And these photos speak for themselves. As you see, this is a big one here on 8th Street and 32ndAvenue. As you can see, what it looks like after when we obtain compliance. A shopping center from the left, all these banners; cleaned up. An actual car, I was surprised on this one when I -- when my guys took this one on and got compliance on this as well. This one, it shows -- besides signs, just graffiti, and what it looks like after. This particular person decided to put all these signs on the right-of-way, and obviously, the next is -- we're tackling -- this is the big one we're tackling right now with these signs on poles. You know, we're involving actually the Police Department to help with stings. This particular gentleman -- not him, but there's another that's selling cars, and he's posting them all over the City, so we're trying to crack down on him. This one, both are in violation, but I wanted to show you what this person took the time to do on the next photo. As you see, he basically transformed his business. Graffiti here; I tried to crop it as much as I can. I apologize if you guys have to tilt your heads a little. More graffiti violations. This one is -- again, speaks for themselves. The signage on your left and right. Another shopping center. Off of 8th Street and 73rd, as you see, this is the -- a popular one with 20 percent of the Zoning Code, what he looks like when he complies on the right-hand side. This is an actual -- in this -- there's a new actual mural on the right-hand side, which I wish I could have brought it today, but it looks beautiful now with a beautiful mural that they put up there. And on the left side, I want to show the impact on what this particular did -- person did with the awnings and disrepair all the signage, and he took the time on the right-hand side to, you know, make it a lot more approachable. And that concludes this particular signage. But I wanted to also take the time, Commissioners, if you indulge me -- and Todd, if you can please help me out? And the Manager talked about it briefly of what we're trying to do with communication and education of our residents. I think you all should have been distributed a Code book that's going to be handed out. We're working with our NET (Neighborhood Enhancement Team) Team. Our Planning & Zoning has helped with this as well. We're going to be going in association meetings. The Miami Clean Campaign, we're going to be posting them out. Whenever we deal with any residents for any type of a violation, this will be something that we will be handing out to our residents, and we're going to do a door-to-door campaign, I want to call it. I just don't want to do a mass mailing. We want to get out to the community. You know, teach them where our most common violations are. And this is one of many other educational and promotional items that the Code Compliance team and the City of Miami are working on. The signage issues are a big one right now, and I've been working with the Planning & Zoning Department to come up with a flyer of FAQ's, (frequently asked questions) photos to better educate our residents. And on this Code book, if -- one of the things that I wanted to highlight besides the photos -- because I think photos speak for themselves -- is we went ahead and we put it in three languages. We put it in Spanish, English, Creole. We put information on numbers where to call where people are actually going to pick up the phone. We hear that a lot of. "The City doesn't answer." No, we do answer, and these are the numbers that are provided. And that, you know, basically concludes the presentation. And thank you, Commissioners. Commissioner Suarez: Mr. Chair. Chair Gort: Let me tell you. I see the signs. I agree with it. The problem that I have, the way it's been implemented. I mean, Code enforcement has never taken place before, so all these people for years have been able to do all this. All of a sudden, you have an inspector that comes in and says, "All of this is illegal. You're going to be fined." You know, we need to educate our community. We need to know -- we need to make some changes to make it even better, and people need to know. We have to give them some time to do those things. We also -- somehow, we got to talk to the company that do the advertising; that they sell the equipment, that they have to make sure that they have to get a license to do so. They're not aware of it. I mean, we had people who spend thousands of dollars on a sign. All of a sudden, the signs illegal, and they don't know. The small business is not aware of all that, and this is something that they're -- we need to educate our community in all this. We got a lot of new residents coming into this City of Miami in certain neighborhood more than in others. We need to educate them, and I think -- one City of Miami Page 84 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 of the things I'm going to propose is some of these changes that I've talked about with the flags and the cars and all that is -- that could be done by warrant process. In other words, take -- there should be a process where they can look at and do something, and that's the problem that we have, the implementation. People have to be educated. Mr. Alfonso: Mr. Chairman, we agree. And like I said, we -- the direction that we gave Code is that we are trying to educate our public. The idea is Code compliance, right? We want Code compliance, so we have educate the public, we educate the business