City of Miami
City Hall 3500 Pan American Drive Miami FL 33133 wwwmiamigovcom
Meeting Minutes
Thursday January 10 2013
900 AM
REGULAR
City Hall Commission Chambers
City Commission
Tomas Regalado Mayor Marc David Sarnoff Chair Wifredo Willy Gort Vice Chair Frank Carollo Commissioner District Three Francis Suarez Commissioner District Four Michelle SpenceJones Commissioner District Five Johnny Martinez PE City Manager Julie 0 Bru City Attorney Dwight S Danie City Clerk City Commission Meeting Minutes January 10 2013
CONTENTS
PR PRESENTATIONS AND PROCLAMATIONS
AM APPROVING MINUTES
MV MAYORAL VETOES
CA CONSENT AGENDA
PH PUBLIC HEARINGS
FR FIRST READING ORDINANCES
RE RESOLUTIONS
BC BOARDS AND COMMITTEES
DI DISCUSSION ITEMS
PART B
PZ PLANNING AND ZONING ITEMS
MAYOR AND COMMISSIONERS ITEMS
M MAYORS ITEMS
Di DISTRICT 1 ITEMS
D2 DISTRICT 2 ITEMS
D3 DISTRICT 3 ITEMS
D4 DISTRICT 4 ITEMS
D5 DISTRICT 5 ITEMS
City of Miami Page 2 Printed on 2122013 City Commission Meeting Minutes January 10 2013
900 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present Vice Chair Gort Chair Sarnoff Commissioner Carollo Commissioner Suarez and Commissioner SpenceJones
On the 10th day ofJanuary 2013 the City Commission ofthe City ofMiami Florida met at its regular meetingplace in City Hall 3500 Pan American Drive Miami Florida in regular session The Regular Commission Meeting was called to order by Chair Sarnoffat 907 am recessed at 1101 am reconvened at 1102 am recessed at 1216pm reconvened at 336 pm recessed at 630 pm reconvened at 644 pm and adjourned at 826pm
Notefor the Record Vice Chair Gort and Commssioner Spence Jones entered the Commission chambers at 908 amand Commissioner Carollo entered the Commission chambers at 912
am
ALSO PRESENT
Julie O Bru City Attorney Johnny Martinez PE City Manager Dwight S Danie City Clerk
Chair Sarnoff Welcome everybody to the January 10 2013 meeting ofthe City ofMiami Commission in these historic chambers Ialso want to thank the former Chairfor being on time and showing us exactly what it like to start on time and its duly noted that hes here He promises that as even though he the rightside wingman he will continue to be prompt The members ofthe City Commission are City Commissioner Willy Wifredo Willy Gort who is the Vice Chair Frank Carollo Michelle SpenceJones Francis Suarez and myself Marc David Sarnoff the Chairman Also on the dais are Johnny Martinez the City Manager Julie O Bru the City Attorney and our new bright star Dwight Danie its still Dwight Dania
Dwight S Dante City Clerk Today
Chair Sarnoff Today Dwight Danie the Clerk City Clerk who I think well then convert over next week to our new City Clerk So were going to give Dwight the new shining star today The meeting will be opened with a prayer by Commissioner Suarez and the pledge ofallegiance by Commissioner Gort
Invocation andpledge ofallegiance delivered
PRESENTATIONS AND PROCLAMATIONS
PR1 PRESENTATION
12 01476
Honoree Presenter Protocol Item
Lewis V Swezy Mayor Regalado Salutes Jenny C Guzman Commissioner Gort Stadium Apartments
Amigos for Kids Mayor Regalado Certificates of Appreciation
Tacolcy Red Raiders Commisioner Commendation Suarez
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Special Recognitions
The City of Miami honors the new Miami Film Industry and movie The Last Stand Luis Guzman Rodrigo Santoro Genesis Rodriguez
12 01476 Protocol Itempdf
PRESENTED
1 Mayor Regalado and Vice Chair Gortpresented a Special Certificate of Appreciation to Lewis V Swezy and Jenny Guzman ofStadium Apartmentsfor their wonderful commitment to civic responsibility and communal welfare through generous donations and supportfor neighborhood projects in the City ofMiami
2 Commissioner Suarez presented a commendation to the players and coaches ofthe Tacolcy Red Raiders Junior Pee Wee Football Team for their serious commitment tophysical excellence and their dedication to the development ofteam spirit and camaraderie as realized by their success in bringing home the national championship trophy as 2012 Division II Junior Pee Wee National Champions ofthe 56th Annual Pop Warner Super Bowl
3 Mayor Regalado paid tribute to actors Luis Guzman Rodrigo Santoro and Genesis Rodriguez who star in the movie The Last Standa celluloidportrayal ofa classic showdown between law enforcement and a notorious drug kingpin in a little border town by designating them Honorary Sheriffs for the day and proclaiming Thursday January 10 2013 The Last Stand Special Screening Dayin the City ofMiami
Chair Sarnoff We irillnow make the presentations and proclamations Mr Mayor you are recognizedfor the record
Presentations made
Later
Chair Sarnoff Im told the actors from The Last Stand are here now Do you guys want to let them do their presentation
