City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, November 19, 2015
9:00 AM REGULAR
City Hall Commission Chambers
City Commission
Tomás 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 Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 19, 2015
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
AM - APPROVING MINUTES
MV - MAYORAL VETOES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
AC - ATTORNEY-CLIENT SESSION
BC - BOARDS AND COMMITTEES
BU - BUDGET
DI - DISCUSSION ITEMS
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Gort, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon Absent: Commissioner Sarnoff On the 19th day of November 2015, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Gort at 9:02 a.m., recessed at 11:58 a.m., reconvened at 3:02 p.m., recessed at 3:04 p.m., reconvened at 3:47 p.m., recessed at 3:53 p.m., reconvened at 4:12 p.m.and adjourned at 4:29 p.m.
Note for the Record: Commissioner Carollo entered the Commission chamber at 9:10 a.m., Commissioner Suarez entered the Commission chamber at 9:11 a.m., and Vice Chair Hardemon entered the Commission chamber at 9:29 a.m.
ALSO PRESENT:
Victoria Méndez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk
Chair Gort: (INAUDIBLE). The member of the City Commission will be Frank Carollo; Francis Suarez; Keon Hardemon, Vice Chairman; Wifredo “Willy” Gort, Chairman; also, Daniel Alfonso, City Manager: Veronica -- Victoria Méndez, the City Attorney; and Todd Hannon, the City Clerk. At this time, I'm going to ask you to please stand for the invocation. Mr. Manager, will you do the pledge afterwards?
Daniel J. Alfonso (City Manager): Yes, sir.
Chair Gort: Thank you.
Invocation delivered.
Later...
Chair Gort: Mr. Manager.
Pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 15-01516 Honoree Presenter Protocol Item
Milestone Service Mayor Regalado Service Award Awards & Commissioners
PlusUrbia Design Mayor Regalado Proclamation & Commissioners
William Porro Mayor Regalado Certificate of & Commissioners Appreciation
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NET United Way United Way Internal Audits & Grants City Campaign Madelin Pacheco Dept. Awards Joyce Jones Robyn Sachs Elizabeth Albo-Gonzalez Gissella Sotelo Ruth Alcala Shiny Antony Mariela del Rio Christine Hwa Edith McCray
Marvin A. Alvarez City Manager ACES Program Cindy V. Baez Commendation Carolina Bazail Cristina M. de la Maza Jose "Jair" Espinoza Julia D. Hernandez Karen P. Jackson Marcia L. Lopez Rosemary Olivera
15-01516 Protocol Item.pdf
1) City Manager Alfonso presented Service Awards to City of Miami employees for their 25 and 30 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees.
2) Commissioners Suarez and Carollo presented the PlusUrbia Design group with a proclamation for various contributions including the hosting of the My Calle Ocho Forum and providing 500 plus hours of pro bono services, and for serving in the Florida Department of Transportation Safety Study Steering Committee.
3) Mayor Regalado presented Mr. William Porro with a certificate of appreciation for his commitment and support to the Minority Business Development Agency (MBDA) Business Center and recognized him on his designation as the 2015 Small and Minority Business Advocate of the year.
4) Mayor Regalado and Ms. Amanda Gorski, representative of the United Way, presented certificates of appreciation to various City employees and thanked them for their dedication towards the success of the 2015 United Way Fundraising Campaign.
5) City Manager Alfonso presented commendations to City of Miami Employees and recognized their achievement of earning the "Customer Service ACE" award as part of the City's telephone secret shopper initiative; moreover thanking them for providing exceptional customer service and telephone etiquette.
6) Mayor Regalado and Commissioner Carollo presented the Forever Bloom Alliance, a
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non-for-profit education based charity organization, with a proclamation for their community contributions including the cleanup efforts of the Biscayne Bay Shoreline and bringing volunteer students, teachers, parents and business professions together to impact the youth of the City of Miami.
Chair Gort: At this time, we have some recognition. We're going to have to wait; a few other Commissioners come in. Mr. Manager, you're recognized.
Presentations and proclamations made.
Later...
Presentation made.
Chair Gort: Commissioner-elect Ken Russell, I didn't see you hiding back there; you should sit up here, up front; get a better view.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Chair Gort: Do we have any minutes?
Todd B. Hannon (City Clerk): Chair, I have for Commission consideration and approval the regular meeting minutes from the October 8, 2015 Miami City Commission meeting.
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you.
END OF APPROVING MINUTES
MAYORAL VETOES
NO MAYORAL VETOES
Todd B. Hannon (City Clerk): There are no mayoral vetoes.
ORDER OF THE DAY
Chair Gort: Madam Attorney, would you go over the procedures.
Victoria Méndez (City Attorney): Good morning. Thank you, Chairman. We will now begin our regular 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 City Commission must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. Any person may not lobby a City official, Board Member, or staff member, until registering. A copy of the Code section about lobbyists is available in the City Clerk's
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Office. Any person making a presentation, formal request or petition to the City Commission regarding real property must make disclosures required by the City Code in writing. A copy of the Code section is available in the City Clerk's Office. The material for each item on the agenda today is available online during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov.com[sic]. No cell phones or other noise-making devices are permitted in chambers; please silence those now. No clapping, applauding, heckling or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks, or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of 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 agenda today. At this time, the Administration will announce which items, if any, are either being withdrawn, deferred or substituted. Thank you.
Later...
Chair Gort: Mr. Manager.
Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. FR.5, we'd like to continue to December 10. RE.5, we'd like to defer to January 14. And DI.2, we'd like to defer to January 14.
Chair Gort: What was that again?
Mr. Alfonso: DI.2.
Chair Gort: DI.2.
Mr. Alfonso: I'll also -- excuse me. I'd also like to defer SR.6, and I want to ask for it sort of indefinitely, until we can figure out what language is acceptable to the different parties, and I really need to have discussions with our elected officials, as well, individually, on this, so this may take more than just one meeting. And we can bring it back as soon as it's ready.
Chair Gort: Is that it? Is there anyone in the -- any of the Commissioners have any item they'd like to defer?
Commissioner Carollo: Yes, Mr. Chairman.
Chair Gort: Yes.
Commissioner Carollo: It was my understanding that there was a letter transmitted with regards to various items that --
Chair Gort: I was going to get to that.
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Commissioner Carollo: -- so --
Chair Gort: But I want to see if any one of you want to defer any of the items.
Commissioner Carollo: Okay. I -- I'm okay with deferrals, but I want to make sure that, you know --
Chair Gort: We will, yeah.
Commissioner Carollo: -- everything is addressed.
Chair Gort: Anyone else? Okay, Mr. Manager, you're recognized. Is any Mayor's veto?
Todd B. Hannon (City Clerk): Would you like to take a vote on the withdrawals and --
Chair Gort: Yes.
Mr. Hannon: -- continuations?
Commissioner Suarez: So moved.
Chair Gort: It's been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Later...
Chair Gort: Mr. Manager, you have a letter you want to read?
Mr. Hannon: Yes, sir. On behalf of Commissioner-elect Ken Russell, I would like to read the following: “Incoming District 2 Commissioner-elect, Ken Russell, is humbly requesting that certain District 2-related items on the November 19 Commission agenda be deferred to the December 10 Commission meeting. While recognizing that he is not entitled to this request for a deferral, Mr. Russell also sees many of these items as very important to the district and the City. Many voting residents made their choice this week based on his positions, and Mr. Russell is hopeful that he will have the chance to discuss and vote on these issues once he has been sworn in. Thank you for your consideration. Below are some of these items related to District 2: PH.4, on the regular agenda; PH.15 and PH.16 in the Planning & Zoning agenda” --
Commissioner Suarez: Can you read it slowly just so we can mark our --?
Mr. Hannon: Of course.
Commissioner Suarez: Good.
Mr. Hannon: PH.4, in the regular agenda; PH.15 and P -- “PZ.15 and PZ.16 in the Planning & Zoning agenda; as well as any other items dealing with development or zoning actions in Watson Island. Additionally, RE.10 and RE.11, in the regular agenda; also, PZ.1, PZ.17, PZ.18 in the Planning & Zoning agenda; as well as any other” --
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Commissioner Suarez: Can you slow down?
Mr. Hannon: Oh. My apologies.
Commissioner Suarez: PZ.1?
Mr. Hannon: Yes, sir.
Chair Gort: 17 and 18.
Mr. Hannon: “PZ.1, PZ.17, PZ.18” --
Commissioner Suarez: Right.
Mr. Hannon: -- “as well as any other items dealing with changing zoning classifications within District 2; and then, finally, any appointments to City boards for seats traditionally or statutorily nominated by the District 2 Commissioner. Kind regards, Ken Russell.”
Commissioner Suarez: Move it for discussion.
Chair Gort: Okay, been moved by Commissioner Suarez.
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Discussion.
Commissioner Suarez: Thank you, Mr. Chair. My only discussion is that the P&Z (Planning & Zoning) items, I believe we have to wait until 2 p.m. to defer, so we'll be deferring them at 2, but we're making a notice now to the public, if anyone is out there waiting, that we will make -- I'll make a motion at 2 to defer those items, as well.
Mr. Hannon: Correct. We will handle those deferrals at 2 o'clock.
Commissioner Suarez: Thank you.
Chair Gort: Any further discussion?
Vice Chair Hardemon: Yeah. Mr. City Clerk, I'd just like for you to read through the numbers again.
Mr. Hannon: Yes, sir.
Vice Chair Hardemon: Just the numbers; not the --
Mr. Hannon: Yes, sir.
Commissioner Suarez: Thank you for lightening our load, by the way.
Mr. Hannon: From the regular agenda: PH.4 --
Commissioner Carollo: And could you read it slowly, please?
Mr. Hannon: Yes, sir. From the regular agenda: PH.4, RE.10 and RE.11. From the Planning & Zoning agenda: PZ.1, PZ.15, PZ.16, PZ.17, PZ.18; and we don't have any board appointments for District 2, so that's not a concern.
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Vice Chair Hardemon: Thank you.
Chair Gort: Thank you.
Mr. Hannon: So the motion right now is to defer RE.10 and RE.11 to December 10, and we will handle the Planning & Zoning -- oh, PH.4, RE.10 and RE.11, those items will be deferred to December 10. We will handle the Planning & Zoning items at 2 p.m.
Commissioner Suarez: Right.
Chair Gort: Thank you.
Chair Gort: Do we have a motion on the consent agenda?
Commissioner Carollo: We have.
Commissioner Suarez: We have a motion on the deferrals.
Commissioner Carollo: We have a motion on the floor.
Chair Gort: On the floor. Sorry. Okay, it's been moved and second. Any further discussion? Anyone in the public would like to discuss this item? Seeing none, hearing none, close the public hearing. All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Later...
Chair Gort: Any other items?
Commissioner Carollo: Yes. Mr. Chairman.
Chair Gort: Yes.
Commissioner Carollo: I want to defer D3.1 and 2. As most of you know, I'm working with the CIP (Capital Improvements Project) Department and our Manager and management in order to somehow streamline that process.
Later...
Mr. Hannon: And then --
Chair Gort: Mr. Clerk.
Mr. Hannon: -- Chair, as a purely administrative matter, if I could have a motion to withdraw discussion items DI.8, DI.9, and DI.10.
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
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CONSENT AGENDA
CA.1 RESOLUTION 15-01273 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE Fire-Rescue MIAMI-DADE LOCAL MITIGATION STRATEGY AND AUTHORIZING THE CITY MANAGER, THROUGH THE DEPARTMENT OF FIRE-RESCUE, DIVISION OF EMERGENCY MANAGEMENT, TO APPLY FOR, RECEIVE, EXPEND, AND SUB-AWARD MITIGATION GRANT PROJECT FUNDS. 15-01273 Summary Form.pdf 15-01273 Back-Up MDC Resolution.pdf 15-01273 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0484
CA.2 RESOLUTION 15-01344 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF ROBBERY INTERVENTION INVESTIGATIONS WITH THE MIAMI-DADE COUNTY POLICE DEPARTMENT'S ROBBERY INTERVENTION DETAIL TASK FORCE, PURSUANT TO THE FLORIDA MUTUAL AID ACT, SECTION 23, FLORIDA STATUTES, TO APPREHEND AND PROSECUTE CRIMINALS ENGAGING IN VIOLENT CRIMES, INCLUDING ROBBERIES, THAT CROSS JURISDICTIONAL BOUNDARIES. 15-01344 Summary Form.pdf 15-01344 Legislation.pdf 15-01344 Exhibit - Agreement.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0485
CA.3 RESOLUTION 15-01345 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED SEPTEMBER 2, 2015, PURSUANT TO INVITATION FOR BID NO. 503341, FROM SOUTHERN COMFORT SOLUTIONS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE AIR CONDITIONING REPAIR AND MAINTENANCE SERVICES FOR VARIOUS
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CITY OF MIAMI POLICE DEPARTMENT FACILITIES, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-01345 Summary Form.pdf 15-01345 Bid Tabulation.pdf 15-01345 Award Sheet.pdf 15-01345 Invitation For Bid.pdf 15-01345 Bid Response.pdf 15-01345 Corporate Detail.pdf 15-01345 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0486
CA.4 RESOLUTION 15-01316 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING A PERPETUAL GRANT OF EASEMENT FROM THE GREATER MIAMI BOYS' CLUBS FOUNDATION, INC. FOR PROPERTY ABUTTING A PORTION OF SOUTHWEST 31ST AVENUE, MIAMI, FLORIDA FOR SIDEWALK PURPOSES; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID PERPETUAL GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY OF MIAMI. 15-01316 Summary Form.pdf 15-01316 Legislation.pdf 15-01316 Exhibit - Grant Easement.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0487
CA.5 RESOLUTION 15-01364 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS and Recreation RECEIVED SEPTEMBER 28, 2015, PURSUANT TO INVITATION FOR BID NO. 508391, FROM CHOPPER CONSTRUCTION CORPORATION (PRIMARY SUPPLIER), LEADEX CORPORATION (SECONDARY SUPPLIER), AND PLAYSPACE SERVICES, INC. (TERTIARY SUPPLIER) TO PROVIDE PLAYGROUND REPAIR SERVICES, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR A CONTRACT PERIOD OF FIVE (5) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM
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THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED. 15-01364 Summary Form.pdf 15-01364 Bid Tabulation.pdf 15-01364 Corporate Detail.pdf 15-01364 Invitation For Bid.pdf 15-01364 Bid Response.pdf 15-01364 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0488
CA.6 RESOLUTION 15-01365 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2015-2016 ENTITLED "CHILD DAY CARE FOOD PROGRAM", AND ACCEPTING AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT NOT TO EXCEED $78,500.00, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD CARE FOOD PROGRAMS, THROUGH ITS CHILD CARE FOOD PROGRAM ("CCFP") PERMANENT CONTRACT, ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM, CFDA #10.558; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS, AND TO EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID ENTITLEMENT AWARD FOR THE OPERATIONS OF A YEAR-ROUND FOOD SERVICE PROGRAM LOCATED AT THE EATON PARK DAY CARE, LEMON CITY DAY CARE, AND MOORE PARK DAY CARE, FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016, WITH CONDITIONS AUTHORIZING THE EXPENDITURES OF FUNDS FOR THE OPERATIONS OF THE PROGRAM WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENT AWARD IS REDUCED OR INCREASED, AND WITH THE OPTION TO RENEW ANNUALLY UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. 15-01365 Summary Form.pdf 15-01365 Child Care Food Program Delegation 15-01365 Pre-Legislation.pdf 15-01365 Legislation.pdf 15-01365 Exhibit - CCFP Contract.pdf
This Matter was ADOPTED on the Consent Agenda.
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Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0489
CA.7 RESOLUTION 15-01335 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED AUGUST 25, 2015, PURSUANT TO INVITATION FOR BID NO. 505358, FROM TOWER PEST CONTROL, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE PEST CONTROL SERVICES CITYWIDE, FOR VARIOUS USER DEPARTMENTS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY. 15-01335 Summary Form.pdf 15-01335 Bid Tabulation.pdf 15-01335 Award Sheet.pdf 15-01335 Invitation For Bid.pdf 15-01335 Bid Response.pdf 15-01335 Corporate Detail.pdf 15-01335 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0490
CA.8 RESOLUTION 15-01351 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD IN A TOTAL AMOUNT NOT TO EXCEED $141,000.00 ("GRANT") FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("HFSF") FOR THE ADMINISTRATION AND COORDINATION OF HFSF'S LIVE HEALTHY COMMUNITY PARTNERSHIP INITIATIVE IN LITTLE HAVANA ("PROGRAM") FROM OCTOBER 1, 2015 THROUGH DECEMBER 31, 2016; ESTABLISHING AND APPROPRIATING THE GRANT FROM A NEW SPECIAL REVENUE PROJECT FUND ENTITLED "LIVE HEALTHY LITTLE HAVANA INITIATIVE" IN ORDER TO FUND THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD, WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR TERMS AT A NOT TO EXCEED AMOUNT OF City of Miami Page 13 Printed on 12/31/2015 City Commission Meeting Minutes November 19, 2015
$120,000.00, UNDER THE SAME TERMS AND CONDITIONS. 15-01351 Summary Form.pdf 15-01351 HSFS Appendix 15-01351 Legislation.pdf 15-01351 Exhibit - MOU.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0491
CA.9 RESOLUTION 15-01399 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A Economic FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI-DADE Development COUNTY REGARDING THE ADMINISTRATION OF PROJECTS THAT REQUIRE COMPLIANCE WITH THE DAVIS-BACON ACT, SECTION 1, TITLE 40 OF THE UNITED STATES CODE, CHAPTER 31, SUBCHAPTER IV, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01399 Summary Form.pdf 15-01399 Davis-Bacon Act 15-01399 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0492
CA.10 RESOLUTION 15-01475 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Tomas Regalado SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING FOUR (4) USED DESKTOP COMPUTERS FROM THE OFFICE OF THE HONORABLE TOMÁS REGALADO, MAYOR OF THE CITY OF MIAMI, FLORIDA, AS CATEGORY "A" SURPLUS STOCK AND DONATING ONE (1) DESKTOP COMPUTER TO THE MARTIN FINE VILLAS AND THREE (3) DESKTOP COMPUTERS TO THE DE HOSTO'S SENIOR CENTER UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 15-01475 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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R-15-0493
CA.11 RESOLUTION 15-01486 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF MIAMI ("CITY") GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE") ON BEHALF OF MANUEL MEJIDO WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF UP TO FIFTY THOUSAND DOLLARS ($50,000.00) AS FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS, AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED MANUEL MEJIDO VS. CITY OF MIAMI, PENDING BEFORE THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, MIAMI DISTRICT OFFICE, CASE NO.: 846-2015-20995 UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A WITHDRAWAL OF THE PLAINTIFF'S CHARGE AGAINST THE CITY; ALLOCATING FUNDS FROM THE NON-DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 15-01486 Summary Form.pdf 15-01486 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0494
CA.12 RESOLUTION 15-01495 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF PEREZ & RODRIGUEZ, P.A. TO REPRESENT THE CITY OF MIAMI AND GALLAGHER-BASSETT SERVICES, INC., IN TWO (2) CASES STYLED LEONARD LINARDOS VS. THE CITY OF MIAMI., PENDING IN THE OFFICE OF THE JUDGE OF COMPENSATION CLAIMS, CASE NOS.: 11-029646SMS AND 15-01591SMS; ALLOCATING FUNDS FROM THE NON-DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.531010.0000.00000. 15-01495 Memo - Office of the City Attorney.pdf 15-01495 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Adopted the Consent Agenda
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Motion by Commissioner Suarez, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
END OF CONSENT AGENDA
Chair Gort: Consent agenda.
Victoria Méndez (City Attorney): Chairman, I believe that on the consent agenda, there may be one District 2 item. I'm confirming that.
Chair Gort: Which one?
Ms. Méndez: One second, Chair.
Chair Gort: Give us a minute.
Ms. Méndez: Okay, we can go forward with the CAs (Consent Agendas).
Chair Gort: Okay. Do we have a motion?
Commissioner Suarez: So moved.
Chair Gort: It's been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it saying “aye.”
The Commission (Collectively): Aye.
PUBLIC HEARINGS
PH.1 RESOLUTION 15-01306 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "LEEWARD COVE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
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15-01306 Summary Form.pdf 15-01306 Notice to the Public.pdf 15-01306 Legislation.pdf 15-01306 Attachment 1.pdf 15-01306 Exhibit A.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Chair Gort: PH.1. Morning.
Eduardo Santamaria: Ed Santamaria, director of Public Works.
Commissioner Carollo: Mr. Chairman, I think he needs to turn on the mike.
Chair Gort: You got it.
Mr. Santamaria: Good morning, Commissioners. Ed Santamaria, director of Public Works. Before you is PH.1, which is a resolution accepting the proposed plat of Leeward Cove, located along the north side of North Venetian Drive, on Biscayne Island.
Chair Gort: Okay. It's a public hearing. Is there anyone in the public would like to address this issue?
Mr. Santamaria: Commission, this is in District 2. It's not one of the items that --
Unidentified Speaker: It's not a zoning change.
Mr. Santamaria: -- it's not a zoning change, though.
Commissioner Suarez: Move it.
Chair Gort: Anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Been moved by Commissioner Suarez.
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
PH.2 RESOLUTION 15-01346 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ST. GAUDENS ESTATES", A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI, OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND
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INCORPORATED AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 15-01346 Summary Form.pdf 15-01346 Notice to the Public.pdf 15-01346 Legislation.pdf 15-01346 Attachment 1.pdf 15-01346 Exhibit A.pdf 15-01346-Submittal-Iris Escarra-Covenant.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Victoria Méndez (City Attorney): And then, if we could go back to PH.2. Chairman, thank you. I requested a little time to make sure we got proper documentation from the developer's attorney, and we have received a covenant with regard to this, and I believe Ms. Escarra could be more specific.