owners, and then -- you know, ultimately, in some cases, if they're not in compliance and we give them time, yes, we have to go to the fine, because that is ultimately the stick, you know, rather than the carrot. But we are -- where there are complaints about discourtesy, we're certainly addressing those issues, and we'd like to hear of those concerns. Maybe I'll start putting body cams on our Code inspectors to make sure that we -- Chair Gort: But let me tell you, in the public right-of-ways [sic], it shouldn't be nothing in the public right-of-way. That's for sure. Mr. Gutierrez: Yes, Commissioner. Chair Gort: Should not be there. Mr. Gutierrez: Absolutely. Chair Gort: But let me give you an example. It's not in my district and -- I got a complaint from the people from -- "Casa Panza" it used to be called before. I don't know what it's called now. They changed the name. They got new owners. The whole front was done by the program, the facade program that we have, so they had to pull a permit. They pulled a permit and all that. They put a beautiful awnings, the whole works. Now they're being penalized. Code Enforcement went to them; told them if they don't take the awnings away, they're illegal, and this is the type of things that we need to understand. Mr. Alfonso: We will look at that. One of the concerns, Commissioner -- Mr. Chairman, that I want to point out -- because I know that some of our business owners actually spend, as you said significant amounts of funds in putting the advertisement on the entire storefront, and they cover like the entire glass storefront, and I know that that's been difficult for some of them when we go and we tell them, "Look, the City Code says that only 20 percent of the store frontage can be covered," so they have to peel it back, and I know that it's costly for them. However, on that case, in particular, we want to point out that that is a safety issue for our officers. If there's ever a 911 call to that establishment, our officers cannot see what's going on inside going into that business. So that is important because those things are transparent from the inside out. You can see out, but you can't see in. So we need to make sure that whatever changes we make to the Code, we keep those issues in mind as well. Chair Gort: No. I understand, but they need to explain to them, "Look, this we're doing for your own safety." Mr. Alfonso: Right. Chair Gort: At the same time, say, `Look, if you improve your facade, you're going to get more business; more people are going to be able to see your products. " I mean, you got to explain the benefits of it. Commissioner Suarez: Mr. Chair. Chair Gort: And also maintaining the -- City clean. That's very important. Yes, sir. City of Miami Page 85 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 Commissioner Suarez: Mr. Chair, thank you. I think the other thing -- and I don't know if this is in here -- sometimes we have a tendency in the City -- and it's understandable -- when your department head -- any of your department does it, you stick in your Silo, you know, which is the tools that you have in your tool box to solve these issues. But one of the things that we've done -- and I know the Chair has supported this -- is we've granted money to CAMACOL (Latin Chamber of Commerce) for facade improvements, so -- and we're doing it all along Coral Way. Right now we've been focusing a lot on Coral Way because we have the trolley running up and down Coral Way, and I really want to highlight Coral Way, but we should have a page in here that talks about what are the resources that business owners can apply for to get grants that will help them comply with the law, because, you know, their properties will look far better, and we could do "before" and "afters" of properties that get the facade grant from CAMACOL and you can see that it's a very starkly, more beautiful difference. So I think part of the education should not only be the stick approach, `If you don't do this, we're going to fine you "; it should also be the carrot approach, you know -- Chair Gort: You can go get help. Commissioner Suarez: Right. If you go here, you can apply for a grant, and then you can call your Commissioner and tell him, "Look, Commissioner, I want to comply with the law," because I think most business owners want to comply with the law, but they don't want to be at a competitive disadvantage, so I think that's the other thing is that we have to apply it equally, which we have. And by the way, I've gotten very little calls. I don't know -- I mean, Commissioner may have gotten more than I. I've gotten very little. Every time we enforce the Code, I get calls from business owners. That's just -- that's a reality. That's the way it goes, because they're not used to it, and so, that's just part of life. So, you know -- and so, we can't have both ways. We can't have Code enforcement and then, you know, not expect the calls. You know, we don't get the calls, but then we don't have Code enforcement, and I get the calls from the residents, so it's sort of "What comes first?" But I think we do need to give them options on what they can do to comply and how we can help them. Mr. Gutierrez: And Commissioner -- and ifI may, Mr. Chair? Chair Gort: Let me tell you, on 17th Avenue, Northwest 17th Avenue, we have made a difference with the facade and we done that. We told the people, we said -- a lot of people don't understand. My understanding -- I don't know if -- I think CDBG (Community Development Block Grant) has funds for those people that not in compliance to be able to spend money for -- in order to comply with the Code. Mr. Gutierrez: And Mr. Chair, and Commissioner, to your point, Community Development, myself, and NET, we have been in discussion, and we have been trying to educate the public when it comes to the programs that we have to assist with the facade programs, with notice of violation of programs, so that's out there, and creating a flyer, and that we'll definitely bring it to your attention when it's done. Commissioner Suarez: Yeah. Mr. Gutierrez: Yes, sir. Commissioner Suarez: It should be part of this, but if not, at least have something that -- Chair Gort: Thank you. Mr. Gutierrez: Yes, sir. City of Miami Page 86 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 D4.2 14-01117 Chair Gort: You know, we all have to work as a team. We all got to work together. Mr. Gutierrez: Yes, sir. Chair Gort: And somehow, we got to notify those companies that make those signs, those big signs and all that, that they have to pull a permit. Okay, thank you. Appreciate it. DISCUSSION ITEM DISCUSSION REGARDING THE FLORIDA FOURTH DISTRICT COURT OF APPEAL'S OCTOBER 15TH DECISION IN THE MATTER OF CITY OF HOLLYWOOD V. AREM RE: REDLIGHT CAMERAS. 14-01117 E-Mail - Discussion Item.pdf 14-01117 Back -Up Documents.pdf DISCUSSED Chair Gort: That's it? Victoria Mendez (City Attorney): Well -- Commissioner Suarez: Yeah, I have a discussion item, Mr. Chair, on red light cameras. You know, I've had this on the agenda for quite some time now. You know, I advocated when the Legislature changed the procedure that we discontinue the program, that it be -- that it was in vi -- that it was a change that could have allowed us to get out of the contract. The City is now being sued both in State and in Federal court. The -- I would argue that the litigation is not going very favorably for the City. And I just want to bring that to the Commission's attention, if they're not already aware of it. This is a very controversial program, and I think we should start looking towards the future, and that means from the litigation perspective, we need to be sure that we have security, make sure that there's -- if there's indemnities, that the company is prepared to indemn5 the City, and also, we should really consider whether it's in our long-term best interest to continue this program, as I said a while back. And I'm prepared to move beyond it, I know that there may be some secondary benefits to having the camera up for policing purposes, and I'm willing to explore those. But, you know, from a traffic infraction perspective, I'm not so sure that it's been clearly established that it's a benefit. Thank you. Chair Gort: Okay, thank you. We should look into it. And I agree with you, and I think if we can get out of it without any responsibility, good. Okay, come back at 3? Ms. Mendez: Okay. And then Chairman, you and I will come down here; everybody else can go back upstairs at 3, yes. Commissioner Sarnoff Three o' clock is going to be -- Chair Gort: You guys are planning to go upstairs; she'll stay down here. - Commissioner Sarnoff Shade session. Chair Gort: Three o'clock. Ms. Mendez: Fine. Chair Gort: Okay? City of Miami Page 87 Printed on 11/16/2015 City Commission Meeting Minutes October 8, 2015 NON AGENDA ITEM(S) NA.1 15-01363 Ms. Mendez: Thank you. Chair Gort: Is that all right with you all? Commissioner Suarez: Yes. Commissioner Sarnoff. Yes. Chair Gort: Okay. Thank you all. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 DISCUSSION ITEM PURSUANT TO THE PROVISIONS OF SECTION 286.011(8) FLORIDA STATUTES, AN ATTORNEY CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR OCTOBER 22, 2015, FOR THE PURPOSE OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF: MIAMI-DADE COUNTY, CITY OF SOUTH MIAMI, VILLAGE OF PINECREST AND CITY OF MIAMI V. FLORIDA POWER & LIGHT COMPANY AND STATE OF FLORIDA SITING BOARD. DISCUSSED Chair Gort: We need one more Commissioner and we'll get started. Barnaby Min (Deputy City Attorney): Mr. Chairman, we're going to request another shade meeting for October 22. Do you mind if I read the speech into the record? Chair Gort: Go right ahead. Mr. Min: Mr. Chairman, members of the City Commission, pursuant to the provisions of Section 286.011, Subsection 8, Florida Statutes, the City Attorney is requesting that at the City Commission meeting of October 22, 2015, an attorney -client session, closed to the public, for the purpose of discussing pending litigation in the following cases be heard: Miami -Dade County, et al. versus Florida Power & Light Company, et al., Case Number 3D14-1467, pending before the Third District Court of Appeal; City of Miami versus State of Florida Department of Environmental Protection and Florida Power & Light Company, Case Number 15-747, pending before the Division of Administrative Hearings; in the matter of Florida Power & Light Company, Turkey Point, Units 6 and 7, Docket Numbers 52-040 and 52-041, pending before the U.S. (United States) Nuclear Regulatory Commission; and in re: Nuclear Cost Recovery Clause, Docket Number 15-0009, pending before the Florida Public Service Commission. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. Thank you. Chair Gort: Thank you. City of Miami Page 88 Printed on 11/16,2015 City Commission Meeting Minutes October 8, 2015 ADJOURNMENT The meeting adjourned at 5: 47 p.m. City of Miami Page 89 Printed on 11/16,2015