Chair Gort: Yes, ma'am, you're recognized.
Iris Escarra: Good morning, Chairman, Members of the Board. Iris Escarra, with offices at 333 Southeast 2nd Avenue; joined by Lucia Dougherty and Carlos Lago. We wanted to put into the record the executed agreed upon limited covenant, and introduce it into the record and make it part of the plat record. Thank you.
Chair Gort: Thank you.
Ms. Méndez: And this covenant shall be recorded within 10 days and prior to the final recordation of the plat.
Ms. Escarra: Yes, ma'am.
Ms. Méndez: Thank you.
Commissioner Suarez: So moved.
Chair Gort: It's been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. This is a public hearing. Anyone in the public would like to address this one issue? Seeing none, hearing none, close the public hearing. Questions? Discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Chair Gort: Thank you.
Ms. Escarra: Thank you. City of Miami Page 18 Printed on 12/31/2015 City Commission Meeting Minutes November 19, 2015
Ms. Escarra: Thank you.
PH.3 RESOLUTION 15-01307 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FOR-PROFIT FLORIDA CORPORATION, GRANTING A PERPETUAL, NON-EXCLUSIVE TEN (10) FOOT WIDE EASEMENT OF APPROXIMATELY THREE THOUSAND THREE HUNDRED EIGHT (3,308) SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 1300 NORTHWEST 50TH STREET, MIAMI, FLORIDA, KNOWN AS THE HADLEY PARK YOUTH CENTER, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE AS WELL AS THE SIZE OF AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 15-01307 Summary Form.pdf 15-01307 Notice to the Public.pdf 15-01307 Legislation.pdf 15-01307 Exhibit - Easement.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Victoria Méndez (City Attorney): For PH.2, I'd request that we table this item. I am still requesting from the developer's attorney certain covenants with regard to this property, and if it's not turned in, I would not like this item to go forward today.
Chair Gort: Okay. Second Reading 1.
Daniel J. Alfonso (City Manager): PH.3, easement, FPL (Florida Power & Light).
Daniel Rotenberg: PH.3. Good morning, Commission. Daniel Rotenberg, director of the Department of Real Estate and Asset Management. PH.3 is a resolution authorizing the City Manager to execute a perpetual grant of easement to FPL for a non-exclusive 10-foot-wide easement having to do with Hadley Park Youth Center, as providing utilities to the Youth Center.
Commissioner Suarez: Move it.
Chair Gort: It's been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. It's a public hearing. Is anyone in the public would like to address this issue; anyone in the public? Anyone in the public? No one else? Close the public hearing. Any further discussion? Being none, all in favor, state it by saying
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“aye.”
The Commission (Collectively): Aye.
PH.4 RESOLUTION 15-01334 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Estate and Asset AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF Management EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA OF APPROXIMATELY FIFTEEN (15) FEET IN WIDTH BY ONE HUNDRED THIRTY (130) FEET IN LENGTH RUNNING IN A NORTHWEST/SOUTHEAST DIRECTION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF ("PROPERTY"), FOR A PERPETUAL NON-EXCLUSIVE WATER EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WATERLINE FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF IMMEDIATE POSSESSION AND ENTRY. 15-01334 Summary Form.pdf 15-01334 Notice to the Public.pdf 15-01334 Legislation.pdf 15-01334 Exhibit - Grant of Easement.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PH.4 was continued to the December 10, 2015, Regular Commission Meeting.
END OF PUBLIC HEARINGS
SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading 15-00809 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Planning and Zoning 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00809 Summary Form SR.pdf 15-00809 Legislation SR(v3).pdf 15-00809-Submittal-Barnaby L. Min-Ordinance Version 4.pdf
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Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Sarnoff and Suarez Note for the Record: Item SR.1 was continued to the December 10, 2015, Regular Commission Meeting.
Chair Gort: Next.
Francisco Garcia: Good morning, Mr. Chair and Commissioners. For the record, Francisco Garcia, Planning & Zoning director. Item SR.1 is before you as a second reading item. This was originally presented to you as a package of items pertaining to the Neighborhood Redevelopment District 1, and it is before you today, as amended. The two salient points that have been amended have to do with the extraction of the NRD (Neighborhood Redevelopment District) Zone of the lands that are presently under the Southeast Overtown/Park West CRA (Community Redevelopment Agency) jurisdiction, as well the membership of the board has been changed to reflect that three members shall be appointed by the BID (Business Improvement District) Board of Wynwood, and then one member each shall be appointed by the District 2 Commissioner, and the District 5 Commissioner; and last, but not least is the fact that at least 25 percent -- I will emphasize this -- a minimum of 25 percent of the funds in the trust fund shall be dedicated to affordable housing. That amount can be exceeded, but no less than 25 percent shall be devoted towards that end. I'm happy to answer any questions.
Chair Gort: Thank you.
Vice Chair Hardemon: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Hardemon: This is an item that I would like to continue until our next hearing. I want to hear our new Commissioner's thoughts on this.
Chair Gort: Okay.
Vice Chair Hardemon: So I move to continue to the next meeting.
Chair Gort: There's a motion to move to the next meeting.
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
SR.2 ORDINANCE Second Reading 15-01239 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 14/ARTICLE II/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/DOWNTOWN DISTRICT/DOWNTOWN DEVELOPMENT AUTHORITY", MORE PARTICULARLY BY AMENDING SECTIONS 14-59 AND 14-60 ENTITLED, "ANNUAL BUDGET; SOURCE OF FUNDS" AND "ANNUAL
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AD VALOREM TAX LEVY IN DOWNTOWN DISTRICT; DISPOSITION OF FUNDS", RESPECTIVELY, TO CORRESPOND WITH A CHANGE IN FLORIDA STATUTE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01239 Memo - Office of the City Attorney.pdf 15-01239 Legislation SR.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Chair Gort: SR.2.
Victoria Méndez (City Attorney): SR.2, Chairman, Commissioners, this item basically is bringing in line our City Code with Florida Statutes. During the 2015 regular legislative session, the Senate passed a bill that created reduced maximum millages, and we need to make sure within the DDA (Downtown Development Authority), and we need to make sure that the City complies with those laws, and we're just doing cleanup legislation to be able to provide for that.
Chair Gort: Okay, thank you. Is there a motion?
Commissioner Carollo: Move it.
Chair Gort: Moved by Commissioner Carollo.
Vice Chair Hardemon: Second.
Chair Gort: Second by Commission -- Vice Chairman Hardemon. It's a public hearing. Is anyone in the public would like to address this one issue; anyone in the public? Seeing none, hearing none, close the public hearing. It's an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item SR.2. Commissioner Suarez? Continuing with the roll call. Vice Chair Hardemon?
Vice Chair Hardemon: For.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes.
Commissioner Suarez: Yes.
Mr. Hannon: Commissioner Suarez is a “yes.” Chair Gort?
Chair Gort: Yes.
Mr. Hannon: The ordinance passes on second reading, 4-0.
Chair Gort: Thank you.
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SR.3 ORDINANCE Second Reading 15-01289 District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, David Sarnoff ENTITLED "FLOOD DAMAGE PREVENTION," MORE PARTICULARLY BY CREATING A NEW SECTION 20-17 ENTITLED "FILL PROHIBITION FOR AREAS NOT COVERED BY STRUCTURES" TO PROHIBIT THE FILLING OF LOTS IN AREAS NOT COVERED BY A STRUCTURE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01289 Legislation SR.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Chair Gort: S.4 [sic].
Daniel J. Alfonso (City Manager): Are we going to do SR.3?
Unidentified Speaker: Yes.
Mr. Alfonso: Okay, Commissioners.
The Ordinance was read by title into the public record by the City Manager.
Chair Gort: Thank you, sir. Is there a motion?
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. This is a public hearing. Is anyone in the public like to address this? Seeing none, hearing none, close the public hearing. It's an ordinance.
Mr. Alfonso: Thank you. I read it into the record already.
Todd B. Hannon (City Clerk): Roll call on item SR.3.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
Chair Gort: Thank you, sir.
SR.4 ORDINANCE Second Reading 15-00392
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District 5 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Keon 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Hardemon AMENDED, ENTITLED "PARKS AND RECREATION/IN GENERAL", BY ESTABLISHING A NEW SECTION 38-18 ENTITLED "NAMING OF FACILITIES AT HADLEY PARK", THEREBY NAMING THE YOUTH CENTER AT HADLEY PARK THE "SAMUEL K. JOHNSON YOUTH CENTER"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00392 Legislation SR.pdf
Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Daniel J. Alfonso (City Manager): Commissioner Hardemon has SR.4 and SR.5.
Vice Chair Hardemon: Commissioners, SR.4, as we know, is the renaming -- or the naming, rather, of Hadley Park Youth Center. We asked representatives at the last hearing about this, and it will be naming the Hadley Park Youth Center that's newly being built as the Samuel K. Johnson Youth Center, so I'll move it for acceptance.
Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second?
Commissioner Carollo: Second.
Commissioner Suarez: Second.
Chair Gort: Second by Commissioner Carollo. This is a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. Roll call.
Todd B. Hannon (City Clerk): Madam City Attorney, would you like to read the title into the record?
Victoria Méndez (City Attorney): And this is the Hadley Park.
Vice Chair Hardemon: SR.4.
Mr. Alfonso: Yes.
The Ordinance was read by title into the public record by the City Manager.
Mr. Hannon: Roll call on item SR.4.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
SR.5 ORDINANCE Second Reading 15-01277
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District 5 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Keon 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Hardemon AMENDED, ENTITLED "PARKS AND RECREATION/IN GENERAL", BY ESTABLISHING A NEW SECTION 38-18 ENTITLED "NAMING OF FACILITIES AT HADLEY PARK", THEREBY RENAMING THE MILLER J. DAWKINS OLYMPIC SWIMMING POOL COMPLEX IN HADLEY PARK TO THE "MILLER J. AND NANCY S. DAWKINS OLYMPIC SWIMMING POOL COMPLEX"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01277 Legislation SR.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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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Chair Gort: SR.5 was deferred, right?
Vice Chair Hardemon: Yeah. SR.5 is a similar item; however, it is adding the name of Ms. Dawkins, the late Commissioner's wife, to the pool there, so if I read this ordinance --
The Ordinance was read by title into the public record by Vice Chairman Keon Hardemon.
Vice Chair Hardemon: And particularly, what's going to follow after this is a lot of fixing of that pool. There's a lot of things that need to be done to bring that pool back to its original grandeur. So I know I have your support in that, but I move that we accept this.
Commissioner Suarez: Second.
Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. It's a public hearing. Anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. It's well deserved. Roll call.
Mr. Hannon: Roll call on item SR.5.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
SR.6 ORDINANCE Second Reading 15-01238 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTION 40-191 ENTITLED "DEFINITIONS", TO AMEND THE DEFINITION OF POLICE OFFICER AND SECTION 40-203 ENTITLED "BENEFITS" TO CLARIFY CHANGES TO THE BENEFICIARIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
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15-01238 Summary Form SR.pdf 15-01238 Actuarial Impact Statement.pdf 15-01238 Legislation FR/SR.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
END OF SECOND READING ORDINANCES
FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading 15-01389 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE I/SECTION 54-6.3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/SPECIAL EVENTS", TO INCLUDE A PROCEDURE TO CALCULATE FEES FOR SPECIAL EVENTS OF LESS THAN TWENTY-FOUR (24) HOUR DURATION FOR THE USE OF THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01389 Summary Form SR.pdf 15-01389 Special Events Log FR/SR 15-01389 Legislation SR.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Chair Gort: SR.6.
Victoria Méndez (City Attorney): SR.6 --
Daniel J. Alfonso (City Manager): That was deferred.
Ms. Méndez: -- was deferred.
Mr. Alfonso: FR.1.
Eduardo Santamaria: Once again, Commissioners, Ed Santamaria, director of Public Works. FR.1 is an ordinance amending City Code Chapter 54 to include a procedure to calculate fees for special events for use of the public right-of-way of less than 24-hour duration.
Chair Gort: Okay.
Commissioner Suarez: Move it.
Chair Gort: Moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
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Chair Gort: Second by Commissioner Carollo. It's a public hearing. Anyone in the public would like to address this one issue? Seeing none, hearing none, close the public hearings. Roll call.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item FR.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
FR.2 ORDINANCE First Reading 15-00998 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 62/ARTICLE IX/SECTION 62-259 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/URBAN DEVELOPMENT REVIEW BOARD/PROCEEDINGS", TO COMPLY WITH CURRENT CITY OF MIAMI AND STATE OF FLORIDA RULES AND REGULATIONS REGARDING MEETINGS AND ALLOWING THE PUBLIC A REASONABLE OPPORTUNITY TO BE HEARD AND MAKING CERTAIN OTHER CLARIFYING TECHNICAL CHANGES AS PROVIDED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. 15-00998 Memo - Office of the City Attorney SR.pdf 15-00998 Legislation SR.pdf 15-00998 Back-up from Law Dept FR/SR.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Victoria Méndez (City Attorney): SR.2.
Daniel J. Alfonso (City Manager): FR (First Reading).
Ms. Méndez: FR.2.
Chair Gort: FR.2.
Ms. Méndez: I'm going -- okay. This item is basically having to do with the UDRB (Urban Development Review Board). Right now, there is language in the City Code that seemingly prevents the public to speak, even though that never happens at that Board, but just so that we could clarify in the Code that the public is allowed to speak, pursuant to Florida Statutes, and that they have an access, obviously, to the Boards. We're making sure that this language is deleted from our City Code, so it's cleanup legislation.
Chair Gort: Okay, thank you. It's a public hearing. Is anyone in the public would like to address this issue? Seeing --
Brenda Betancourt: Good morning.
Chair Gort: Morning.
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Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I was just trying to find out, are this is going to be just for that specific board, or it's going to be in all the boards of the City of Miami has [sic]?
Ms. Méndez: This is the only board that has that confusing language, so we're just clearing that up, but all boards within the City of Miami provide access to the public; it was just cleaning it up on our legislative end.
Ms. Betancourt: Thanks.
Chair Gort: Thank you. Anyone else?
Francisco Garcia (Director, Planning & Zoning): Begging your indulgence, I simply wanted to make a brief statement regarding this item.
Chair Gort: Sure.
Mr. Garcia: The reason why this board is -- has been historically treated somewhat differently in terms of the language in the Code is because it is advisory, indeed, but advisory to the Planning & Zoning Department in making findings and conducting reviews of large-scale development proposals, so it is advisory, but advisory to the Planning & Zoning Department. And I want to reiterate the point made by the City Attorney, which is that the history of the UDRB certainly has been to entertain comments and feedback from the public, as well, so in that regard, we're in good standing. Thank you.
Chair Gort: Thank you. FR.3.
Todd B. Hannon (City Clerk): Chair, is there a motion?
Commissioner Suarez: So moved.
Chair Gort: It was moved before, is it?
Commissioner Suarez: Yeah, move.
Mr. Hannon: No --
Chair Gort: Sorry, my apologies.
Commissioner Carollo: Second.
Chair Gort: Commissioner Suarez moved it; second by Commissioner Carollo. Any further discussion? Being none.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: Roll call on item FR.2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
FR.3 ORDINANCE First Reading 15-01309
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Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 10/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/UNSAFE STRUCTURES", MORE PARTICULARLY BY AMENDING SECTION 10-101, ENTITLED "UNSAFE STRUCTURES PANEL", TO CLARIFY APPELLATE RIGHTS FOR PARTIES AGGRIEVED BY THE DECISION OF THE CITY OF MIAMI'S UNSAFE STRUCTURES PANEL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-01309 Memo - Office of the City Attorney SR.pdf 15-01309 Legislation SR.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Chair Gort: FR.3.
Victoria Méndez (City Attorney): FR.3 is also clarifying language, Chairman and Commissioners. It has to do with the Unsafe Structures Board. During our notification process, we always notice all interested parties of any intention for demolishing a property, and this is just clarifying in our City Code that any owner or interested party aggrieved by any decision has the opportunity to appeal. It's just clarifying language in our Code. Thank you.
Chair Gort: Thank you. Do I have a motion?
Commissioner Carollo: So move.
Chair Gort: Moved by Commissioner Carollo.
Commissioner Suarez: Second, second.
Chair Gort: Second by Commissioner Suarez. It's the public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearing.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item FR.3.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
Chair Gort: Thank you.
FR.4 ORDINANCE First Reading 15-01398 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 29-124, TO AMEND THE WATERFRONT ADVISORY BOARD'S QUORUM REQUIREMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
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PROVIDING FOR AN EFFECTIVE DATE. 15-01398 Summary Form FR.pdf 15-01398 Legislation FR.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item FR.4 was deferred to the January 14, 2016, Regular Commission Meeting.
Daniel J. Alfonso (City Manager): FR.4.
Chair Gort: 4.
Mr. Alfonso: Commissioners, FR.4 is a request to reduce the required quorum from six members to five members for the Waterfront Advisory Board. This request is based on the attendance that we get on that meeting on a regular basis.
Chair Gort: Okay. You want to read the ordinance?
Mr. Alfonso: I'll read it into the record.
The Ordinance was read by title into the public record by the City Manager.
Chair Gort: Thank you, sir.
Vice Chair Hardemon: I move to --
Chair Gort: Public hearing. Is anyone in the public would like to address this issue? Yes, ma'am.
Brenda Betancourt: Good morning again. Brenda Betancourt, 1436 Southwest 6th Street. Just a question to the -- if the board members are representative of the Commissioners, and there are not present, the Commissioner have -- can replace them? Is any way that if you have -- you know, like we call it in the County committees, if you have dead bodies, you can always replace them. And if they not going to provide the service that we need it as a committee, so is any way that any statutes that say that if they miss something, a specific time, that they can be replaced? You know, I think it's plenty people in the -- as a resident they will -- more than glad to work on the committees for a better -- of the City.
Chair Gort: Thank you. Madam.
Victoria Méndez (City Attorney): Yes, there are specific sections that allow for when there are several vacancies, or when there are too many absences in a board that they can be replaced by the Commissioners, and that is brought to their attention, and then they name new persons.
Chair Gort: Anyone else? Do I have -- yes, sir.
Steve Wernick: Mr. Chair, Steve Wernick; address, 2501 Swanson Avenue in Coconut Grove. I'm the volunteer chair of the Waterfront Advisory Board. The one other thing I would add is there are other boards in the City of Miami that have quorums as low as three members, so the -- it's only a one-seat reduction, and it's still higher than some of the other boards, and I think it'll allow us to make more recommendations to this Commission on the items that are presented before us. Thank you.
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Chair Gort: At the same time, my suggestion, Mr. Clerk, let us know the people that are missing, and we can be -- they can be removed.
Todd B. Hannon (City Clerk): Yes, sir.
Chair Gort: And replaced.
Mr. Hannon: We do put that in our report to the Commission when it comes to your board appointments.
Chair Gort: Thank you. Vice Chairman Hardemon, you're recognized.
Vice Chair Hardemon: Yes. I guess this Commission knows how I feel about reducing quorums. I think when you reduce a quorum, you're doing a disservice to that voting body, because now, you're having a vote passed -- no matter which body it is -- you're having a vote passed without meeting the actual number that signifies a quorum in that body, so I'm against this type of item; and being against it, I would like to take the first shot at moving to deny FR.4.
Chair Gort: There's a motion to deny. There's a motion to deny.
Commissioner Suarez: Let me -- before deciding whether to -- before deciding to -- what action to take, can I ask a question, Mr. Chair?
Chair Gort: Yes, sir.
Commissioner Suarez: So I'm a proponent of smaller boards, just generally speaking. You know, the quorum component of a board is different from the actual composition of the board. The compo -- you know, the quorum component is the minimum number of board members that are needed to vote and take action on behalf of the board, and I understand your argument on that front. I think Mr. Wernick's presentation is reflective of the fact that maybe they're having issues. I could tell you right now, today, the MPO (Metropolitan Planning Organization), which I sit on and I'm the Vice Chair of, had to be cancelled, because there wasn't enough, you know, members for quorum, which is terrible, considering the fact that traffic is probably the number one issue in Dade County; it's embarrassing. So I don't know if -- you know, I think we've talked about this before. This is not the first time we've talked about this, and not the first time you've expressed this angst, but I wonder if maybe we can consider -- maybe you would consider or your board would consider if we change the actual composition of the board, so we accomplish the same thing, not through reducing a quorum, which is the minimum number of board members to take action, but actually changing the composition of the board, which essentially has the same effect. Is that something that would be considered?
Mr. Wernick: I think that's a great idea. I think there are many ways to tackle the issue. I think right now, there are 12 positions. Each of the Commissioners has two appointees. The Mayor has two appointees. We have some vacancies. Perhaps today, there may be some appointments made.
Commissioner Suarez: Right.
Mr. Wernick: But I mean, I think there's certainly nothing wrong with continuing the item --
Commissioner Suarez: Yeah.
Mr. Wernick: -- studying it. Maybe there are some other aspects of the ordinance that can be looked at and --
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Commissioner Suarez: Mr. Chair, if I may?
Mr. Wernick: -- in any case.
Chair Gort: Yes.
Commissioner Suarez: I would say if -- you know, with -- in respect to my colleague, Commissioner Hardemon's motion, I would respectfully request maybe that we defer this. Actually, we have a new Commissioner coming onboard soon, and, you know, maybe we can look at an alternative to maybe shrinking the size of the board if quorum is an issue. We can maintain the integrity of your argument that we don't just diminish the quorum of the board just to get things done, but maybe we actually, you know, change the composition of the board to make it such that it's the same percentage of people that constitute a quorum, so that your argument is still valid, but, you know, but we're able to get things done, because I think the problem is, you know, obviously, if we don't have enough members to meet, then that's a problem.
Vice Chair Hardemon: And what's interesting about that is that you go from -- you could potentially have less people that create a quorum if you reduce the number of the voting members, so you -- if you're going from 12 members to, say, for instance, six, quorum now becomes three, right? It was like three? I forget. Seems like --
Chair Gort: Four.
Vice Chair Hardemon: Is it four? Four. Quorum becomes four. Passing it, passing the item is three.
Commissioner Suarez: Right.
Vice Chair Hardemon: Which is much different from what you had.
Commissioner Suarez: Right.
Vice Chair Hardemon: You know, the way we're trying to do it today, so I'm fine with that.
Commissioner Suarez: Okay, yeah. And I'll say another thing: I don't -- I'm not in favor of even-numbered boards. I don't know how you have a 12-member board. I mean, that -- you don't have a tie-breaker, so you can have six-six. And we had that happen to us at the MPO, where there was a 10-10 vote, which is a failure, you know, which is a “no” vote, but I don't like even-numbered boards, either, so maybe we can talk about that, too.
Chair Gort: So the maker of the motion, will you --
Commissioner Suarez: Yeah, that's fine.
Chair Gort: -- retract your motion and you --?
Commissioner Suarez: How much time do you think, Madam Attorney and Clerk, do you think you would need to sort of think about the structure?
Ms. Méndez: I would ask that it's not placed on the December 10 agenda.
Commissioner Suarez: Okay.
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Ms. Méndez: That's what I ask.
Commissioner Suarez: I'll --
Chair Gort: We got plenty already.
Commissioner Suarez: I'll move it to the first meeting of January.
Ms. Méndez: That's doable.
Chair Gort: Look, my understanding is there's other organization that working on the same items, and maybe somehow, they can be brought together, both of them, and come up with something, okay?
Mr. Alfonso: Fair enough, Mr. Chairman. Thank you.
Chair Gort: Get together with the individuals and let's come up with a plan, okay?
Commissioner Suarez: Thank you.
Chair Gort: There's a motion to defer. Is there a second? First meeting in January. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
FR.5 ORDINANCE First Reading 15-01413 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED “BUILDINGS/IN GENERAL,” MORE PARTICULARLY BY AMENDING SECTION 10-5, TO DEFER BUILDING PERMIT FEES FOR AFFORDABLE AND WORKFORCE HOUSING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-01413 Legislation FR.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item FR.5 was continued to the December 10, 2015, Regular Commission Meeting.
FR.6 ORDINANCE First Reading 15-01513
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District 3- AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING CHAPTER Commissioner Frank 37-12 TO CHAPTER 37 "OFFENSES - MISCELLANEOUS", OF THE CODE Carollo OF THE CITY OF MIAMI, FLORIDA, ENTITLED "PUBLIC SAFETY AND UNMANNED AIRCRAFT SYSTEMS ("UAS") COMMONLY KNOWN AS DRONES", FOR THE PROTECTION OF CITIZENS ENGAGING IN LARGE PUBLIC VENUE EVENTS FROM UAS AND REGULATING THE FLYING OF UAS IN CERTAIN AREAS OF THE CITY OF MIAMI BY CREATING REQUIREMENTS FOR REGISTRATION, AND PERMITTING OF UAS, AND ENFORCEMENT OF VIOLATIONS FOR UAS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01513 Legislation FR.pdf 15-01513 Fed Aviation Admin Information 15-01513 Legislation SR (v2).pdf 15-01513-Submittal-Rick Wygant-Testimony regarding Drones.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman and members of the Commission, this legislation that I'm bringing before you seeks to balance public safety and the new technological equipment, such as drones. Miami being one of the largest cities in the United States offers numerous outdoor events, which bring together our residents and, at the same, attract tourists from around the globe. We must ensure the safety of people attending these nationally and internationally known events, which are televised and/or streamed live around the world; events such as New Year's Eve, Calle Ocho Festival, Miami Boat Show, Art Basel; we have the Book Fair going on right now, just to name a few. Now, it is predicted that drones will be one of the hottest gift items during the holidays, and I'm trying to be proactive with this drone legislation to avoid a tragic incident before it happens. We need to give local authorities resources to protect the public from this new technological equipment. Drones can be considered a motor vehicle of the air, so in case of an incident in the City of Miami, we would like the ability to, number one, locate the owner/operator of the drone; be able to use it as a tool to stabilize and bring the drone down in a safe manner; ensure the safety of the people of our City. Miami should be at the forefront of such legislation, being one of the biggest and most visited cities in the United States. If Miami truly wants to be a -- leading in technology or considered a tech hub for cutting-edge technology, as we have upheld to be, then we, as a city, need to maintain this image and pass this legislation. We will be the first in the state and one of the first in the nation to pass this type of legislation. With the potential of threat of drones increasing because of accessibility, such legislation should be and needs to be done. I realize that this is only the first reading, and I welcome your comments and feedback in order to get this done. At the same time, I also want to ask Officer Marcos Perez, with the Office of Emergency Management and Homeland Security, if he will come up and speak on behalf of this legislation. I have been working with Officer Perez on this legislation. As a matter of fact, he actually was the person who provided the backup that you have with the FAA (Federal Aviation Administration) materials. So Officer Perez, if you would, please.
Marcos Perez: Sure. Good afternoon, Commissioners, Mr. Mayor. Thank you very much for inviting me here today. It's all about a public safety. Miami is the cutting edge. We were the first department to have computers in our police cars, and we will be, hopefully, if this gets passed, one of the first entities in the country and the State of Florida to have an anti-drone equipment available to us. It's all about public safety. We can't afford in our community to have a drone to go down during a -- like the 31st of December. Hundreds of millions of people will have their eyes on Miami. I give you a good example. The U.S. Open, we had a drone go down. No one was hurt; yet, it made international news. It's up to us as a community to try to protect
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our people here. People come down to downtown Miami to free event. They have a certain expectation of protection, something as simple as drone protection. We're not looking to seize the drone; we're looking to confiscate and educate the people, setting up an educational program to educate them on how to properly use them and use these drones. I'm a drone owner, and I understand that when they first sold you the drone, they just gave you a drone. They didn't give you any instructions at all. But I mirror this image to bicycles. Bicycles, you have to wear a helmet, you have to have a belt, you have to have a light. If I drive that bicycle reckless to a park, an officer can stop me and educate me about these things. This is what we're asking for.
Commissioner Carollo: Thank you, Officer.
Chair Gort: Thank you, sir.
Commissioner Carollo: Commissioners, do you have any questions or --?
Commissioner Suarez: I'll second your motion.
Commissioner Carollo: Okay. I move it.
Commissioner Suarez: Second.
Commissioner Carollo: And at the same time, there is some tweaking that we may do between first and second reading --
Chair Gort: Yes.
Commissioner Carollo: -- with regards to either confiscation as opposed to -- or impounding as opposed to confiscation, because let me be clear. The intent here is not the enforcement part. It's actually the public safety part. If you see a drone flying in one of these events close to a tree and you know that they're getting too close and it's going to hit the tree and it's going drop on personnel, we want to give that tool to our local law enforcement to be able to go and actually act and make sure that they could upheld public safety. So we're looking at the public safety aspect; not to mention that, like I mentioned before, it's going to be one of the hottest gift items this year.
Officer Perez: Absolutely.
Commissioner Carollo: And I think we need to be able to regulate and not have 10, 15, 20 drones flying over an event. Like, for instance, New Year's Eve, as many of you know already, Pit Bull will be doing his New Year's Eve event live from Bayfront Park in our downtown Miami. It's a show that will be televised nationally, and the last thing we need is to have any type of incidents. So, again, Miami needs to be in the forefront of this new technological era, and you know, I ask for everyone's support.
Chair Gort: Let me tell you, the -- I think it's the right time. This all began as a toy for kids. Today, it's no longer a toy. It's being utilized by a lot of people. It could be utilized by terrorists. What I would like in the second reading, I'd like to get a plan by the Miami Police Department, how they're going to enforce this and how they're going to apply it and how we're going to educate the community, because like it was stated before, if you can see the TV (television) ads today, all they're selling is the drones, and this could be very dangerous. It could be used for sabotage. It could be used for many things, so we really have to look over it. So I want to have something from you all telling me how we're going to enforce this, which is very important. I mean, we have a lot of codes in there, but they're not enforced.
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Officer Perez: Yeah, absolutely.
Chair Gort: I want to make sure we can enforce this one.
Officer Perez: Right now we have some current technologies available to us. Our Chief will explain.
Deputy Chief Luis Cabrera: Mr. Chairman, to answer your question, we will continue working with the Law Department now for the second reading. We will identify standard operating procedures that will be able to not only bring forward when we bring it up for the second reading, but also identify what steps we're going to take to ensure we curtail further incidents and protect the public.
Chair Gort: Thank you.
Commissioner Carollo: Thank you.
Officer Perez: Thank you.
Chair Gort: Commissioner Carollo --
Commissioner Carollo: Yeah. Mr. Chairman --
Chair Gort: -- let's get this one.
Commissioner Carollo: -- and you have a valid question, and by -- between first and second reading, we will bring that, and we will bring examples, but I could tell you that we're focusing on giving them the tool for public safety. In other words, there is new technology right now that could bring a drone down without having to shoot it, without having to do any drastic measures. Obviously, if I'm talking about public safety, I want to be thinking about, you know, shooting at a drone or anything, but there is technology right now that if we see that there's a drone that needs to come down, we could safely bring it down and make sure that the -- you know, we upheld the public safety. And I don't know if Mr. Perez would like to speak about that or we could wait for second reading and show what they do.
Officer Perez: We've already been in contact with two companies. It's like a tracking device for a drone that you'd actually take control from it, bring it off to the side, and drop it down. We also had discussion on what if you have multiple drones. Well, if they follow the regulations, we know who they are; we have contact information; we can move them off to the side; identify the drone that's flying illegally, and target them and bring them down safely to the side.
Chair Gort: So we also have to inform the individual how to proceed to go ahead and register with you all.
Officer Perez: Absolutely.
Chair Gort: We got to have that in place also.
Officer Perez: Absolutely.
Chair Gort: Okay.
Commissioner Carollo: Absolutely. And to go to a step to what you're saying, Mr. Chairman, at the time that they register and they apply for a permit, that's part of the education process. That's when they'll be receiving FAA rules, and what to do, what not to do, what can you do,
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what you cannot do, and that's part of the education process.
Chair Gort: Okay. Thank you. Anyone in the public would like to address this one issue? Anyone in the public? Seeing none, hearing none, close the public hearings. It's an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call --
Chair Gort: Thank you, ma'am.
Mr. Hannon: -- on item FR.6.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 3-0.
Chair Gort: Thank you. We now --
Ms. Méndez: To clarify, is this going on the December 10 agenda?
Commissioner Carollo: Yes, please.
Chair Gort: They're going to be ready?
Ms. Méndez: Thank you. Yes.
Commissioner Carollo: Prior to New Year's Eve.
Commissioner Suarez: Before Christmas.
Chair Gort: Okeydoke.
Commissioner Carollo: Yeah, prior to New Year's Eve.
Chair Gort: Go back to P &Z.
Commissioner Carollo: Thank you, Officer Perez.
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 15-01301 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire-Rescue SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2015 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") URBAN SEARCH & RESCUE ("USAR") COOPERATIVE AGREEMENT", AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,244,082.00, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE-RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, AND
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MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 15-01301 Summary Form.pdf 15-01301 Back-Up Document.pdf 15-01301 Legislation.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0498
Chair Gort: FR.6.
Todd B. Hannon (City Clerk): Sir, that's time certain for 3 p.m.
Chair Gort: I don't have the time certain sheet. What time is this for?
Commissioner Carollo: 3 p.m.
Chair Gort: 3 p.m.? Okay. Thank you. RE.1.
Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Deputy Fire Chief, Department of Fire Rescue. RE.1 is a resolution requesting the establishment of a special revenue project entitled “2015 DHS FEMA Urban Search & Rescue Cooperative Agreement,” in the amount of 1,244,082 for the purpose of training, equipping and continuing to support the state of readiness of Florida Task Force II, our Urban Search & Rescue Team. I'd be pleased to answer any questions you may have.
Chair Gort: Thank you. Is any questions? Discussion? Is there a motion?
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Gort: Moved by Commissioner Carollo; second by Commissioner Suarez. Being no further discussion, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.2 RESOLUTION 15-00754 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED JUNE 8, 2015, FROM VARIOUS PROPOSERS AS IDENTIFIED IN "EXHIBIT A", ATTACHED AND INCORPORATED, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 495344, FOR COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL
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CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING IN ACCORDANCE WITH THE RFQ, THE ABILITY TO ADD QUALIFIED FIRMS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 15-00754 Summary Form.pdf 15-00754 Memo - Manager's Approval.pdf 15-00754 Corporate Detail.pdf 15-00754 Invitation for Bid.pdf 15-00754 Legislation.pdf 15-00754 Exhibit A.pdf 15-00754 Exhibit - Agreement.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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0499
Chair Gort: RE.2.
Joseph Zahralban (Deputy Fire Chief, Department of Fire): Thank you.
Mario Nunez: Good morning, Mr. Commissioners. Mario Nunez, director of Solid Waste. The nature of this item is to establish a -- non-exclusive commercial franchise agreements with various qualified proposers, and to provide commercial solid waste collection and hauling services for an initial period of five years, with three one-year renewal options. Eleven haulers applied for the process, and the list is attached to the packet.
Chair Gort: Thank you, sir.
Vice Chair Hardemon: May I ask a question?
Chair Gort: Yes, sir.
Vice Chair Hardemon: No additional names have been added to the list, correct?
Daniel J. Alfonso (City Manager): Not at this time.
Vice Chair Hardemon: Okay. So moved.
Commissioner Suarez: Second.
Chair Gort: Been moved by Vice Chairman Hardeman; second by Commissioner Suarez. Any further discussion? Yes, sir.
Mr. Alfonso: Yes. Mr. Chairman, for the record, since the question was asked, no additional names have been added to this list. This is the 11 that applied. There is a request, but by a hauler who did not participate, to be added to the list. The Administration is considering that, since the contract does allow for adding other vendors, based on the fact that we have less vendors than we've had in the past, and the fact that the amount of work is increasing; that is something that is allowed. We will bring that separately to this Commission to consider in December.
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Chair Gort: Thank you, sir. Okay. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Chair Gort: Thank you.
RE.3 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, FLORIDA, 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 Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0500
Chair Gort: RE.3.
Daniel Rotenberg: Good morning. Daniel Rotenberg, director, Department of Real Estate & Asset Management. RE.3 is a resolution authorizing the City Manager to execute the Interlocal Agency Agreement between the City of Miami and Miami Parking Authority; authorizing the City Manager to execute the Parking Facilities Agreement. It's between the City, MPA, (Miami Parking Authority) and Grove Bay Investments, LLC (Limited Liability Company). This is assigning the obligation to construct and operate the parking garage on the project located at 3385-3349 Pan American Drive and 3351 and 3377 Charthouse Drive.
Commissioner Suarez: So moved.
Chair Gort: It's been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second; discussion.
Chair Gort: Second by Commissioner Carollo. Discussion. You're recognized, Commissioner.
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Commissioner Carollo: Thank you, Mr. Chairman. I have a few questions. Mr. Director, I just want to verify. So we're going from 497 spaces to 333 spaces in the parking garage, but now we're adding a surface parking lot for -- I think it's 80 spaces?
Mr. Rotenberg: It's 80 spaces; that is correct, sir.
Commissioner Carollo: And it will be paid to that trust fund, 12,000 per space, as opposed to 10,000 per space?
Mr. Rotenberg: That's also correct.
Commissioner Carollo: Correct? Let me ask you something. Do we know the cost of building the parking garage and the surface lot? In other words, is the $12,000 per space going to cover that?
Mr. Rotenberg: It's -- no. The actual construction of the garage is going to be almost double that actual cost. MPA is paying for the rest of it.
Commissioner Carollo: MPA is going to pay for it, and how is MPA going to pay; what funds are they -- going to be used to pay for the extra?
Daniel J. Alfonso (City Manager): MPA is using MPA funds. I mean, they --
Commissioner Carollo: Well, you know that MPA funds is really City funds --
Mr. Alfonso: Well --
Commissioner Carollo: -- because --
Mr. Alfonso: I understand that, sir. They have capital funds. Perhaps we can request that this item be tabled until we can get the MPA director here to discuss it. Oh, you got it? Okay, thank you.
Rolando Tapanes: Rolando Tapanes for the record; director of Planning & Development. The funds that will be used from the MPA will be funds that, as correctly stated by Mr. Alfonso in our capital budget, and would be coming from the sale of the Oak Avenue Garage.
Commissioner Carollo: And what was the amount of the sale of the Oak Avenue Garage?
Mr. Tapanes: $16 million.
Commissioner Carollo: I'm sorry, could you say that again?
Mr. Tapanes: $16 million.
Commissioner Carollo: And from those $16 million, how much of that monies are you looking for this parking garage?
Mr. Tapanes: The proposed budget for this garage is $8 million.
Commissioner Carollo: It's $8 million, so approximately four will come from Grove Harbor, and the other four will come from you guys?
Mr. Tapanes: That is correct.
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Commissioner Carollo: And with regards to the sale of the Oak Parking Garage, what's going to happen with the rest of the monies?
Mr. Tapanes: Some of those monies are being returned to the Coconut Grove BID (Business Improvement District), because they made a contribution for the construction of the Oak Avenue Garage, and the additional monies are going to some other projects in Coconut Grove, specifically for parking; and additional to that, my understanding is that the remainder will be used for the proposed Playhouse Garage, which is planned for the western part of the Grove.
Commissioner Carollo: Is there a way to get an itemized list of that and who's making the determination where all that money is going to?
Mr. Tapanes: I'm sure we can.
Commissioner Carollo: So the estimated cost is $8 million, correct?
Mr. Tapanes: Correct.
Commissioner Carollo: What if there's overruns? Who's going to pay for the overruns?
Mr. Tapanes: It would be MPA.
Commissioner Carollo: MPA. From your capital funds, or from monies from that sale?
Mr. Tapanes: That would be what we anticipate; however, we would most probably bid this out as a contract-certained construction contract for the --
Commissioner Suarez: At risk.
Mr. Tapanes: -- the contractors, at risk, exactly.
Commissioner Carollo: What certainty can you give me that this could be built before January 1, 2018? And the reason being is because if it's built before January 1, 2018, the minimum payment should be $2 million; if it's after that, it's 1.9 million; and if it's after June 1, 2018, I believe it goes down to 1.8 million. So what certainty does MPA have to give us that they could build it before January 1, 2018?
Mr. Tapanes: As per the agreement that is prior -- the resolution and the agreement that come attached to the resolution, we would need to have a building permit, and begin before November of next year; having done so, if we begin before November, which we feel confident that we will, definitively, we'll be done with the construction prior to the date that you're asking me, Commissioner.
Commissioner Carollo: Do you have a timeline or anything? Do you have some type of scheduling or timeline to -- something more of substance to know that we're going to make that deadline? Because, as I look in our backup, I don't see any of that.
Mr. Tapanes: Are we referring to the deadline for the building permit, or for the construction project?
Commissioner Carollo: Either way, your timeline as -- we should request the building permit such and such date, it should take approximately “X” number of months to receive it, or “X” number of weeks, whatever it is; therefore, we should get it by this date, and then from this date, we could start, and so on and so forth, and some type of timeline in order to get comfortable that we will be receiving $2 million as opposed to $1.8 million. And with that said, with regards to
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the $2 million, to the 1.9 or 1.8, which I'm assuming it's going to be $2 million, who will be receiving that? Will that be MPA, or would that be the City, for the minimum payments?
Mr. Rotenberg: The base rent of the parking is going to go to the MPA. The retail liner, the income from the building, itself, that's going to have the retail space will be going directly to the City.
Commissioner Carollo: Question: Is the $2 million just the parking, or is it both, or what's the makeup?
Mr. Rotenberg: The $2 million is the parking, the additional -- there'd be 40,000 to 60,000 square feet of space built as a retail liner; out of that, there is going to be a $10 per-square-foot charge that goes directly back to the City.
Commissioner Carollo: So in other --
Mr. Rotenberg: Two million goes to the MPA.
Commissioner Carollo: So the 2 million goes to the MPA, and then we will be receiving additional revenues for the retail is what you're saying?
Mr. Alfonso: Time out, time out, Commissioner. Please, I don't think the question was clear. Just --
Mr. Rotenberg: I'm sorry. The $2 million payment goes to the City. The parking -- any of the parking income goes to the MPA. The $2 million is the agreed base rent.
Commissioner Carollo: I understand that but -- so it includes the retail and the parking?
Mr. Rotenberg: Yes.
Mr. Alfonso: Okay, let me --
Commissioner Carollo: I thought the --
Mr. Alfonso: The base rent, once the garage is built, goes to 2 million. The retail is in addition.
Mr. Rotenberg: That is correct.
Mr. Alfonso: Thank you.
Mr. Rotenberg: Perhaps -- I'm sorry for not understanding the question.
Commissioner Carollo: Okay. And just to confirm, Mr. Manager, could you just repeat that, please?
Mr. Alfonso: Okay. The base rent for the garage and the retail, not in the garage, but the other stuff -- the restaurants and all that stuff -- goes to 2 million, and --
Commissioner Carollo: If it's built by January --
Mr. Alfonso: Yes, that is correct.
Commissioner Carollo: -- before January 1, 2018.
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Mr. Alfonso: That is correct. And the retail space in the facility, the parking facility, will be going to the City.
Commissioner Carollo: In addition to the 2 --?
Mr. Alfonso: Yes, sir.
Mr. Rotenberg: Yes.
Commissioner Carollo: And -- but we haven't estimated what that would be.
Mr. Rotenberg: We can't until the tenants are in, and until we know what -- the base rent, and until we know what the charges are.
Commissioner Carollo: Understood. A side question, and which I believe is going to be more towards our Finance director, our Finance Department: It stipulates that within 15 days, but, realistically, when you look at the additional 45 days or so, within 60 days, will we be able to turn over the escrow amount with regards to the Parking Trust Fund for the construction? Because after -- so I don't know if that's a reasonable amount of time, and I want to verify from our Finance director or Finance Department, because if not, we're going to be charged interest, and I want to make sure that the City is not charged interest. And it's in 6.4 of the --
Commissioner Suarez: Yeah, which one is it?
Chair Gort: Who's going to answer?
Mr. Alfonso: Yes, sir, we can answer. We can, within 45 days, release the funds.
Commissioner Carollo: So what -- so I guess my question is, I want to make sure. I don't -- listen, I have noticed in governments, there's usually a lot of bureaucracy, so what I'm saying is, do you have sufficient time so that we don't start getting --
Mr. Alfonso: Yes.
Commissioner Carollo: -- charged interest?
Mr. Alfonso: Yes, Commissioner. We will not incur interest. We will get it done timely.
Commissioner Carollo: I want to verify that this 2015 Parking Agreement, even though it supersedes certain items in the 2013 agreement, doesn't supersede everything in the 2013 agreement; more specifically, the CPI (Consumer Price Index) escalation, the hiring of City of Miami residents, and so forth. And I don't know if you understand my question.
Mr. Rotenberg: There is a article, Article -- I guess it's 3.4(b) that addresses that, agreed accommodations. It does address some of what you just said, but not everything. It addresses the items that were past the deadline that we had to readdress.
Commissioner Carollo: Okay. And I want to make sure there's clarity. I understand that this Parking Agreement supersedes some items in 2013. It specifically stipulates which items, but I want to make sure that the other items that it doesn't stipulate maintain as in 2013.
Mr. Rotenberg: I can do that if you want me to.
Commissioner Carollo: I mean, I don't mind. I'll yield to the City Attorney.
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Chair Gort: Madam Attorney.
Victoria Méndez (City Attorney): Whatever is replaced by this agreement is replaced. Whatever is not mentioned is still in effect.
Commissioner Carollo: Okay, and that's exactly my question. Whatever is not mentioned is still in effect, as it was in the agreement that we voted on in 2013?
Ms. Méndez: Correct.
Commissioner Carollo: Okay. So the CPI escalation, the hiring, all that --
Mr. Alfonso: Stays.
Commissioner Carollo: -- stays exactly the same?
Ms. Méndez: Yes; that is our understanding. And if we need to clarify it and -- we will further, but it's -- that is our understanding, yes.
Commissioner Carollo: I will -- I want --
Mr. Rotenberg: It's in there.
Commissioner Carollo: Okay. I want to make sure that, that's exactly what we have.
Mr. Rotenberg: It's in the agreement, yes, sir.
Commissioner Carollo: And then for MPA, I want to make sure that if there are overruns, it will not be bore [sic] on MPA. And I understand it's MPA, but MPA is really City money, so even though it's capital, whatever, each year, when we do your budget, you know, we -- it's stipulated that any expenses that has incurred reduces the revenues to the City, and whatever revenues over expenses is what you give back to the City; however, if you have capital expenses, that goes into your capital fund and doesn't come to the City, so it's still City money, so that's --
Mr. Rotenberg: Correct.
Commissioner Carollo: -- so I want to verify that and confirm that, so everybody understands that. Just because MPA will bore [sic] the cost doesn't necessarily mean it's MPA as an autonomous agency. With that said, I don't have any other questions.
Chair Gort: Thank you, sir. Any other --
Commissioner Suarez: I was confused. I didn't know MPA money was City money.
Chair Gort: Seeing none, hearing none, all in favor, state it by saying “aye.”
Commissioner Carollo: Actually, it is.
Commissioner Suarez: Kidding.
The Commission (Collectively): Aye.
Commissioner Suarez: It's a joke.
Mr. Alfonso: Thank you, Commissioners.
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RE.4 RESOLUTION 15-01438 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Management ACCESS EASEMENT AND INDEMNIFICATION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY"), GROVE BAY INVESTMENT GROUP, LLC AND GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC, IN SUBSTANTIALLY THE ATTACHED FORM, ALLOWING FOR AN EASEMENT TO USE, IMPROVE AND RE-ALIGN CHARTHOUSE DRIVE, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 15-01438 Summary Form.pdf 15-01438 Legislation.pdf 15-01438 Exhibit - Agreement.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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0501
Chair Gort: RE.4.
Todd B. Hannon (City Clerk): Excuse me, Chair. We do have a time certain designation for DI.4 for 10 a.m. Commissioner Suarez, would you like to hear it now?
Commissioner Suarez: Thank you. Yes, please, Mr. Chair, if I may?
Chair Gort: Yes, sir.
Commissioner Suarez: Thank you. On September 2015, I held a sunshine meeting with Miami-Dade Commissioner -- actually, you know what? Why don't we take up the second item of the companion before, if you don't mind --
Chair Gort: Good point.
Commissioner Suarez: -- because I think this in RE.4 and RE.5.
Chair Gort: Fine.
Commissioner Suarez: There was a second item. Let's take -- go ahead and take that, and I'll move RE (Resolution) --
Chair Gort: Let's take RE.5
Commissioner Suarez: -- .5
Chair Gort: RE.5 has been deferred.
Mr. Hannon: Sir, RE.4.
Commissioner Suarez: RE.4. My apologies.
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Chair Gort: Okay.
Commissioner Suarez: I move RE.4, because that's companion to the prior one.
Vice Chair Hardemon: Second. Second.
Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you, Mr. Chair. My apologies.
RE.5 RESOLUTION 15-01175 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, Management PURSUANT TO A SPECIAL WARRANTY DEED, THE DONATION OF A PARCEL OF LAND IDENTIFIED AS PORTIONS OF FOLIO NOS. 01-3230-012-0060 AND 01-3230-095-0001 LOCATED AT APPROXIMATELY NORTHEAST 32ND STREET AND NORTHEAST 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", FROM PRH NE 31ST STREET, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND THIRTY-FIRST STREET PROPERTY OWNER LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTORS"), TO THE CITY OF MIAMI, SAID DONATION TO INCLUDE ALL COSTS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND CLOSING COSTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. 15-01175 Summary Form.pdf 15-01175 Back-Up Document.pdf 15-01175 Pre-Legislation.pdf 15-01175 Legislation.pdf 15-01175 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.5 was deferred to the January 14, 2016, Regular Commission Meeting.
RE.6 RESOLUTION 15-01370 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED AUGUST 25, 2015, PURSUANT TO INVITATION FOR BID 503340 FROM GLOBAL TRADING, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF UNIFORMS CITYWIDE, FOR VARIOUS USER DEPARTMENTS, FOR AN INITIAL CONTRACT
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PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY. 15-01370 Summary Form.pdf 15-01370 Bid Tabulation.pdf 15-01370 Award Sheet.pdf 15-01370 Corporate Detail.pdf 15-01370 Invitation For Bid.pdf 15-01370 Bid Response.pdf 15-01370 Back-Up from Law Dept.pdf 15-01370 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0502
Chair Gort: RE.5 has been deferred. RE.6.
Daniel J. Alfonso (City Manager): RE.6.
Annie Perez: Good morning. Annie Perez, director of Procurement. RE.6 is a resolution accepting the sole responsive and responsible bidder for the provision of uniforms citywide for various user departments for a period of three years, with two additional one-year periods.
Chair Gort: Thank you, ma'am. Discussion. Motion. Is there a motion?
Commissioner Suarez: So moved.
Chair Gort: Moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Discussion. Seeing none, hearing none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.7 RESOLUTION 15-01371 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Procurement RECEIVED OCTOBER 7, 2015, PURSUANT TO INVITATION FOR BID ("IFB") NO. 522382, FROM ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF VEHICLES, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER
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DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE IFB, THE ABILITY TO ADD QUALIFIED SUPPLIERS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 15-01371 Summary Form.pdf 15-01371 Recommendation of Award.pdf 15-01371 Memo - City Manager's Rejection.pdf 15-01371 Bid Tabulation.pdf 15-01371 Corporate Detail.pdf 15-01371 Invitation For Bid.pdf 15-01371 Bid Response.pdf 15-01371 Legislation.pdf
Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.7 was continued to the December 10, 2015, Regular Commission Meeting.
Chair Gort: RE.7.
Annie Perez: Yes. Annie Perez, director of Procurement. RE.7 is an item accepting the sole responsive and responsible bidder, Enterprise Leasing Company of Florida, for the provision of rental of vehicles on a citywide as-needed basis, for a period of two years, with the option to renew for two additional one-year periods.
Chair Gort: Thank you, ma'am.
Vice Chair Hardemon: Mr. Chairman.
Chair Gort: Yes, you're recognized.
Vice Chair Hardemon: I'm sure you all remember this item. This is an item that I asked to try to increase the competition by making some of the requirements more in line with what I think the City of Miami needs, rather than what, say, for instance, is more onerous than even what the County required of us. We know that there is a contract that's out in the County that also had some numbers. I requested these -- this information from the City Manager's Office; I haven't received that yet, a copy of the County's contract. And particularly, I asked for a copy of the County's contract because I want to be able to compare and contrast the cost that we're passing on to the residents of the City of Miami, and I haven't received that information. At my last -- what do you call it? -- at my last briefing, our City Attorney informed me that I need to have a conversation with her, and we couldn't have it with the City Manager because of the cone of silence at that time. And to me, that didn't make any sense. And I'm saying it doesn't make any sense now, because, as I understand the cone of silence, it comes to an end once the City Manager makes his written recommendation. And as we know, the written recommendation has been made. And his recommendation was to accept the bid.
Victoria Méndez (City Attorney): Commissioner, the item for -- with regard to services and widgets, the cone of silence definitely ends the moment that the Manager makes a recommendation.
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Vice Chair Hardemon: Right.
Ms. Méndez: So that -- it -- we were talking about a different item.
Vice Chair Hardemon: So where we are now today, though, still, even with this being said -- because I feel like I remember -- I guess there's so many things that we've been discussing on this agenda, but at the same time, it put me in the position where I don't feel prepared necessarily to talk or to ask you questions about what -- go to the meat and bones of what my argument could be; I can. You know, I'm very used to having someone such as yourself in front of me, and drilling down on the questions, to really see what it is that I'm trying to get to, but I'd rather not do that. You know, I'd rather protect the professional integrity of the Board -- I'm sorry -- my City Manager and his office, and you, because there are some questions that I have about how this whole thing went about, and for me -- and I've had this discussion with our former but still illustrious City Attorney, Lucia Dougherty, and for me, what it is about is drilling down to really understand what happened in this situation. I know that a memo was sent out to all of us of the Commission that addressed some of the questions that I had, but it doesn't really get to where I need things to be to fully understand. And at the end of this, it may be, “Oh, okay, I understand now. We can move on,” but at the end of it, it may not just be that. And so at this time, what I'm requesting from my Board Members is for this to be continued to the next Commission meeting, so I have adequate time to discuss this with the Administration. And I spoke to Ms. Dougherty, and I informed her that, you know, for me, this is about process, and about what happened in that process, and there's some clarity I need to know about our procurement process. And if you read the memo from Ms. Perez, it talked about Oracle and some of the way the notices went out. It seems that there may be some devil in the details of the way -- of the language that was used, and so I just want to be able to understand that before I moved on and accepted this bid for the way it is today, so that's what I ask.
Commissioner Suarez: Second for discussion.
Chair Gort: Thank you. It's second for discussion. Before you do that, let me ask a question. Madam Attorney, my understanding is -- in the business that I'm in, I have to answer a lot of RFP's (Requests for Proposals). My understanding is the cone of silence means that we cannot -- nobody can approach us and talk to any of the vendors when anyone that's in the process can come and talk to us. Now, that does not allow the staff to talk to us?
Ms. Méndez: We're -- it --
Daniel J. Alfonso (City Manager): May I, Mr. Chairman? There is no question as to the cone of silence on this issue.
Chair Gort: No, no, I understand, but my question is, for the future, I want to know, because I want to be able to have the ability to sit down with the staff, and the staff can bring me up to date what's going on.
Mr. Alfonso: Right.
Chair Gort: I'm not the vendor, so --
Mr. Alfonso: Yeah. In this particular case, the Manager made a recommendation. Once the Manager made that recommendation -- I -- there is no cone of silence. We're able to speak to the vendors; we're able to speak to anybody.
Chair Gort: My question is to the Attorney. My question is, the Manager has not made a decision. We have questions about the -- what we've read. I believe we don't break the cone of silence by talking to the Administration.
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Ms. Méndez: There are specific -- Ms. Perez has been very diligent in before RFP's go out, sending drafts to the Commissioners. At that time, before anything goes out to the public, that would be the best time for any questions, comments or concerns to be done. There is -- whenever any vendors have any questions, they could contact the specific contact person; then those questions are made available to everyone. So there is a process to --
Chair Gort: No, I understand that process for the vendors, but I'm talking about us, the elected officials that have responsibility.
Ms. Méndez: For elected officials, there's specific windows with which you're able to make the questions, which has been followed correctly, you know, based on the process that we have in place, and especially that Ms. Perez always makes available the questions and -- I'm sorry -- the RFP's in draft form.
Chair Gort: Well, I understand; that's why I'm asking this question. I can sit down with her and ask her, and she could talk to me in specific. Okay, thank you. Yes, ma'am, you're recognized.
Lucia Dougherty: Good morning, Mr. Chairman, Members of the Commission. Lucia Dougherty and Carlos Lago, with offices at 333 Avenue of the Americas, in downtown Miami. I'm here today on behalf of Enterprise Rental Car, which is the third time that Enterprise has bid on this contract and was the sole bidder. And they, like Commissioner Hardemon, have a little concern about the process in light of the fact that they've been the third time that they've bid and have been the sole bidder. It is obviously within his prerogative to ask for a continuance, and we're -- you know, we don't object to him finding out facts, but I just want to put on the record that this is -- he -- this bidder has been your provider for six years; have done a good job for you. The Police Chief in former hearings told you they've done a great job for you. The first time it went out, Commissioner Hardemon said, “I want more inclusivity, so I don't want you to have two Broward offices.” So the Administration came back and made a mistake, put two Broward offices in. Now, it went back out; they put one Broward office in. We bid again. We're the sole bidder again. And my client is having a little concern. They're thinking, “You know what? We're bright people. Are we” -- “should we be taking a hint here that you don't want to do business with us? We're a national company. We've done a great job for you, and we're feeling a little concerned about the process.
Commissioner Suarez: Mr. Chair.
Chair Gort: Thank you. Yes, sir.
Vice Chair Hardemon: May I?
Commissioner Suarez: Go ahead, yeah.
Vice Chair Hardemon: Before we move on to that, I want to say that Enterprise is probably my rental car company of choice when I rent, and you could probably pull those details to see that I rent cars from Enterprise all of the time. And actually, someone very close to me just rented with Enterprise this past weekend.
Chair Gort: He's promoting Enterprise.
Vice Chair Hardemon: So I --
Ms. Dougherty: Who might that be?
Vice Chair Hardemon: -- support Rent -- they actually pick you up from your home, and I think
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this time, she needed a ride back.
Commissioner Suarez: Did she pick you up at 8, huh?
Vice Chair Hardemon: She needed a ride back to her home --
Commissioner Suarez: It's like Uber.
Vice Chair Hardemon: -- and we're able to do that when I wasn't able to provide her a ride, so, you know, there are a lot of things about Enterprise that are near and dear to my heart. But this isn't about Enterprise, and I want Enterprise to completely understand that. This is about finding the lowest cost for our constituents; and also, making sure that the process in which that we are using is one that is fair, not to both -- not to just Enterprise, but to all of the people that bid, could bid or will bid, and that's what this is about. And I think you'll see this echoing itself in other RFP's that come before this body. So I just want to make that perfectly clear that it's not about Enterprise. This is truly about trying to drill down to what's going on in our RFP process to ensure that we're doing this the right way, because, obviously, when it went out the second time, when Enterprise bid, it wasn't what we put forward and what we represented here on this Commission.
Commissioner Suarez: Mr. Chair, if I may?
Chair Gort: Yes, sir.
Commissioner Suarez: Yeah. I just -- you know, again, I also don't want to send the wrong message to a good company like Enterprise, and give them the impression that they're not wanted, or we don't want their business, or we don't want to work with them. I think that's absolutely not what we want to convey. I think what I don't understand is, you know, most of these big rental company -- I mean, they're sophisticated parties, so, you know, from a notice perspective, I know that, you know, we notice these RFP's, so I just want to make sure, and I guess I'll ask this, you know, in the time that we have, I'll also be asking questions relative to how did we notice this -- let me finish. You know, one company did -- you know, in a highly competitive market, one company did bid. And then to -- you know, you can't go to an airport or anywhere else and not see, you know, seven, eight, nine rental car companies everywhere you go. You know what I mean? So it's a very competitive market. So I'm not saying that it can't happen. It obviously happened three times in a row, so -- and to sophisticated parties who are watching, presumably, our Commission meetings, they should know that if we're going to go out to RFP, they should be paying attention, they should be very, very much diligent to make sure that they have that opportunity and comply with that opportunity to bid on our work, but I just wanted to sort of sort that out myself, because I think that's an important factor.
Chair Gort: Yes, sir.
Mr. Alfonso: Mr. Chairman, real quick, I want to -- two things I want to put on the record. One: We're a little confused. This is not an RFP. This is an RFI (Request for Information), which is somewhat different.
Ms. Perez: That's an IFB (Invitation for Bid). It's a bid.
Mr. Alfonso: I'm sorry, an IFB.
Ms. Perez: Straight bid.
Commissioner Suarez: Yeah.
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Mr. Alfonso: So it's different. And number two --
Commissioner Suarez: I apologize for --
Mr. Alfonso: No, it's okay.
Commissioner Suarez: -- misunderstanding the nomenclature.
Mr. Alfonso: And the other thing is, Commissioner Hardemon, Mr. Vice Chair, on Monday, we met. You asked for certain information. We did provide that information --
Vice Chair Hardemon: Not all of it.
Mr. Alfonso: -- and to a member of your staff.
Vice Chair Hardemon: Not all of it. And if you did, you can --
Mr. Alfonso: Okay.
Vice Chair Hardemon: -- talk to me about it.
Mr. Alfonso: All right.
Vice Chair Hardemon: We can talk about it.
Mr. Alfonso: Okay.
Ms. Dougherty: I just want to also -- I asked about the notice as well, and I understand that you sent notices to every qualified -- in writing -- every qualified rental car company in the City.
Vice Chair Hardemon: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Hardemon: Well, see, this is -- and we know that notice will be at the heart of the issue, so although I appreciate the diligence of Ms. Dougherty, I'd like to reserve that argument until the next time that we're here. You may not have to speak. You may just smile at the next one.
Ms. Dougherty: Thank you.
Vice Chair Hardemon: Thank you.
Chair Gort: Okay, any further discussion? All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Ms. Méndez: Chairman --
Chair Gort: By the way, I also use Enterprise all the time, too, so. Yes.
Ms. Méndez: -- just to be clear, the deferral is what passed, correct?
Chair Gort: Next meeting.
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Todd B. Hannon (City Clerk): Yes.
Ms. Méndez: Thank you.
RE.8 RESOLUTION 15-01360 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Budget ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 484326, FOR THE PROVISION OF ACTUARIAL AND ACTUARIAL RELATED CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GABRIEL, ROEDER, SMITH & COMPANY, THE HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE GENERAL FUNDS AND SPECIAL REVENUE FUNDS, SUBJECT TO THE AVAILABILITY AND APPROPRIATION OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST RANKED PROPOSER, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, UNTIL AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, HAS BEEN REACHED. 15-01360 Summary Form.pdf 15-01360 Recommendation of Award.pdf 15-01360 Evaluation of Proposal.pdf 15-01360 Memo - Evaluation Committee.pdf 15-01360 Corporate Detail.pdf 15-01360 Request For Proposal.pdf 15-01360 Bid Response.pdf 15-01360 Legislation.pdf 15-01360 Exhibit - Agreement.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0504
Chair Gort: RE.7. I mean RE.8.
Daniel J. Alfonso (City Manager): RE.8.
Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. RE.8 is a solicitation for a provision of actuarial and actuarial-related consulting services. It was a very plain vanilla procurement. I sat on the selection committee myself. Gabriel, Roeder and Smith & Company was the highest ranked, and we are recommending their approval today.
Chair Gort: Thank you. Do I have a motion?
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Commissioner Suarez: So moved.
Chair Gort: Been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Discussion. No further discussion. All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.9 RESOLUTION 15-01266 Office of Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), and Budget MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2015 ("FISCAL YEAR 2014-2015"); AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, AND ALL OTHER NECESSARY OFFICIALS, EMPLOYEES, AND AGENTS OF THE CITY OF MIAMI ("CITY") TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THIS CONTINUING COMPLIANCE RESOLUTION AND RESOLUTION NO. 15-0169, ADOPTED APRIL 9, 2015 ("CONTINUING COMPLIANCE RESOLUTIONS"); MAKING CERTAIN AMENDMENTS TO PREVIOUS APPROPRIATIONS RELATING TO THE CAPITAL FUND, DEBT SERVICE FUND, GENERAL FUND, AND SPECIAL REVENUE FUND BUDGETS FOR THE FISCAL YEAR 2014-2015 TO COMPLY WITH RESOLUTION NO. R-07-0586, ADOPTED OCTOBER 11, 2007 ("BOND RESOLUTION") AND THE TAX COMPLIANCE CERTIFICATE, DATED AS OF DECEMBER 5, 2007 ("TAX COMPLIANCE CERTIFICATE") FOR THE CITY'S $80,000,000.00 SPECIAL OBLIGATION BONDS, SERIES 2007 ("STREET AND SIDEWALK IMPROVEMENT PROGRAM") ("SERIES 2007 BONDS"); RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 15-01266 Summary Form.pdf 15-01266 Memo - City Manager.pdf 15-01266 Legislation.pdf 15-01266 Attachment 1.pdf 15-01266 Attachment 2.pdf 15-01266-Submittal-Brett Bibeau-Letter of Support.pdf 15-01266-Submittal-Robin Jones Jackson-Backup Documents.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0503
Chair Gort: RE.9.
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Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. RE.9 is the year-end budget amendment. We're bringing it to you within 60 days of the close of the fiscal year, as per State Statute. We are looking at $38.7 million of surplus at the end of this past year, which is about 3 million higher than what we had been projecting, but it's in the ballpark. So after using the 27.6 million of fund balance that is allocated into this current year, this will add about $11.1 million of surplus to the City's fund balance in the general fund. This will be the second year in a row that the City will have closed the books within the financial integrity principle requirements. There are four departments in the item that are recommended for adjustment: Police, Fire, and Capital Improvements. Police and Fire are primarily the secondary pension costs, and CITP (Capital Improvements & Transportation Program) is because of higher than expected revenues for red-light cameras; therefore, the vendor costs went up associated with it. Be happy to take any questions you have at this time.
Chair Gort: Thank you, sir. Any questions? Motions?
Commissioner Suarez: So moved.
Chair Gort: Been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Being no further discussion, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Mr. Rose: Thank you, Commissioners.
RE.10 RESOLUTION 15-01427 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS WITHIN THE STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTHWEST/SOUTHEAST 7TH STREET AND SOUTHWEST/SOUTHEAST 8TH STREET, MIAMI, FLORIDA, AS STATED HEREIN. 15-01427 Summary Form.pdf 15-01427 Back-Up Documents.pdf 15-01427 Legislation.pdf 15-01427 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.10 was continued to the December 10, 2015, Regular Commission Meeting.
RE.11 RESOLUTION
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15-01432 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING A COVENANT RUNNING WITH THE LAND FOR NON-STANDARD IMPROVEMENTS WITHIN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY ("COUNTY") AND STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTHEAST 6TH STREET, SOUTHWEST/SOUTHEAST 7TH STREET, SOUTHWEST/SOUTHEAST 8TH STREET AND SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AND FOR WHICH THE CITY WILL ENTER INTO AN INTERLOCAL AGREEMENT(S) WITH THE COUNTY AND A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY WITH BRICKELL CITY CENTRE PROJECT, LLC. 15-01432 Summary Form.pdf 15-01432 Back-Up Documents.pdf 15-01432 Legislation.pdf 15-01432 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item RE.11 was continued to the December 10, 2015, Regular Commission Meeting.
RE.12 RESOLUTION 15-01396 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION REJECTING THE RECOMMENDATION OF THE CITY MANAGER REJECTING THE SINGLE RESPONSIVE AND RESPONSIBLE PROPOSAL RECEIVED IN RESPONSE TO THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT'S REQUEST FOR PROPOSALS ("RFP") NO. 14-15-024 FOR THE DEVELOPMENT AND LEASE OF THE NORTH RIVERFRONT PROPERTY LOCATED AT 236 AND 298 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA ("PROPERTY"); DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSAL RECEIVED TO AN EVALUATION COMMITTEE ("COMMITTEE") AND PRESENT A RECOMMENDATION, AT THE DECEMBER 10, 2015 MEETING OF THE CITY COMMISSION, BASED ON THE RECOMMENDATION OF THE COMMITTEE, SUBJECT TO A REFERENDUM BY THE VOTERS OF THE CITY OF MIAMI AND COMPLIANCE WITH THE STATE REQUIREMENTS OF ANY SUBMERGED LAND LEASE AFFECTING THE PROPERTY. 15-01396 Summary Fom.pdf 15-01396 Memo - City Manager.pdf 15-01396 Request for Proposal.pdf 15-01396 Pre-Legislation.pdf 15-01396 Legislation.pdf
Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
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Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0505
Chair Gort: RE.10.
Commissioner Carollo: No; that's being deferred.
Chair Gort: That's being deferred, correct. RE.11 also is being deferred. RE.12.
Daniel J. Alfonso (City Manager): Commissioners, RE.12 is a resolution where the City Manager makes a recommendation rejecting the single proposal for a land lease for an RFP (Request for Proposals) that went out at the -- 236-298 Southwest North River Drive, and as opined by the City Attorney, it is required to come to Commission for approval of that recommendation.
Chair Gort: Okay. Yes, sir.
Vice Chair Hardemon: Yeah. So I have some discussion in reference to the opinion. Within the memo that the City Manager provided to this Commission, it provided that -- it made reference in the second paragraph that contemporaneous with the solicitations, closures, City Ordinance Number 13540 was enacted, providing the City with the methods to direct or negotiate and enter into leases or management agreements for City-owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands, and providing the City with methods and procedures by which it can ensure that such leases or management agreements return to the City at least fair market value. It's a lot of legalese, but more importantly about this is that the reference to the City ordinance refers to City-owned submerged lands, and so much of this memo talks about the rejection of this because of the City needing to abide by the ordinance regarding City-owned submerged lands, but what's interesting is that within this -- and I don't want to call it the wrong thing. This is an RFP. Within this RFP, the City does not own the submerged lands. In this, the submerged lands are owned by the State, and as I understand it, the agreement, the lessee -- lessor agreement is within the purview of the State and then another third party, and I believe that third party that is leasing the submerged lands is Luis Garcia, I believe, that owns one of the restaurants on the river, and he's -- lobster traps or something of that nature. And so, where I'm having issues with this, one is that here in this process, we have no RFP that was put out. There are less people, I believe, that would bid on an RFP of this nature within the City of Miami. It's unlike, for instance, the rent-a-car companies, where you go and you see so many of them, but here, we have an RFP to beautify the river, which, to me, is the next gem in the City of Miami, and already, there are a multiplicity of restaurants that exist there, besides the ones that we know. And when we're talking about improving upon particularly somewhere within my area that's so close to a place called Overtown, and you look at all the things that will change the river, that would change places like Overtown; you look at all of the things that will enhance the City and give us a reason to travel from elsewhere to this place, I don't understand how we reject the one single proposer that submitted a bid that I believe is -- well, that is responsive to what the RFP required; and then, also, to reject it with the language that is here. And what's more so interesting about it is that the ordinance that came about is an ordinance that came after even the RFP was put out. So we would almost -- I dare to say expo facto -- be applying it to them, because I don't -- I would then have to refer to the City Attorney to see if they had any vested rights at the time that the laws came into the books, but even if it did not have -- even if this entity did not have vested rights, what I see is that the ordinance that's being referred to does not apply to them, so I'm having trouble accepting the Manager's recommendation to reject, and what I'd like to discuss is accepting this RFP.
Victoria Méndez (City Attorney): We have --
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Commissioner Suarez: I would second that.
Ms. Méndez: -- I needed to clarify something for the record with that. It is the City's submerged lands. The ordinance is maybe one of the issues, but is not the only issue. The City right now is at a bit of odds with the State on -- which are State submerged lands versus City submerged lands and things of that nature. We always need to consult with the State with regard to leases and what have you, but this is the City's submerged lands; not the State's.
Commissioner Suarez: I second the motion for discussion.
Chair Gort: Second the motion; discussion. I have some questions. Yes, sir, go ahead.
Commissioner Suarez: Thank you, Mr. Chair. First of all, you know, I want to echo a lot of what the Commissioner said. This is an area that has come up tremendously over the last 10 years, in particular, and you also have -- and I see Mr. Garcia here, who has been invested in that area for probably 50 years, if not longer. The proposer, who has been -- prior to the RFP, had a very visionary plan for this area, I think, you know, and has been pushing for it, and has invested in the area, is someone who has, you know, tremendous amount of vision, I mean, and is invested, and I think -- you know, I agree with the legal characterizations made by Commissioner Hardemon. I think, you know, whether there's a dispute as to the submerged lands, that can be handled through the negotiation of the contract process, and there's, obviously, as just stated by the City Attorney, some sort of a disagreement as from the State and from the City, and I don't think a disagreement between the State and the City should paralyze the City from moving forward on its projects.
Ms. Méndez: It does when you're not assured fair market value for the property, so --
Commissioner Suarez: I trust --
Chair Gort: Okay, excuse me. Hold it.
Commissioner Suarez: -- our negotiator's ability to get fair market value, and I know, for example, that there was -- and I know this was in the waiver portion, but recently, when Monty's sold, there was a discussion about the submerged lands, and I think the submerged lands for that property, for the marina portion of that property was like $1,200 a month, something like that. And I know that's different, because you reminded me yesterday in our discussions that that is --
Chair Gort: Yes, ma'am.
Ms. Méndez: It's different because it happened in the '70s; that was a waiver that occurred --
Commissioner Suarez: No, it's -- because there's a waiver --
Ms. Méndez: -- in the '70s.
Commissioner Suarez: -- it's different. It's different because there's a waiver.
Ms. Méndez: Correct --
Commissioner Suarez: And there's no --
Ms. Méndez: -- which there isn't a waiver here.
Commissioner Suarez: Right. There's no guarantee -- right -- but I trust in the Administration's ability to negotiate our obligations protecting the City of Miami in its desire to get fair market
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value for those submerged lands, so I echo his comments, I agree with it, and ultimately, these types of deals, I think, also have to go before the voters of the City of Miami, so the voters will have an opportunity to chime in as to whether they think this is a good deal for the City or not, and I think it is. I think it's a beautiful project, and I'm very excited about it coming to the City of Miami; hopeful that it does.
Chair Gort: Thank you, sir.
Vice Chair Hardemon: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Hardemon: Madam City Attorney, I'm looking at what I believe is purported to be a lease between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. It reads: Sovereignty, submerged lands lease: This lease is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, herein referred to as “the lessor” -- which is the giver of the lease -- and in witness, it says: That for and in consideration of payment of the annual lease fees herein provided, and faithfully and timely performance of and in compliance with all terms and conditions stated herein, the lessor does hereby lease to the City of Miami, Florida, hereinafter referred to as “the lessee,” the sovereignty lands described as follows -- and it goes and it describes the parcel of land. As I understand that, this is the lease, so if we are the lessee, we are not the owners of this submerged land; that's what I understand. The document that I'm reading from -- and I just want to make sure I'm reading the right thing -- is recorded under BK26708, page -- well, 0999, and I believe that's also the document that's reflected in the RFP that was issued for this agreement. So, you know, I still am under the assumption that this is not City-owned property; that this is State-owned property, and I believe that the -- and I don't want to go too far, because I don't have this document right in front of me -- but that the person that is -- well, which would be Luis Garcia, I believe -- is the person that is leasing this land; that has the current lease with the City, or, I guess, who it is assigned to, if that may be the proper language in this consideration -- is the one that's occupying that land right now.
Commissioner Suarez: Mr. Chair, if I may?
Chair Gort: Yes, sir.
Commissioner Suarez: Yeah. We had a similar situation to this with the Dot Miami contract, and if you recall, Dot Miami was the sole responsive and responsible bidder in that contract.
Chair Gort: Right.
Commissioner Suarez: And there was an issue there where they -- in the procurement, there was a notion that we could cancel at will, and they were investing at least a quarter of a million dollars just for the licensing, plus advertising costs, which didn't make sense for us to have a cancelable right at will. It just didn't make sense for anyone who would have to front, you know, more than that money. And the Administration, ably -- I think very ably -- negotiated where we actually got a higher percentage of the funds in exchange for a reasonable cancellation provision, which would have been what would be expected, given the fact that somebody's frontloading all those fixed costs. So that was handled without having to blow up the procurement and start all over again, and I think this is a similar situation. Thank you.
Ms. Méndez: So then, is this Commission giving the ability for this contract to be cancelled if fair market value isn't returned, or any situation that does not go according to plan with regard to the State?
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Commissioner Suarez: Well, I think the Charter requires fair market value -- doesn't it? -- for purposes of it being --? So I don't think that -- it's not up to us to be able to waive that requirement. It's a -- fair market value is what is required by the Charter.
Chair Gort: They have to comply with it.
Ms. Méndez: At the end of the day, this -- these proposers have given a certain amount of money that they're willing to invest or give to the City, so there needs to be then a contingency, a true contingency, and they need to be aware of this, and accept it on the record, and then, you know, most of our concerns will be allayed. But if the City doesn't get exactly what it was promised, even if the State wants the same amount of money for themselves, that needs to be then stated on the record that everybody is aware of that, because I don't want to deal with a lawsuit later with regard to them not understanding the City's position.
Chair Gort: Thank you. Did you make a motion?
Commissioner Suarez: He did, and I seconded it, yeah.
Chair Gort: It's been motion; there's a second. Yes, sir.
Alexis Mantecon: I'm Alexis Mantecon. I am one of the proposers for the Riverside Wharf Project. I would like to preface this by saying if there is any issue, whatsoever, with the way the procedure was handled with regards to this RFP, I have no interest, whatsoever, in being a part of it. However, the only reason I am here is because in my heart, I know that the procedure was done accordingly. I've consulted with numerous attorneys. I'm given the excuse that the City-owned submerged lands -- that there are City-owned submerged lands there; yet, there is a lease signed by the City Manager of the City of Miami with the State. Clearly, if you believe that the land is yours, why would you sign a lease with the State? So it --
Vice Chair Hardemon: Mr. Chairman.
Ms. Méndez: Again --
Chair Gort: Hold it, hold on.
Ms. Méndez: -- I've already advised that --
Chair Gort: Excuse me.
Ms. Méndez: -- there are several properties in dispute --
Chair Gort: Excuse me. Excuse me.
Ms. Méndez: -- with the State.
Chair Gort: Excuse me. Let's go through the Chairperson, okay? You're recognized.
Vice Chair Hardemon: Thank you. Certainly, I don't want to infringe upon your right to speak at this venue, but I would suggest that you leave any arguments about that to the Commission and the Administration. As I understand, you have a proposal. We've viewed the proposal. It seems to be something that's wonderful. If you want to talk about that proposal, I think that's fair; but to get involved with this, I think, would be the wrong thing for you to do.
Mr. Mantecon: Understood.
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Chair Gort: It's the wrong time.
Mr. Mantecon: Understood. So if you'd want to see, you know, we brought the proposal. If you guys would want to see it --
Chair Gort: Yes, sir.
Mr. Mantecon: -- you know, I'm more than happy to show it and walk you through it.
Chair Gort: Brett, do you want to speak now while they're preparing? Go ahead.
Brett Bibeau: Thank you, Honorable Commission. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. During the Miami River Commission's Urban Infill Subcommittee's September 23, 2015 public meeting, the submitted bid for the City of Miami's advertised Request for Proposals to lease City-owned, 236 through 298 Northwest North River Drive was reviewed. Miami River Commission Urban Infill Subcommittee Chairman James Murley's nonbinding recommendation to the full MRC (Miami River Commission) is that the submitted bid provides a great attraction for the community, featuring a fishermen's wharf and a public river walk, and therefore, is consistent with the adopted Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan. This item is on the full MRC's next public meeting agenda, December 7, at noon, 1407 Northwest 7th Street, in order for the Miami River Commission to vote on its final advisory recommendation. Your time and support for the Miami River District are appreciated.
Chair Gort: Thank you, sir. You're recognized, Mr. Mantecon.
Mr. Mantecon: Okay. So what I'd like to show is this is the existing property --
Chair Gort: Right.
Mr. Mantecon: -- that is there now. What we're looking to do -- our vision in the future is basically what you see in the center there. For the better part of my life, I've always been a fan of the Miami River. As a little kid, I would get on the boat with my father, and my favorite part was when he let me get the helm and go up and down the river, and I'd look at everything that was done there. I loved, you know, seeing the activity, the fishing boats, et cetera, et cetera. When this RFP came about, for me, this was an opportunity to be able to give back and do something that's, you know, for me, something to be able to pass on to my children and for the rest of the City. This property is -- you know, the Garcias have been here for the better part of 50 years. When I first approached Luis, I had no interest in -- if he's been a tenant there, I have no interest in fighting with somebody who has such a vested interest and such a history there. So I approached Luis, and I said, “Luis, what do you think if we do something together here? I think this would be something amazing. You've been a tenant here, you're” -- “you got the history on the river.” First thing he told me was, “Alex, let me introduce you to this gentleman.” He introduced me to a gentleman that's probably 70 years old, another guy who works with you there. And he goes, “Listen, whatever we do, these guys need to stay. These guys need to be a part of whatever it is that we do. This guy has been here with my father. This guy practically raised me when I was a little kid.” Perfect, we'll work around those circumstances. I have no interest in kicking any of these fishermen. These guys work hard. So our first order on the agenda was let's create something that's going to keep the jobs that are there, keep the fishermen, and actually see how we can make their lives better, so we started with that. The other thing is I've always been a fan of river -- waterfront dining, open spaces, public spaces, being able to get to the river walk. For years, I've been talking to Brett about how we can interconnect the river walk, which is, you know, to a certain extent, it's been -- it was a disaster, and it's getting better throughout. So I brought in Willy Bermello, who is, you know, one of the great architects, I think, of the City. We brought in restaurant consultants, some of the best in the town, who have
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brought some of the biggest names that have been -- you know, they're very well recognized in this town. I consulted with everybody, and we got the best in everything. Luis Garcia, you know, talking to me, you know, and we sat with him in numerous meetings, saying, “How does the fishing operation work? Show me. Let's sit down; actually seeing how people operate, seeing how the lobstermen come out; seeing how they bring in their catch every day. How do we incorporate that?” And what we came up with is this: The idea is to create a fishermen's wharf, a true fish market, where the fishermen we invite -- not only the fishermen that he has, but any other commercial fishermen in this town, in this area, to be able to come up and have a venue to sell their catch; not sell their catch at wholesale prices, where it goes to a distributor, and then to another vendor, and then from there, it goes to the restaurant, so every middleman has to make money -- be able to go to those fishermen and say, “Listen, they're paying you $5 a pound for your grouper. I'll pay you $7.50. I can pay you $8, because I don't have to pay a middleman. Your food is going to go straight from your boat, and it's going to be sold to the market, and it's going to be sold to the residents of the City of Miami.” We're also going to get that seafood and we're going to get it to the other restaurants that we're lining up to be on the waterfront, so that the fisherman's getting more money and the people that are eating at the restaurants are eating a great fresh meal, knowing exactly where that fish came from. Conceptually, that's our vision. Architecturally, we hired Bermello to come up with something that we think is going to be truly amazing. The restaurants that we're attracting, they always -- every restaurant complains, “We're always a second thought when it comes to the restaurants.” It's a condominium, and you have -- whatever is left over after you build that condominium, that's what goes to the restaurants. We didn't want to do that. Each restaurant is going to have a say in how they design their restaurant under certain parameters, so that the architecture of the restaurant, the interior design of the restaurant, and the flow of traffic of people coincides and works with the restaurant concept. So you're truly creating a spec build for these restaurants. The waterfront, we intend to keep it 100 percent open. We're going to keep a certain amount of linear footage open for the commercial fishermen, so they can come in and out, and drop off their catch. We're also working with -- well, the funny -- the water taxi was here today. We're looking to see if we can incorporate the water taxi into the site, and leave that space open for them. And the rest of the dockage, which we -- we will have one of the longest waterfront dockages of anywhere on the river east of the 5th Street Bridge, including the Chatree Project; including the new river project, including the Related Groups' project. We're going to leave that open, so that people -- families who go out and fishing every day, they can -- or having a good time, they can come out and moor their vessels onto that seawall, and enjoy a great meal with their families. That is our vision. And then, you know, I have Luis Garcia with me as a part of our team. You know, he can tell you a little bit more about, you know, what he's done, but again, I appreciate -- you know, we've put a lot of time, effort, and heart and soul into this project, and, you know, if -- to lose this over -- you know, to have to come back to it and go through another RFP process, you know, I don't know that -- you know, I don't have the confidence in the way the system has been handled to be able to do it again, so.
Chair Gort: Thank you, sir.
Luis Garcia: Luis Garcia, 236 Northwest South River Drive. I operate Garcia's Seafood, but the major component is the fishermen's business that my father started many, many years ago, and the City was very good to my father, and it's very important, so let me start by saying that Alex and the team came to me in good faith and said, “We really want to keep this as a big part of our working river,” and along the way, I was involved in every single meeting, and he included me in even architecture meetings, and wanted to make sure that there was going to be a destination spot, where people could actually walk up and see the boats being unloaded, and tourists can actually see the process, and pictures can be taken, and a weight station, and it would be a very attractive part of our City, which we don't have. Now, we have been on this parcel for over 45 years. The original contract that my father signed is not even -- no one can find it.
Commissioner Suarez: It's not an --
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Mr. Garcia: We found another contract that was signed in like '71 and -- but there was one before that. So the point of it is, it's certainly a major part of my life to see this project come to fruition. I think it would be an amazing part of our City, and the idea that those fishermen are going to have a place, and there's a place that's being proposed -- a wonderful space is being proposed.
Unidentified Speaker: INAUDIBLE.
Mr. Garcia: Yeah, yeah, and there's also another parcel along the river that we've secured, so that we can have other boats, so we're going to be -- it's going to be a major part of that area of the river, and I have been paying that lease -- well, my family has been paying that lease for the City to the State; we have been incurring those costs. For the last eight years, before the City decided what they were going to do with this -- no, it's actually more -- 10 years before the City decided what we were going to do with this parcel that I had originally had a 40-year lease agreement with -- they gave me a 30-day revocable license agreement. I couldn't touch this parcel, because I wasn't going to invest three, four, five hundred thousand dollars on a parcel that I had a 30-day revocable license agreement with. It was my understanding that the City would have had to change some of the zonings in order for the City to get fair market value for that parcel, but I understood that they wanted to keep it as a marine industrial fishermen's working parcel, and that's why it's been that and it looks like that, but here is an opportunity for our business to get a makeover, and perhaps be a destination of our City that we haven't had before. And this is an amazing opportunity for the fishing business to get sexy. And I just -- I wanted to make sure that you understood how important this was to not only my family, but to our community and our fishing community.
Chair Gort: Than you, sir. Okay, anyone else? Who you been kicking around?
Manny Prieguez: Good morning. I haven't -- they actually kicked me, that's why -- Good morning, Commissioners. Manny Prieguez, 4000 Malaga Avenue, Miami, Florida 33133. I just want to make a couple of brief comments. I am a very, very tiny part of this project, as well. I want to point to this little parcel right here. That triangular little parcel is one that my family owns. And Mr. Mantecon approached us, maybe six, eight months ago, and asked us if we wanted to be a part of the project. And our participation in the project is allowing for a continuous river walk along the project. So if people will be walking from, let's say, the Miami River Center, and go on the river, and start walking towards this project, had I not agreed to allow for my little section of that parcel to be leased to Mr. Mantecon, they could not have continuously walked all along the river and into the project. They would have had to have taken a detour around somewhere, and then gone into where the restaurants are, and so on and so forth. So for what it's worth, I want to be very clear to this Commission. My commitment is to Mr. Mantecon, and only to Mr. Mantecon. If by chance this does get rejected, and there's a new process, and there's new people that come onboard, my land is not going to be available to anybody else but Mr. Mantecon, so I just wanted to state that for the record, for what it's worth, one way or the other. Thank you very, very much.
Chair Gort: Thank you, sir.
Iris Escarra: Chairman, we also have our architect here, who could present more detail with regard --
Chair Gort: Wait.
Ms. Escarra: -- to the project --
Chair Gort: Who are you?
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Ms. Escarra: -- if the Board so indulges us.
Chair Gort: Who are you?
Ms. Escarra: Oh. Iris Escarra, offices at 333 Southeast 2nd Avenue, on behalf of Riverside Wharf, LLC (Limited Liability Company).
Chair Gort: Thank you.
Vice Chair Hardemon: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Hardemon: I don't want to belabor the issue. If there's no objection from the Board Members, I'd just like to say that I believe that this Fishermen's Wharf and public -- what do you call this thing? -- public river walk -- is consistent with the type of development we want to see in Miami; I especially want to see within my community. I think that the processes that were followed were sound, and with that, that's why I support this project moving forward in its state, and that's why I made the motion.
Commissioner Suarez: Mr. Chair, if I may?
Chair Gort: Yes, sir.
Commissioner Suarez: Yeah, and that's why I seconded. I mean, I think this is a visionary completion of that area that many stakeholders, including the Garcia family, have spent so many years, so many decades -- you know, I'm sure when he started his business, and when his dad, who -- may he rest in peace -- started his business, he never could have imagined that this corridor and this street would have developed in the way that it is, and it's going to become a destination. And I think what's beautiful about this project is that it makes it -- it finally makes it a destination, I think. It was a place where we would go to have dinner, or lunch, or at Garcia's, and at some of the other restaurants in the area, but now, it's going to be truly a destination. Listen, anybody that can make a storage facility look that beautiful has the ability to transform an area, so I have to tip my hat off to Mr. Mantecon, as well.
Chair Gort: Thank you, sir.
Commissioner Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Carollo: Thank you, Mr. Chairman. Well, the first thing I'd like to say is that I know since I don't know how many years ago, we've been talking about that area being a fishermen's wharf, or Riverside Wharf, dating back to when I first became a Commissioner, and it truly is impressive, and I think we should be all proud of seeing the various generations that have maintained a City of Miami business, so I really do believe that, you know, when you see how many years, you know, Mr. Garcia's business has been there, and seeing the different generations, you know, I think it's impressive, and we should be proud of that. I have a question, Mr. Manager or Madam City Attorney: Was this an unsolicited bid?
Commissioner Suarez: No.
Mr. Alfonso: No. This is an RFP, sir.
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Commissioner Carollo: No. So this was an RFP --
Mr. Alfonso: Yes, sir.
Commissioner Carollo: -- put out by the City of Miami?
Mr. Alfonso: Yes, sir.
Commissioner Carollo: So I would imagine that at that time, the City of Miami looked at all the different issues prior to putting the RFP out.
Mr. Alfonso: Sir, we do due diligence. Sometimes, things go wrong.
Commissioner Carollo: And even if this is passed today, it still has to go to a referendum, correct?
Mr. Alfonso: Correct. If I may understand, if this passes today, the City Administration will work with the folks here. We will name a committee that still has to review to make a recommendation. That committee will come back with a recommendation. We'll see whatever that is. It will have to come back to this Commission. There will have to be a referendum, obviously, because this is waterfront; and we will have to do another appraisal, based on whatever that final agreement is, to make sure that the City, according to the Charter, receives its fair market value.
Commissioner Carollo: So as a follow-up question, so it still has to come back to this City Commission --
Mr. Alfonso: Yes.
Commissioner Carollo: -- and it still has to go to a referendum?
Mr. Alfonso: Yes.
Commissioner Suarez: Mr. Chair, if I may?
Commissioner Carollo: No other questions.
Chair Gort: Yes, sir.
Commissioner Suarez: I would ask -- and I defer to the district Commissioner -- but that it come back on the December 10 agenda; simply because, in order to make the March referendum --
Mr. Alfonso: I understand that, Commissioner. We still have to name the folks that are going to do the review.
Commissioner Suarez: I have faith in you.
Mr. Alfonso: We'll do our best, sir. If it doesn't come back, then we're looking at the August referendum.
Commissioner Suarez: That's a big delay for our citizens.
Vice Chair Hardemon: Yeah, that's a big delay, but --
Commissioner Carollo: Mr. Chairman?
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Commissioner Suarez: I don't know how you think --
Chair Gort: It can come back the first meeting in January but --
Vice Chair Hardemon: How many people are going to be on that committee?
Mr. Alfonso: No. We would have to get -- to get it on the March general election, the Elections Office has told us that any questions to be placed on that referendum have to be in by December 22.
Commissioner Suarez: I trust you. I think you can make it.
Commissioner Carollo: Mr. Chairman?
Chair Gort: Yes, sir.
Commissioner Carollo: Can I suggest that we put it for the December 10 --
Chair Gort: Yes.
Commissioner Carollo: -- agenda? And if we can't make it by that time, then we'll discuss it at that point, but let's at least have it for December.
Mr. Alfonso: There may be no five-day rule.
Commissioner Suarez: I agree with Commissioner Carollo; it should be on the December 10 meeting.
Chair Gort: Okay.
Commissioner Carollo: Let's --
Commissioner Suarez: Put it on there (UNINTELLIGIBLE).
Commissioner Carollo: -- go that route first --
Commissioner Suarez: Right.
Commissioner Carollo: -- and then see where we're at.
Chair Gort: Okay. Now, let me tell you a little something -- and you have those two families that been in the river for -- started by their parents, and they kept the thing. Here with -- any time I have people come in here, they says, “You got a beautiful river and it's not being utilized.” Look at San Antonio; that was created by man, and they have great facilities and beautiful places to go there. I think this is important, but what's most important is not only for the river, but what it's going to do for the adjacent neighborhoods. This type of project is going to bring progress and economic development within certain neighborhoods. I, myself -- they have the plans already in the Building Department. There's going to be -- a project's going to be on the river on 14th Avenue and Northwest North River Drive. It's going to change Allapattah completely, and the whole neighborhood, and the Health District. This is the type of things we need to bring into our City; not only to beautify the areas, but create employment, create attraction, and bring more tourism. So all being said, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
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Chair Gort: Thank you.
Ms. Escarra: Thank you so very much. Thank you.
Todd B. Hannon (City Clerk): As amended.
Mr. Mantecon: Thank you; greatly appreciate it.
RE.13 RESOLUTION 15-01406 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT Tomas Regalado BARACK OBAMA AND THE 114TH CONGRESS OF THE UNITED STATES TO PROTECT VENEZUELAN REFUGEES IN THE UNITED STATES AND ADJUST THEIR IMMIGRATION STATUS AS STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 15-01406 Back-Up from Law Dept.pdf 15-01406 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0506
Chair Gort: RE.13.
Daniel J. Alfonso (City Manager): Item RE.13, Commissioners, is an item -- a resolution by the City Mayor urging President Barak Obama and the 14th Congress of the United States to protect Venezuelans and refugees in the United States and adjust their immigration status.
Commissioner Suarez: Move it.
Chair Gort: It's been moved by Commissioner Suarez. Is there a second?
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.14 RESOLUTION 15-01397 District 5 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Keon ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE Hardemon AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AN EXTENSION AGREEMENT ("AGREEMENT") TO THE LEASE BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("OVERTOWN YOUTH CENTER"), DATED ON OR ABOUT FEBRUARY 25TH,
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2001 ("LEASE") IN COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NON-EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA, WITH SAID AGREEMENT PROVIDING FOR AN EXTENSION OF FIVE (5) ADDITIONAL YEARS ABOVE AND BEYOND THE THREE (3) REMAINING FIVE (5) YEAR OPTIONS TO EXTEND OF THE LEASE FOR A TOTAL REMAINING TERM OF TWENTY (20) YEARS. 15-01397 Back-Up from Law Dept.pdf 15-01397 Legislation.pdf 15-01397 Exhibit - Lease.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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0507
Chair Gort: RE.14.
Vice Chair Hardemon: Madam City Attorney?
Daniel J. Alfonso (City Manager): RE.14, Commissioner Keon Hardemon.
Victoria Méndez (City Attorney): The Overtown Youth Center extension of a lease from 15 years to 20 years, to 2036?
Vice Chair Hardemon: That's correct.
Ms. Méndez: Since this is in the CRA (Community Redevelopment Agency), the normal 29(b) restrictions do not apply, and this is a non-exclusive use, but a lease to the Overtown Youth Center, so that they could continue to do their good work at that location, and also be able to make certain improvements that are being funded by certain grant donations and things of that nature, so that is why this is here before you today.
Vice Chair Hardemon: And I'll move --
Chair Gort: Thank you.
Vice Chair Hardemon: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Hardemon: You all are more familiar with the item in the sense that you were here when it was built. You are aware of the donation that was given to have this facility, and now, the facility -- in order to make it more accommodating for that area, we need to extend that lease, and so I'm asking for your support, and I move to accept this.
Commissioner Suarez: Second.
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Chair Gort: Okay. Moved by Vice Chairman Hardemon; second by Commissioner Suarez. Any further discussion?
Ms. Méndez: Chairman, and just to make sure that -- we also have to make sure we -- you're giving us the opportunity to draft any safe harbor provisions that have to do with IRS (Internal Revenue Service) compliance and things of that nature, as well, with regard to this resolution. Thank you.
Chair Gort: Yes. All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.15 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
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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0508
Chair Gort: RE.15.
Commissioner Suarez: Thank you, Mr. Chair. RE.15 is an allocation of Poverty Initiative funding in the amount of $30,000 to the Association of Builders and Contractors of Florida for their training institute. As I mentioned, in terms of my philosophy in trying to eradicate poverty in the City of Miami, it was a three-prong approach. It was bringing tech to the young generation, elementary school students, which was very successful; helping the elderly which live on fixed income, but also -- and it goes to what you're doing with the scholarship fund -- also helping able-bodied people in our community get the training that they need, so that they can occupy the jobs not only that are here today, but that are going to be here tomorrow; in particular, in areas that we know that are impoverished, where we also know there's going to be a tremendous amount of construction. So the funds will cover the tuition and lab costs for the first year of an apprenticeship training for the new enrollees, and the cost per student will be $780, which is a discounted rate offered by ABC. It'll allow 38 participants to better their standing in an already-existing industry, so with that, I'd like to invite Mr. Carrillo up to the podium to sort of elaborate a little bit more on the program.
Carlos Carrillo: Good morning, gentlemen. Thank you for having me here today. Carlos Carrillo, regional vice president, Miami-Dade County, for Associated Builders and Contractors, Florida East Coast Chapter. Our current Miami-Dade training facility is at 2890 Northwest 79th Avenue, Doral, Florida 33122. So I wanted to thank Commissioner Suarez and all of you
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here on the dais for considering us for this donation. What we will be doing in District 4 is unique. We will be leveraging these Poverty Initiative funds to help those in entry-level construction jobs now make the leap to a construction career. Commissioner Suarez' donation will allow 37 students -- 38, excuse me -- to go through their first year of apprenticeship training. Employers, knowing there is little to no cost for sending these students into an ABC apprenticeship program will now be more likely to hire within District 4 and give District 4 residents currently employed in the construction industry an opportunity for success within their chosen trade. So what are we talking about in terms of impact on someone's life? So according to the Florida Department of Economic Opportunity, entry-level wage for a plumber or pipefitter is about $28,000 a year. The experienced average wage is a little over $58,000. Those $30,000 make an enormous impact on one's life, and our apprenticeship programs are a fast track to getting there. If you have any questions for me regarding the program, I'd be happy to answer them.
Chair Gort: Thank you, sir. I think it's a great idea, because like I have my program mixed, too, also; the technical schools and universities.
Commissioner Suarez: I'd like to make the motion and --
Chair Gort: It's been moved by Commissioner Suarez.
Commissioner Suarez: -- I'd like to thank ABC for their help.
Vice Chair Hardemon: There is --
Commissioner Carollo: Second.
Chair Gort: Second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.16 RESOLUTION 15-01479 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2015, FOR THE ELECTION OF COMMISSIONER DISTRICT 1, COMMISSIONER DISTRICT 2 AND COMMISSIONER DISTRICT 4. 15-01479 Unofficial Election Results.pdf 15-01479 Official Election Results.pdf 15-01479 Post Election Audit Results.pdf 15-01479 Legislation.pdf 15-01479 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0509
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Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. RE.16 is officially acknowledging the City Clerk's certification of the canvas and declaration of the results of the City of Miami general municipal election, held on November 3, 2015, for the election of Commissioner, District 1; Commissioner, District 2 and Commissioner, District 4.
Commissioner Suarez: And move it on behalf of my colleague and new incoming Commissioner Russell.
Commissioner Carollo: Second.
Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
RE.17 RESOLUTION 15-00550 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Attorney SETTLEMENT IN THE AMOUNT OF $2,500,000.00 IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MARILYN JELKS AS GUARDIAN OF THE PERSON AND PROPERTY OF MARY MIFFLIN-GEE ("PLAINTIFF") V. CITY OF MIAMI, CASE NO. 13-026644 CA 25; AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE PLAINTIFF THE SUM OF $200,000.00; AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE PLAINTIFF THE AMOUNT OF A CLAIM BILL UP TO THE SUM OF $2,300,000.00 AFTER THE ENACTMENT OF A CLAIM BILL BY THE FLORIDA LEGISLATURE AND FURTHER AGREEING NOT TO OBJECT TO THE PASSAGE OF A CLAIM BILL IN THE AMOUNT OF $2,300,000.00; ALLOCATING FUNDS IN THE AMOUNT OF $2,500,000.00 FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.545013.0000.00000. 15-00550 Memo - Office of the City Attorney.pdf 15-00550 Memo - Budget Sign-Off.pdf 15-00550 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Suarez Absent: 2 - Commissioner(s) Sarnoff and Hardemon
R-15-0510
Todd B. Hannon (City Clerk): Just -- was there anything else on the regular agenda that needed to be addressed? We could potentially adjourn.
Victoria Méndez (City Attorney): RE.17.
Chair Gort: Yes.
Mr. Hannon: Or would you like to just recess the regular meeting and then hold off on RE.17? It's up to you?
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Chair Gort: RE.17.
Ms. Méndez: RE.17.
Chair Gort: It's what we discussed a little while ago.
Commissioner Suarez: How do you want us to make a motion, Madam Chair? I mean, Madam City Attorney?
Ms. Méndez: Yes. This is the approval of the settlement in Jelks versus the City of Miami, RE.17. It was the subject of our shade meeting, and I would ask for this Commission to approve the settlement.
Commissioner Suarez: Move to approve.
Commissioner Carollo: Second.
Chair Gort: Moved by Commissioner Suarez; second by Commissioner Carollo. Any 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 15-01456 Office of the City UNDER THE PARAMETERS OF FLORIDA STATUTES §286.011(8) [2014], Attorney 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 MARILYN JELKS AS GUARDIAN OF THE PERSON AND PROPERTY OF MARY MIFFLIN-GEE V. CITY OF MIAMI, CASE NO.: 13-026644 CA 01, PENDING IN THE CIRCUIT COURT OF THE 11TH 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, DISTRICT 2 COMMISSIONER, AND COMMISSIONERS FRANCIS SUAREZ, FRANK CAROLLO, AND KEON HARDEMON; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MÉNDEZ; DEPUTY CITY ATTORNEY, JOHN GRECO; DEPUTY CITY ATTORNEY, BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. 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
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WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. 15-01456 Memo - Office of the City Attorney.pdf 15-01456 Notice to the Public.pdf DISCUSSED
Barnaby Min (Deputy City Attorney): Mr. Chairman.
Chair Gort: Yes.
Mr. Min: Please recall, there is a shade meeting that will start directly at 3 o'clock. You will need to come --
Chair Gort: Come down at 3 o'clock.
Mr. Min: -- down to reopen the meeting.
Chair Gort: Okay.
Mr. Min: Thank you.
Chair Gort: Thank you. Madam Chairman [sic], 3 o'clock?
Victoria Méndez (City Attorney): Thank you, Chairman. On October 22, 2015, under the provisions of Section 286.0118 Florida Statutes, I requested that this Commission meet in private to discuss pending litigation in the case of Marlin Jelks, as guardian of the person and property of Mary Mifflin-Gee versus City of Miami, case number 13-026644 CA-01, pending in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade, Florida, to which the City is presently a party. The City Commission approved my request and will now, at approximately 3 o'clock, commence a private attorney-client session under the parameters of Florida Statute 286.0118. The private attorney-client session will conclude at approximately 4 p.m. At which time, the regular City Commission meeting will resume. The session will be attended by the members of the City Commission, which shall include Chairman Wifredo "Willy" Gort, Commissioners Keon Hardemon, Frank Carollo, and Francis Suarez; the City Manager, Danny Alfonso; myself, the City Attorney; Deputy City Attorneys, John Greco and Barnaby Min; and Senior Assistant City Attorney, Henry Hunnefeld. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. Thank you.
Chair Gort: Thank you, ma'am. We'll come back at 4.
Later…
Chair Gort: We'll have a quorum in a few minutes, and we'll get going.
Ms. Méndez: Chairman, our attorney-client session has ended, and we'll wait for the other Commissioners then to start the regular meeting.
Chair Gort: Okay, we have quorum. Commission Carollo, do you mind if we postpone your -- do you want to hear your --?
Commissioner Carollo: You guys -- you can (UNINTELLIGIBLE).
Chair Gort: Okay, perfect. Let's go into Planning & Zoning first.
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Todd B. Hannon (City Clerk): Okay. Before we begin -- so we're going to recess the regular meeting; if you can just give me two minutes to flip the tape, and then we'll start with the City Attorney's statement, and we'll administer the oath. We're running two separate agendas.
Daniel J. Alfonso (City Manager): I thought we had (UNINTELLIGIBLE).
Mr. Hannon: We're running two separate agendas.
Mr. Alfonso: (UNINTELLIGIBLE) 3 o'clock time certain?
Mr. Hannon: He already asked.
Chair Gort: They already asked, and he doesn't have any problem us waiting a few minutes.
Ms. Méndez: I already said that we have concluded our attorney-client --
Chair Gort: Yes.
Ms. Méndez: -- privilege session.
Mr. Hannon: Chair, we're good to go.
Chair Gort: Okay.
END OF ATTORNEY-CLIENT SESSION
BOARDS AND COMMITTEES
BC.1 RESOLUTION 15-01279 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Sonja Bogensperger Mayor Tomás Regalado
15-01279 Arts CCMemo.pdf 15-01279 Arts Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0476
A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Sarnoff absent, to appoint Sonja Bogensperger as a member of the Arts and Entertainment Council; 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
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members of the full City Commission, as it relates to past absences on record for Sonja Bogensperger as a member of the Arts and Entertainment Council.
Daniel J. Alfonso (City Manager): Okay, budget discussion.
Chair Gort: RE.17.
Mr. Alfonso: Oh, no, the BC's (Boards and Committees), no?
Unidentified Speaker: RE.17 --
Mr. Alfonso: No, 17 is after --
Victoria Méndez (City Attorney): Yes, RE.17 is after our attorney-client session --
Chair Gort: Okay, then --
Ms. Méndez: -- which is at 2 p.m.
Chair Gort: Will you announce it?
Ms. Méndez: I will announce it when we come back at 2. You and I will come back at 2; everyone else can go upstairs, and I'll announce it at that time.
Chair Gort: I think it might be around 3.
Ms. Méndez: Okay, whenever you like, Chairman.
Chair Gort: Yes, sir. Okay.
Nicole N. Ewan (Assistant City Clerk): Good morning, Chairs and Commissioners. Boards and committees. BC.1, Arts and Entertainment Council: Mayor Regalado will be reappointing with a four-fifths attendance waiver Sonia Bogensperger.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Vice Chair Hardemon: It's been properly moved and seconded. Any unreadiness? Seeing none, all in favor, say “aye.”
The Commission (Collectively): Aye.
Vice Chair Hardemon: Motion passes.
BC.2 RESOLUTION 15-01500 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chair Keon Hardemon
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Commissioner Francis Suarez
15-01500 Audit CCMemo.pdf 15-01500 Audit Current_Board_Members.pdf NO ACTION TAKEN
BC.3 RESOLUTION 15-01501 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Stephen Kneapler Mayor Tomás Regalado
15-01501 Charter Review CCMemo.pdf 15-01501 Charter Review Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0477
Nicole N. Ewan (Assistant City Clerk): BC.3, Charter Review & Reform Committee: Mayor Regalado will be reappointing Stephen Kneapler.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Vice Chair Hardemon: Been properly moved and seconded. Any unreadiness? Seeing none, all in favor, say “aye.”
The Commission (Collectively): Aye.
Vice Chair Hardemon: Motion passes.
BC.4 RESOLUTION 14-00967 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Civilian Investigative Panel
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Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN
BC.5 RESOLUTION 15-00412 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Brenda Betancourt Commission-At-Large
15-00412 CEB CCMemo.pdf 15-00412 CEB Current_Board_Members.pdf 15-00412 CEB Resume.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0478
Nicole N. Ewan (Assistant City Clerk): BC.5, Code Enforcement Board: There is one Commission-at-Large vacancy. Commissioner Suarez will be appointing Brenda Betancourt.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Gort: Been moved and second. All in favor, state it, “aye.”
The Commission (Collectively): Aye.
BC.6 RESOLUTION 15-01502 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN.
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APPOINTEE: NOMINATED BY:
Miguel Soliman Commissioner Frank Carollo
15-01502 CRB CCMemo.pdf 15-01502 CRB Current_Board_Members.pdf 15-01502 CRB Application and Resume.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0479
Nicole N. Ewan (Assistant City Clerk): BC.6, Community Relations Board: Commissioner Carollo will be appointing Miguel Soliman.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Gort: All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
BC.7 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:
Commissioner Wifredo (Willy) Gort
Vice Chair Keon Hardemon
Vice Chair Keon Hardemon
Commissioner Frank Carollo
15-01282 CSW CCMemo.pdf 15-01282 CSW Current_Board_Members.pdf NO ACTION TAKEN
BC.8 RESOLUTION 15-00291 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY
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BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
City Manager Daniel J. Alfonso (Ex-Officio Non Voting Member) City Manager Daniel J. Alfonso (Ex-Officio Non Voting Youth Member)
15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf NO ACTION TAKEN
BC.9 RESOLUTION 15-01503 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Wifredo (Willy) Gort
Vice Chair Keon Hardemon
Vice Chair Keon Hardemon
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
IAFF
FOP
AFSCME 1907
15-01503 EOAB CCMemo.pdf 15-01503 EOAB Current_Board_Members.pdf NO ACTION TAKEN
BC.10 RESOLUTION 15-01284 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN.
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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.11 RESOLUTION 15-01504 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Monique Messer Vice Chair Keon Hardemon
15-01504 Liberty City CCMemo.pdf 15-01504 Liberty City Trust Current_Board_Members.pdf 15-01504 Liberty City Trust Application.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, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0480
Nicole N. Ewan (Assistant City Clerk): BC.11, Liberty City Community Revitalization Trust: Vice Chair Hardemon will be appointing Monique Messer.
Vice Chair Hardemon: Move it.
Commissioner Suarez: Second.
Chair Gort: It's been moved and second. All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
BC.12 RESOLUTION 15-01285 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S
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INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Frank Carollo
15-01285 MIC CCMemo.pdf 15-01285 MIC Current_Board_Members.pdf NO ACTION TAKEN
BC.13 RESOLUTION 15-01505 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Commissioner Frank Carollo
Commissioner Frank Carollo
15-01505 MSEA CCMemo.pdf 15-01505 MSEA Current_Board_Members.pdf NO ACTION TAKEN
BC.14 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 A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Carlos Arboleya, Sr. Mayor Tomás Regalado
15-00420 PRAB CCMemo.pdf 15-00420 PRAB Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0481
A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Sarnoff absent, to appoint Carlos Arboleya, Sr. as a member of the Parks and Recreation Advisory Board; further waiving the attendance
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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 Carlos Arboleya, Sr. as a member of the Parks and Recreation Advisory Board.
Nicole N. Ewan (Assistant City Clerk): BC.14, Parks & Recreation Advisory Board: Mayor Regalado will be reappointing Carlos Arboleya, Sr., with a four-fifths attendance waiver.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Gort: Been moved and second. Any discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
BC.15 RESOLUTION 15-01506 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Maria Campos Mayor Tomás Regalado
T.Y. Jones Vice Chair Keon Hardemon
15-01506 Senior Citizens Committee CCMemo.pdf 15-01506 Senior Citizens Committee Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0482
Nicole N. Ewan (Assistant City Clerk): BC.15, Senior Citizens Advisory Committee: Mayor Regalado will be appointing Maria Campos; Vice Chair Hardemon will be appointing TY Jones.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
BC.16 RESOLUTION 15-01507
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Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Wifredo (Willy) Gort
Vice Chair Keon Hardemon
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
15-01507 UDRB CCMemo.pdf 15-01507 UDRB Current_Board_Members.pdf NO ACTION TAKEN
BC.17 RESOLUTION 15-01508 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Miguel Soliman Commissioner Francis Suarez
15-01508 WAB CCMemo.pdf 15-01508 WAB Current_Board_Members.pdf 15-01508 WAB Resume.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
R-15-0483
Nicole N. Ewan (Assistant City Clerk): BC.17, Waterfront Advisory Board: Commissioner Suarez will be appointing Miguel Soliman.
Commissioner Suarez: Hey, it's a good day for you, Miguel. Move it.
Commissioner Carollo: Second.
Commissioner Suarez: Hopefully, you'll stay on the newly-constituted --
Chair Gort: Been moved and second.
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Commissioner Suarez: -- Waterfront Advisory Board.
Chair Gort: Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Commissioner Suarez: And as you can tell, it's --
Ms. Ewan: That concludes the boards. Thank you, Chair.
Commissioner Suarez: -- excuse me a second.
Chair Gort: Thank you.
Commissioner Suarez: As you could tell, it's very important, because we just had a very important waterfront project in front of us.
Chair Gort: Okeydoke.
END OF BOARDS AND COMMITTEES
BUDGET
BU.1 BUDGET DISCUSSION ITEM 15-01353 Office of Management MONTHLY REPORT and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET)
II. SECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
15-01353 Summary Form.pdf
DISCUSSED
Chair Gort: Okay, discussion item.
Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management & Budget. BU.1 is the monthly budget report. We covered most of this in RE.9, the year-end budget amendment, adding $11.1 million to the fund balance, and the second year of compliance with financial integrity principles. Robin has a bond counsel opinion that we'd like to put into the record associated with that item, RE.9, just stating that everything we did in the year-end budget amendment is in compliance with ongoing compliance measures associated with our bonds. The books did close November 4, and everything that we discussed earlier in RE.9 is still in effect. I would tell you also that we have undertaken phase two of the Hyperion Budgeting System, and we're adding some functionality to that system so that we will make the budget process even better as we go, but we've started the next year's budget already, and I'll take any questions you may have at this time.
Chair Gort: Thank you, sir. Any questions? Okay.
Mr. Rose: Thank you.
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END OF BUDGET
DISCUSSION ITEMS
DI.1 DISCUSSION ITEM 15-01176 City Commission STATUS OF HIRING POLICE OFFICERS. 15-01176-Submittal-City Manager-Police Department Hiring and Staffing Update Memo.pdf
DISCUSSED
Chair Gort: Extension of the life for both Southeast Overtown/Park West, DI.2.
Vice Chair Hardemon: That's continued.
Daniel J. Alfonso (City Manager): No, DI.2 is being deferred. We did that earlier today, sir. DI.1, the status of hiring police officers. I don't know; do you want to have that discussion? I also would like to ask the Commission if you want to continue to have that item every meeting, or would you like to have maybe a quarterly report done?
Chair Gort: Well, I would like to have it, if possible, maybe quarterly, but we'd like to keep it up to date. I think it's very important, because a lot of people are asking about the police and police actions and so on. And it's very important that the public understands everything that we're doing to get additional police officers in the force, but at the same time, I think it's very important, Mr. Manager, that we explain to hire policemen, how long it takes, it used to take before, how long it's taking now after changes have been made. Did you get that?
Mr. Alfonso: Yes, sir. As you know, we have expedited recruitment for police officers quite a bit. We added a number of folks to do background investigations. We changed some of the processes in terms of how we do the physical agility test, et cetera, and the results are visible. Right now we're at 1,222 sworn, filled positions. That is the latest number that we have, and we provided that --
Commissioner Suarez: Out of how many? Out of how many budgeted?
Chair Gort: We budgeted 15.
Commissioner Suarez: 13 --
Mr. Alfonso: Well, remember, we just added --
Commissioner Suarez: Right.
Mr. Alfonso: -- 60 positions --
Commissioner Suarez: Yeah.
Mr. Alfonso: -- to the budget. Our previous budget number had been 1,261.
Commissioner Suarez: Right.
Mr. Alfonso: So at 1,222 --
Commissioner Suarez: So now we're at 1,320, correct?
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Mr. Alfonso: Yeah. We're -- I'm sorry?
Commissioner Suarez: So we're now at 1,320?
Mr. Alfonso: Yes, 13 -- 12 -- yes, we're now at a total budget of 1,320 --
Chair Gort: 13.
Mr. Alfonso: -- 1, and we are currently at 1,242 positions filled.
Commissioner Suarez: Let me -- can I just say something real quick on this, Manager? I mean --
Chair Gort: Yes. Mr. Manager.
Commissioner Suarez: -- I mean, Mr. Chair. Yeah, I just -- I've been reading a lot of reports, and I just read one, I think, two days ago, that Doral, you know, is hiring, you know, so there's a lot of municipalities -- Dade County is also hiring. I think we lost a couple of officers potentially to -- you can -- I'll let you respond to that, but the point being that we're in a hypercompetitive environment, and it looks like it's going to get even more competitive, because we do know that there are a lot of drops on the County; there's going to be a lot of drops in the City, et cetera, et cetera, so I just -- as much progress as it appears that we're making, I just want us to understand and be reflective of the future competitive environment that we're going to be in. And so, you know, that's something that we're going to have to just evolve with and, you know, we -- I think at least quarterly, talking about this is important, because we need to be nimble when it comes to strategizing to make sure that we can get our fair share and get to our numbers.
Mr. Alfonso: Absolutely, Commissioner. I want to point out that we opened up our recruitment for the next batch of officers that we're going to be hiring. We were open for five days on the system. We shut it down after we had over 2,300 applicants. Now, we will reject probably 90 percent of those applicants. That's our history. But that's because we are selective, and we want to make sure that the people that we're hiring are fully qualified. We are very competitive with our market that we're in. Right now, a starting police officer, once they pass the academy and they graduate and they get FDLE (Florida Department of Law Enforcement) and all that, certification, our police officers are starting at $50,800 a year, roughly, and that's for a, you know, 21-year-old, doesn't have to have a college degree and whatnot. That is very competitive. Our -- the fact that the City of Miami is one of the only departments in the area that has four 10s is very attractive to most law enforcement folks. You know, you go to the County, you're doing eight-hour shifts. That means you're working five days a week, and they have, you know -- So, for us to have four 10s makes it very attractive. We have a good pension plan, et cetera. So we're very competitive. We have no shortage of recruits at this time. But it's certainly something that we will take into account. We also have the secondary pension plan, which is something that a lot of other folks don't have, because of the whole issue of Social Security and whatnot. So we're competitive, sir, and -- but we are definitely mindful of the fact that officers are scheduled to leave, and we are working diligently to make sure that we get ahead of that, which will be at the end of 2017 is when we see the real problem, but as you can see right now, at 1,240, we are significantly higher than we've ever been in the City of Miami, and we continue to work to make it happen, so.
Chair Gort: Thank you, sir. Any other questions? Anybody going to make a presentation?
Mr. Alfonso: You want (UNINTELLIGIBLE) presentation to make, or do you want -- any questions, Commissioners?
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Commissioner Suarez: That's fine.
Chair Gort: Manny, as I stated before, I think it's very important for the public that are listening and viewing this program to see the -- first of all, we have been able to reduce, my understanding, the time from hiring a police officer. At one time, it used to be close to almost a year before it really go on patrol. I think now it's been reduced, and you can tell me the figures. At the same time, it's important for you to explain the requirement. Like the Manager just stated a little while ago, out of 2,500 applicants, maybe we get 10 percent that will qualify, and the reason why.
Commissioner Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Carollo: Thank you, Mr. Chairman. And I want to stress, especially in light of the various incidents that have made the news in Little Havana, the recent shooting next to Riverside Park during peak hours when families are out. And I have visited Domino Park on numerous occasion, and it seems that -- seems -- no; it's reality -- the people that visit there and play dominos there are really concerned. Apparently, there's been more crimes in that area. I know the week after the shooting in Riverside Park, there was a stabbing at 16th Avenue and Southwest 8th Street. So I want to make sure that if we are hiring more officers that they are on patrol; that they are going to, you know, the various areas that it's needed. I think there needs to be more visibility, especially in the area of Southwest 8th Street, you know, and this -- and all you have to do is walk and talk to the businesses and speak to the numerous tourists and the numerous locals that are going to Domino Park. With regards to any park, when you have a shootout, you know, next to a park, that's not very conducive to public safety. And maybe in those peak times, we could have, you know, an additional patrol unit in that area patrolling, because, obviously, I -- it's my belief that that shootout will not happen if there was a patrol unit in that area. And I don't think that the solution is, “Well, all the games, now we're going to move them from Riverside Park to Jose Marti Park.” That's not a solution. You should be able to use that park, you know, in a manner that you feel safe in, you know, especially when, you know, the area of Little Havana really doesn't have too many parks to go with. So I wanted to put that for the record. I wanted to, you know, have you address that, Chief, if you could.
Deputy Chief Luis Cabrera: Deputy Chief Luis Cabrera, City of Miami Police Department. Commissioner, we share your concerns. Please be assured, we're going to take proactive measures to address that. Public safety and superior policing services is what we strive for, and we're going to continue to strive for that, so we will address these issues. And we're looking at different strategies to make sure that we address the criminal element that has been plaguing the area as of recent.
Commissioner Carollo: Listen -- and I understand you have gang units and various other special units involved, but at the same time, I think we need visibility. Is it possible to have a marked unit in -- especially -- and realistically, it gets dark now at 6:30, so we're talking maybe from 4 to 6, or 4 to 6:30, a couple of hours; you know, have a unit there by that park so families feel, you know, safe, that they can go and play with their kids or see their kids, you know, play sports. And I think it's reasonable, and I think it should happen. And also, listen, during the day, I know the -- and I'll mention like it's been said before, Caballo de la Calle Ocho, I mean, it's there. I think it's great. You have a sworn law enforcement officer, but I think there needs to be a little bit more presence there, especially with all the tourists that we have. You know, I remember years back where we had issues, and it wasn't just the City of Miami; it was, you know, the County, but primarily in the City of Miami where we had, you know, different violent crimes against tourists, and I just want to make sure that the tourists that visit, you know, Southwest 8th Street, as well as any place in the City of Miami, but I guess, internationally, Calle Ocho and, you know, Domino Park is very well known, that we get some additional police presence there.
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Deputy Chief Cabrera: We will, Commissioner.
Chair Gort: Let me --
Commissioner Carollo: Thank you.
Chair Gort: -- add to this. I've seen all through the City parks, they're beginning to have problems with the gangs and the different people. Right now I have a couple of problems, which I'm going to sit down with Parks Department, that we need to deal with. At the same time, I've noticed -- and I don't know if I'm correct -- but domestic violence is something that is increasing within the City of Miami, so I think, somehow, we got to strategize to work with that.
Deputy Chief Cabrera: Commissioner, if I may be able to answer your question. We're looking at, within the next few weeks, increasing our Gang Unit staffing, so we're going to double the amount of officers in our Gang Unit. And we're also looking at implementing a narcotics unit to be -- to work in the SIS Unit and curtail the narcotics activity within the City of Miami. Relating to domestic violence, we will be increasing the detectives in that unit. In order to become more proactive, we're also going to have apprehension teams to identify those who are committing these acts and begin to apprehend them and bring them in as the investigations conclude.
Chair Gort: And correct me if I'm wrong, but my understanding, one of the worst enemy that the police officers have is domestic violence. That's something which is very critical.
Deputy Chief Cabrera: Yes, sir.
Chair Gort: Yes, sir.
Vice Chair Hardemon: In the initial plan of my anti-poverty initiative, one of the things that I discussed in it had to do with confiscating property. The proper term escapes me at this moment, but taking property away from people that use that property to have criminal enterprises, so in our community, it looks like certain corner stores, certain houses, things of that nature, and so they're using, for instance, a legitimate business as a front to sell drugs, to have illegal activity going out of it, and you know what they look like, and all of us who are in this community know what it looks like. And so, that's something that I want to just sit down with you and the Chief to iron over a little bit so we can see exactly what it looks like, because it's a way that we can take property and put it to a better use, and to get the criminal element out of those properties. And so, we'll talk a little bit more about it. It's something that's been done before. It's not new, or novel, but certainly something that will generate some discussion, so it's worth the consideration.
Chair Gort: Thank you. Any other questions. Thank you, sir.
Mr. Alfonso: Mr. Chairman --
Chair Gort: Mr. Manager.
Mr. Alfonso: -- if I may, a couple of more comments. First, I want to point out that the reality of somebody who's aggrieved by a crime is undeniable, right, but overall, again, the police numbers show that in Little Havana, compared to the prior year, the numbers are down, but I understand when things happen and they become public, it's of concern, and we're certainly taking that into account. I want to talk about some of the issues that we do have in terms of the crime at certain peak times and things like that. Our issues that we can address with staffing at certain times of the day when we know the activity is higher, which is one of the reasons why some of the folks that we're adding, per se, are not necessarily patrol, because that's limited in terms of how we can manage that personnel. But beats, which are more assignable as per the
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labor contracts that we have to deal with. And the other things that I've been trying to address -- and this is something that we'll come back to the Commission with -- is the issue of making more use of our available resources in terms of the Reserve Officer Program and how we can perhaps allow for those officers to be used on part-time basis so that it frees up more officers to be put out on the street at certain times of the day and whatnot, so that is something that we're certainly considering, and we'll be bringing that to the Commission for consideration.
Chair Gort: Thank you.
DI.2 DISCUSSION ITEM 15-01372 City Commission STATUS UPDATE REGARDING THE EXTENSION OF THE LIFE OF BOTH THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY.
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item DI.2 was deferred to the January 14, 2016, Regular Commission Meeting.
DI.3 DISCUSSION ITEM 15-01318 Department of Real DISCUSSION REGARDING STATUS UPDATE OF THE FLAGSTONE ISLAND Estate and Asset GARDENS PROJECT ON WATSON ISLAND. Management 15-01318 Summary Form.pdf 15-01318-Submittal-Brian May-Flagstone Progress Photos.pdf DISCUSSED
Chair Gort: Do we have any other item?
Commissioner Carollo: DI.3.
Chair Gort: DI.3.
Daniel J. Alfonso (City Manager): DI.3 is a discussion, Flagstone.
Vice Chair Hardemon: That's correct.
Brian May: Hopefully, I won't knock this down, all right.
Vice Chair Hardemon: You're recognized, sir.
Mr. May: Mr. Vice Chairman, members of the Commission. Commissioner-elect Russell was here a minute ago. I was going to recognize him and congratulate him as well. I was asked to come this morning and give a brief update on the status of Flagstone Island Gardens and the progress thus far, so that's what I'm here to do. We have a few images for you that will give you a visual of the progress on the marina side of the development. If you see the images now, you
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can see that the in-water work of the marina, I'm happy to say, is complete. The bulkhead is -- seawall is fully in place and constructed, and the -- all of the dredging is completed. Our environmental mitigation work is ongoing, but is well underway. I would say that we are about 60 to 70 percent complete in that endeavor. We do have some additional items that have to be completed. Some of that is being held up due to an Army Corp permit between Miami-Dade DERM (Department of Environmental Resource Management) and the Army Corps of Engineers. The progress and timeline of that, frankly, we're unsure of, but, you know, as soon as we have the go-ahead to complete that work, we will do so. So all the marina piers are installed, and we are in the process of achieving completion of the Marine Operation Center, which is -- basically, will be, temporarily over the next couple of years, the repurposed sail center showroom facility that we have on site in the easement, and we are seeking a TCO (Temporary Certificate of Occupancy) for the marina and the Operation Center in December of this year, and we're well underway. At this point, we are working on the water and sewer and utilities that would connect to the marina at this point. I'm also happy to announce that the hotel development is well underway. Flagstone has executed term sheets with two major hotel chains to be the flags on the site for both hotels, both the four-star and the five-star, and we are expecting to announce those by the end of this year, so an announcement will be forthcoming. I didn't say this, but you might expect one shortly around Art Basel, somewhere in that time frame. In addition to that, we have term sheets for a major anchor retail tenant that has been executed, as well as a major dining and restaurant anchor tenant as well. Both of those will be unique in nature, and we expect to announce those in the first couple of months of 2016. As far as the upland, the upland constructioning [sic] goes, we are looking to start their utility relocation work immediately after the boat show completes in February. We do expect to have some vessels moored here, docked here during the boat show to start to display, you know, the impact of the mega yacht, super yacht community on our city. Also, once the utility relocation is complete, which will take months, we should be -- that should be followed by soil mixing and testing, and we do expect and are targeted to actually pour foundations in the fall of 2016 in order to complete our expected completion date for the entire project in the end of 2018. That's the update for the moment; happy to take any questions. As far as I know, we are complete and current with all rental payments to the City, and we're pleased to always be doing that well also.
Chair Gort: Okay. Any questions?
Mr. May: I forgot to show you all the pictures, but there are more -- much more of those, just to give you a sense. (UNINTELLIGIBLE)
Chair Gort: Let me ask a question. What's the capacity of mega yachts?
Mr. May: It depends on their configuration. The -- let me get to the --
Chair Gort: Because I was looking; it's very open.
Mr. May: Yes, and it is that way on purpose. If you look on the -- if you look on that -- the docks that are furthest away from the upland, those are really meant for the super, super yacht, so if there's a 400-foot or 500-foot yacht that comes into town, this would be the ideal location for them, sitting on Government Cut, you know, sitting on the turning basin for the cruise line and looking back at the skyline of our beautiful city. The same can be said as you come perpendicular to the upland on the outer piers, on the outside. Those would be also to accommodate those, should we have more than two or three at a time. As far as inside, once you get inside, the configuration is perpendicular to the dock. So, in other words, they would be backed moored in half-way, which is typical if you, you know, head over to Europe or, you know, places that are, you know, have more of those -- these types of facilities. That's typically how the inside of them are done, so it's a typical configuration. Actual number, you know, depending -- you could, I think, accommodate up to 40 slips here, even maybe a little more of, you know, big boats, but depending on the configuration of what we have in there at any time, it could be
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considerably less.
Chair Gort: Thank you.
Mr. May: You're welcome.
Chair Gort: Any other questions? Okay, thank you, sir.
Mr. May: Thank you for your time.
DI.4 DISCUSSION ITEM 15-01317 District 4- DISCUSSION REGARDING WYNWOOD WATER TAXI LOCATIONS. Commissioner Francis Suarez 15-01317 E-Mail - Discussion Item.pdf 15-01317 Routes.pdf 15-01317 Pictures.pdf DISCUSSED
DI.5 DISCUSSION ITEM 15-01402 District 4- DISCUSSION REGARDING GOOGLE FIBER. Commissioner Francis Suarez 15-01402 E-Mail -Discussion Item.pdf 15-01402 Google Fiber Checklist.pdf 15-01402-Video Presentation-Commissioner Suarez-Google Fiber for Small Business.pdf DISCUSSED
Direction by Commissioner Suarez to the City Manager to draft a plan within the next ninety (90) days that will allow for the City of Miami to participate in the expansion of the Google Fiber program that is occurring in cities throughout the United States.
Todd B. Hannon (City Clerk): And then, Commissioner Suarez, did you want to address DI.5, discussion item, Google Fiber?
Commissioner Suarez: Yeah. I mean, how much time is it going to take us? Two minutes. Yeah, two minutes. It'll take two minutes.
Commissioner Carollo: Absolutely.
Commissioner Suarez: In that way, we can close out the regular agenda and go to Planning & Zoning, or we're going to go back to Planning & Zoning. So, you know, Mr. Diaz is going to play a video just to highlight -- and sort of taking off on the theme of being a technological city and being on the forefront of technology as a city, Google, as well as AT&T (American Telegraph & Telephone) locally, which is one of our franchisees --
Commissioner Carollo: Yes.
Commissioner Suarez: -- is making a huge push to increase, on a residential basis, our computing power, our upload and download speeds to a 1,000 megabytes, which is a gigabyte,
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of transfer speed up and down, which right now is about 20 times the maximum allowable speed that has been currently available to residences. It's done at a very modest price when you consider the increase, the exponential increase in computing power that we're talking about. And I think, again -- because I believe in the future of our economy, not just as a city -- certainly, I believe in it as a city, but I think as a country and in the world, it's going to be more and more tech-based as we rely more and more on tech-based instruments to perform daily functions; that it's imperative that the City work with companies like Google, like AT&T. AT&T's already here and is already sort of doing it, but we work with all these different companies to come here and put us on the forefront of the available computing power, not only for residents, but also for businesses and for our schools.
Note for the Record: At this time an audio-video recording was shown.
Commissioner Suarez: I think that's a very compelling video on how increasing our technology capacity can be very influential in the success of small businesses and home-grown businesses in our community. I'd like to instruct or direct the City Administration to come up with a plan in the next 90 days, in discussion with Google and AT&T, which is one of our current providers, on how we can become a gigabyte city. In other words, how can we provide to our residents and our business owner gigabyte power? That, I think in some cases, are already sort of coming, although that -- you know, that network is not completed, but I want to see -- I want to have, you know, our IT (Information Technology) Department and our Administration work with these providers to make sure that we, the City, are doing everything we can to expedite their ability to provide this kind of service citywide.
Commissioner Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Carollo: I wholeheartedly agree with my colleague, and like he mentioned, I do believe it is coming. However, I just believe that we need to be in the forefront, and we need to be one of the cities that has it already. And so I -- once again, I'm -- back you 100 percent. This is something that we need to do. It's not something that we would like to do; it's something that we need to do. And I think that everything with technology, we need to be in a cutting edge and in the forefront. So, you know, I actually -- I think it should be quicker than 90 days, you know. I --- we have the holidays, but, you know --
Commissioner Suarez: Yeah.
Commissioner Carollo: -- but I yield to you.
Commissioner Suarez: Let's --
Chair Gort: Well, then, let's just --
Commissioner Suarez: -- why don't we shoot for 60 days? And if you can't do it in 60 days, we'll talk -- we'll defer it for another 30 days. How 'bout that?
Chair Gort: Okay.
Commissioner Suarez: So second meeting of January, we'll bring it back as a discussion item. Thank you.
Later...
Commissioner Suarez: Mr. Chair, if I may, let's do it first meeting of February, because that
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gives a little bit more time. First meeting of February.
Mr. Hannon: February.
Commissioner Suarez: Thank you.
Chair Gort: Okeydoke.
DI.6 DISCUSSION ITEM 15-01476 District 4- DISCUSSION REGARDING PARKING AND MIAMI-21 T6 ZONE. Commissioner Francis Suarez 15-01467 E-Mail- Discussion Item.pdf 15-01467 Memo - Commissioner Suarez.pdf DISCUSSED
Chair Gort: DI.4, Commissioner Suarez.
Commissioner Suarez: Yeah, we already had that one --
Chair Gort: We already had that.
Commissioner Suarez: That one had the time certain. Thank you.
Chair Gort: We already had that. We're on 5.
Commissioner Suarez: Yeah, if you don't mind, I'd like to table it to the afternoon.
Chair Gort: No problem.
Commissioner Suarez: Thank you.
Chair Gort: DI.6.
Commissioner Suarez: Thank you, Mr. Chair. DI.6 is a discussion item, and it's regarding a concept. We've done a lot of things as a Commission to promote transit, and there is already existing in our Code a designation where areas that are developed T-60 or T-80 within a transit-oriented development can be developed without parking, and there are many developments that are potentially smaller but have the same distance from a transit-oriented node that could benefit from similar regulations. I don't think it would be any less onerous, if you will, to have -- if you make that policy decision for a 60- or 80-story building, which is a certain distance from a transit node, which we've already made in our central business district, then we should make an equal determination if it's a smaller building. I mean, I don't think that the size of the building really determines whether or not we should have parking requirements. So I just wanted to bring that for discussion and for -- sort of, you know, highlighting what may be a future piece of legislation, and I've worked in conjunction with the Planning director on this issue. We've talked about it. And it's something that I may be bringing in the future as a piece of legislation. Just wanted to bring it to your attention.
Chair Gort: Okay.
DI.7 DISCUSSION ITEM 15-01379
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District 2- DISCUSSION REGARDING DELIVERY TIMES AND LOADING ZONES. Commissioner Marc David Sarnoff 15-01379 E-Mail - Discussion Item.pdf
DISCUSSED
Chair Gort: D7 [sic] is not here. D8 [sic].
Daniel J. Alfonso (City Manager): I mean, the remaining discussion items were discussion items that were brought forth by the District 2 Commissioner. I don't know if we want to talk about those. There is one item there that the Administration is looking at bringing some legislation forward, which is DI.7, the discussion regarding the delivery times and loading zones. I don't know if you want to talk about that.
Chair Gort: Discussion.
Commissioner Carollo: Sure.
Mr. Alfonso: Okay, so --
Chair Gort: It's discussion. We're not making any --
Mr. Alfonso: Yes, I know. So the issue is, if you are driving in the core of downtown, often during the day, you'll have a lot of trucks, large vehicles that are parked in the right-of-way, loading and unloading, and what we would like to do is create an area, particularly in the inner core of the City or areas that are highly commercial, to require loading and unloading at off-peak hours, as it is done in other major cities. So, it's something that we want to talk about with our Planning, Zoning, urban folks and come up with something to bring to the Commission in the future.
Chair Gort: I think it will be very important, because the biggest problem is in peak hours, especially with all the construction taking place right now, it's becoming a major problem getting in and out of certain areas, and sometimes people tend to abuse. They might park there, put their blinkers on, and get down and get a cup of coffee or something like that, so I think it will be very important.
Mr. Alfonso: Thank you. We'll work with the Commissioners on that.
DI.8 DISCUSSION ITEM 15-01471 District 2- DISCUSSION REGARDING A LEGISLATIVE AMENDMENT TO FLA. STAT. Commissioner Marc 286.111. David Sarnoff 15-01471 E-Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
DI.9 DISCUSSION ITEM 15-01472
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District 2- DISCUSSION REGARDING THE DOG FRIENDLY DINING PROGRAM. Commissioner Marc David Sarnoff 15-01472 E-Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
DI.10 DISCUSSION ITEM 15-01473 District 2- DISCUSSION REGARDING CONTRACTOR TREE TRIMMING. Commissioner Marc David Sarnoff 15-01473 E-Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
END OF DISCUSSION ITEMS
MAYOR AND COMMISSIONERS' ITEMS CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS DISTRICT 1
CHAIR WIFREDO (WILLY) GORT
END OF DISTRICT 1 DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
END OF DISTRICT 2 DISTRICT 3
COMMISSIONER FRANK CAROLLO
D3.1 DISCUSSION ITEM 14-01093 UPDATE REGARDING DISCUSSION ON IMPROVING THE CAPITAL
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IMPROVEMENT PROJECT (C.I.P) PROCESS. 14-01093 CITP Baseline Proj. Schedules.pdf
DEFERRED
Note for the Record: Item D3.1 was deferred to the January 28, 2016, Planning and Zoning Commission Meeting.
D3.2 DISCUSSION ITEM 15-00912 CITY BEAUTIFICATION. 15-00912 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: Item D3.2 was deferred to the January 28, 2016, Planning and Zoning Commission Meeting.
D3.3 DISCUSSION ITEM 15-00913 ALLOWING RESIDENTS TO PAY THE CITY WITH CREDIT CARDS.
15-00913 E-Mail - Discussion Item.pdf
DISCUSSED
Commissioner Carollo: But I do want to discuss D3.3, which is allowing residents to pay with credit cards, you know, in our City parks; for instance, summer camps and so forth. A resident came to -- brought it to my attention that they couldn't pay for summer camp with a credit card, and unfortunately, sometimes you don't have the money upfront to pay in a lump sum. So I've discussed this with the management. They mentioned with regards to a point of sale, which is the first thing that needs to be done, but that was within our budget, so I just want to put it on the record and get some type of feedback from them on the record.
Fernando Casamayor: Good morning, Commissioners. Fernando Casamayor, CFO (Chief Financial Officer), Assistant City Manager. And, yes, Commissioner, we've been discussing for some time the expansion of credit card services for City residents and for some of the services. It does require an upgrade to our existing point of sale system, and then an expansion of that point of sale system. We've identified how we can do that. We also want to enter into a contract that gets some of our volume -- gives us some credit for the volume that we're going to have of transactions if we expand so that we get a better fee for the credit card processing charges, as well. We hope to begin implementation of the point of sale expansion and upgrade in January. Jose, was it January? Yes, so we're starting the program in January. We're going to begin with our existing cashiers, which are in the MRC (Miami Riverside Center). We have the Building Department and the Finance Department, and we're going to include several departments, and I believe Parks is one of the first ones we're going to include as one of the pilot, in order to establish -- now, we're not going to have credit cards at every single park, because not every park has 24 -- you know, eight hours a day worth of administrative staff, and once you're taking credit cards and payments and cash, you want to have more than one individual there in order to count and make sure, the end of the day, the balance is complete. And we're also working on the type of reports that we need from the credit card processors and the point of sale system in order to be able to balance and close every day. So we will begin in January. You should be seeing some movement on that very soon, sir.
Commissioner Carollo: Excellent. Mr. Chairman?
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Chair Gort: Yes.
Commissioner Carollo: Well, thank you. I appreciate, you know, from the time that we've spoken about this, all the update and, actually, you know, getting to work to make this happen. I'm not -- and the intent was never to have credit cards in every park, but the ability for residents to pay for, like I mentioned, summer camp with a credit card.
Mr. Casamayor: Yes, sir. And --
Commissioner Carollo: So --
Mr. Casamayor: If I may also -- I mean, what we'd also like to do is expand the online capability for payments --
Commissioner Carollo: Absolutely.
Mr. Casamayor: -- as well, and then use our NET (Neighborhood Enhancement Team) offices. I mean, just because a park doesn't have --
Commissioner Carollo: Yes.
Chair Gort: This is just a suggestion.
Mr. Casamayor: -- a cashier in it, we can go to a NET office that has multiple individuals and use that as a City store where they can purchase multiple things.
Commissioner Carollo: Absolutely. And I appreciate your efforts, and the whole Administration's work on this item. And this should be in place -- you mentioned legislation possibly in January, but this should be in place prior to the start of next year's summer, correct?
Mr. Casamayor: We're hoping to do that at least for some of the parks that we're going to bring online, yes, absolutely, before summer so individuals can, you know, utilize this, if they choose to pay with a credit card.
Commissioner Carollo: Excellent. Thank you.
Chair Gort: You know, when the NET office first began, long -- in the '90s, they were able to do a lot of those procedures at the NET office. In other words, people didn't have to come all the way to downtown to do that. I think we should look at that and interoffice -- that's what that was created for, to serve the neighborhoods.
Mr. Casamayor: Agreed, sir.
Chair Gort: Thank you. Any other discussion item?
Commissioner Carollo: I think we're done.
Chair Gort: 12 o' clock. Be back at 3.
END OF DISTRICT 3 DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
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END OF DISTRICT 4 DISTRICT 5
VICE CHAIR KEON HARDEMON
END OF DISTRICT 5
NON AGENDA ITEM(S)
NA.1 DISCUSSION ITEM 15-01546 CHAIR GORT REQUESTED A MOMENT OF SILENCE IN MEMORY OF THE VICTIMS OF THE UNSPEAKABLE TERRORIST ATTACKS THAT OCCURRED IN PARIS, FRANCE, ON NOVEMBER 13, 2015. DISCUSSED
Chair Gort: At this time, I would like to ask for everyone to join me in a moment of silence for all the victims of terrorism attacks in Paris, France, and around the world. Our thoughts and prayers are with their families and loved ones.
Note for the Record: A moment of silence was had at this time.
Chair Gort: Thank you.
NA.2 DISCUSSION ITEM 15-01547 THE MIAMI CITY COMMISSION RECOGNIZED DISTRICT 2 COMMISSIONER-ELECT KEN RUSSELL IN THE COMMISSION CHAMBERS. DISCUSSED
Commissioner Suarez: And I want to take a moment -- I don't know if the Chair did this before I arrived -- to recognize our Commissioner-elect from District 2, Ken Russell, who is there in the audience; just wanted to congratulate you and recognize you for being here.
NA.3 DISCUSSION ITEM 15-01549 VICE CHAIR HARDEMON REQUESTED A MOMENT OF SILENCE AND EXPRESSED HIS CONDOLENCES FOR THE FAMILY OF JOHNNY LUBIN, A STUDENT FROM MIAMI NORTHWESTERN SENIOR HIGH SCHOOL WHOSE LIFE WAS TRAGICALLY ENDED WHILE WALKING HOME FROM SCHOOL; AND FOR THE FAMILY OF DR. PRESTON MARSHALL, JR., A 40-YEAR ADMINISTRATOR FOR MIAMI-DADE COUNTY PUBLIC SCHOOLS, AS WELL AS A LEADER IN THE COMMUNITY WHO FOUNDED THE MLK PARADE IN LIBERTY CITY AND SERVED AS A CHAPLAIN FOR THE OPA-LOCKA POLICE DEPARTMENT AND MIAMI-DADE DEMOCRATIC PARTY. DISCUSSED
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Chair Gort: Mr. Manager.
Daniel J. Alfonso (City Manager): Mr. Chairman, thank you. Good morning to all. We would like to --
Vice Chair Hardemon: Mr. Manager -- can I interrupt for a moment, Mr. Chairman? I just wanted to say one thing before did any business. I know we just had our protocol items, but, as you could imagine, a lot of losses have been happening in Liberty City, and a lot of losses have been happening within the City of Miami. And first, I'd like to give my condolences to the family of the child from Miami Northwestern Senior High School and all of the Miami Northwestern Bulls family for what's happening within the City of Miami. And then, I'd also like to say just a few things about Dr. Preston Wellington Marshall, Jr., and have a moment of silence for him. Dr. Marshall, he grew up in Overtown, and he earned his high school diploma from Booker T. Washington Senior High School, and he went on to earn his baccalaureate degree in science from Southern University; a master in education from Florida Atlantic University; and a doctorate in education from Arizona State University. He accomplished -- he became an accomplished musician and won several awards during his public school tenure as band director; and he was fluent in several languages, including Spanish, French and Swahili. You don't see that too often. He's the original founder of the Miami Dr. Martin Luther King, Jr. Parade, which is celebrating about 40 years of service. And he passed on Sunday, November 15. And so I'd like to ask that in honor of him and the families that have been experiencing loss within our Miami community that we have a moment of silence.
Chair Gort: We'll stand. We'll stand.
Note for the Record: A moment of silence was had at this time.
Chair Hardemon: Thank you, everyone.
Chair Gort: Thank you.
NA.4 ATTORNEY-CLIENT SESSION 15-01550 PURSUANT TO THE PROVISIONS OF SECTION 286.011(8), FLORIDA STATUTES, AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR DECEMBER 10, 2015, AT APPROXIMATELY 2:00 P.M., FOR THE PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: MIAMI-DADE COUNTY, ET. AL. V. FLORIDA POWER & LIGHT COMPANY, ET. AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET. AL., CASE NO. 15-747, BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 150009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. DISCUSSED
Victoria Méndez (City Attorney): Chairman, if I may?
Chair Gort: Yes, ma'am.
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Ms. Méndez: I would like to request an attorney-client session, but for December 10. Could I read that into the record now?
Chair Gort: Sure.
Ms. Méndez: Mr. Chairman and Members of the Commission, pursuant to the provisions of Section 286.011(8) Florida Statutes, I'm requesting that at the City Commission meeting of December 10, 2015, an attorney-client session, closed to the public, for purposes of discussing the pending litigation in the following cases: Miami-Dade County, et. al versus Florida Power & Light, Case Number 3D-1467, 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, 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, before the U.S. (United States) Nuclear Regulatory Commission; and in re Nuclear Cost Recovery Clause, Docket Number 150009, before the Florida Public Service Commission. The subject of this meeting will be confined to settlement negotiations or strategy sessions related to the litigation expenditures. The session will be attended by members of the City Commission, which shall include: Chairman Wifredo “Willy” Gort; Commissioners Keon Hardemon, Ken Russell, 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, Nicholas Basco and Matthew Haber. Thank you.
Chair Gort: Thank you, ma'am.
Vice Chair Hardemon: When is that for?
Chair Gort: FPL (Florida Power & Light).
Ms. Méndez: FPL.
Vice Chair Hardemon: No, when?
Ms. Méndez: Oh, it's December 10.
Chair Gort: Next meeting.
NA.5 RESOLUTION 15-00729 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING THE CREATION OF A SPECIAL TAXING DISTRICT IN RELATION TO THE DEVELOPMENT OF THE MIAMI WORLDCENTER PROJECT; FURTHER DIRECTING THE MIAMI CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MAYOR OF MIAMI-DADE COUNTY AND THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS; AND PROVIDING FOR AN EFFECTIVE DATE. File No 15-00729 Exhibit A.pdf 15-00729-Submittal-Commisisoner Gort-Backup Documents.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff
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R-15-0512
Chair Gort: At this time, if any other issues -- I have a pocket item. It was request of me. My understanding, the attorneys consulted with the -- with Commissioner-elect, and he didn't have any problem with it. Could you read it, please?
The Resolution was read by title into the public record by the City Attorney.
Chair Gort: Thank you. What this is -- I think it was in front of us before -- a CDC (Community Development Corporation). It's created within the district, and it's like a special assessment that apply to the property owner within that district.
Commissioner Suarez: So moved.
Chair Gort: It's been moved by Commissioner Suarez.
Vice Chair Hardemon: Second.
Commissioner Carollo: Second.
Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
ADJOURMENT
The meeting adjourned at 4:29 p.m.
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