Vice Chair Gort Sure
Chair Sarnoff All right I think we could use a little entertainment So
Vice Chair Gort Its the film industry
Chair Sarnaff thefilm industry 1 guess Vincent Is Vincent going to be presenting or
Commissioner SpenceJones He went outside
Mayor Tomas Regalaldo Right
Chair Sarnaff Mr Mayor you want to present
MayorRegalado Well theyre here And actually the premiere ofthe movie is in Paragon in Coconut Grove Itsa national premiere so were very excited that they have chose Miami to do the premiere And we have a great number ofactors and this movie actually Mr Chairman and Commissioners is very important And we have to thank Vinnie because he was
Commissioner SpenceJones Theyre not ready
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MayorRegalado very active in this So
Unidentified Speaker Missing one
MayorRegalado Oh were missing one actor But thatsokay because Arnold is not here but we do have several especially Rodrigo Santoro also Luis Guzman and Genesis Rodriguez And these actors are part ofthis movie who celebrates the law enforcement community Itsthe first movie when Arnold Schwarzenegger comes hack to the film industry after being governor ofthe state ofFlorida sic And they are very excited
Chair Sarnoff California
MayorRegalado to he here
Commissioner SpenceJones 1 think they said Mr Mayor theyre going to go upstairsfirst cause theyre waiting for another person
MayorRegalado Okay
Commissioner Spence Jones So they we should go ahead and continue the meeting
Chair Sarnoff Welljust were going to continue going1frMayor When youre absolutely ready you come down Well stop what were doing and
MayorRegalado Okay
Chair Sarnoff well present
MayorRegalado Thankyou
Chair Sarnoff Thank you Mr Mayor
Later
Chair Sarnoff Okay I think Are the Last Standfolks ready No Yes
Commissioner Carollo Your 530
Commissioner Suarez Its the last stand fbr Last Stand
Chair Sarnoff It is two minutes to 530 Lets see iftheyre theyre standing upstairs still PZ 7 then that would he next
Francisco Garcia Director Planning PZ7and 8 are companion items as well
Commissioner Carollo Isee the sergeant ofsic arms signaling
Chair Sarnoff What we got to go out there Oh Okay looks like were getting them done
Commissioner Carrillo Theyre coming
Chair Sarnoff Now were ready Mr Mayor youre recognized for the record
MayorRegalado Thankyou Mr Chairman and members ofthe Commission
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Presentation made
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS
Motion by Commissioner Suarez seconded by Commissioner Spence Jones to APPROVE PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
Motion by Commissioner Suarez seconded by Commissioner SpenceJones to APPROVE PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
Chair Sarnoff Do we have to do any minutes approve any minutes
Dwight S Danie City Clerk Yes
Commissioner Carollo Yes
Mr Danie Yes For the meetingfor the the regular Commission meetingfar December 13 and also the Planning and Zoning Commission meetingfor also December 13
Chair Sarnoff All right Is there a motion
Commissioner Suarez Move it
Chair Sarnoff Theres a motion Is there a second
Commissioner SpenceJones Second
Chair Sarnoff Second Any discussion Hearing no discussion all in favor then please say
aye
The Commission Collectively Aye
END OF APPROVING MINUTES
MAYORAL VETOES
NO MAYORAL VETOES
Chair Sarnoff Mr Clerk are there any mayoral vetoes
Dwight S Danie City Clerk No Chair there are no mayoral vetoes
ORDER OF THE DAY
Chair Sarnoff Well now begin the regular meeting The City Attorney will state the procedures to be followed during the meeting
Julie O Bru City Attorney Good morning and congratulations Mr Chair on the appointment Good morning members ofthe Commission Mr Manager members ofthe public Mr City Clerk and Mr Mayor Any person whosa lobbyist must register with the City Clerk before appearing before the City Commission A copy ofthe Code section about lobbyists is
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available at the City Clerksoffice The materialfor each item on the agenda is available during business hours at the City Clerksoffice and online at wwmiamigovcom sic Anyone wishing to appeal any matter any decision made by the Commission at this meeting may need a verbatim record ofthe item Please no cell phones or other noisemaking devices Any person who becomes unruly or makes offensive remarks will be barredfrom further Commission meeting attendance Any person with a disability requiring auxiliary aids please see the City Clerk at this time Thank you Mr Chair
Chair Sarnoff Thank you
Later
Chair Sarnoff Mr Manager does the Administration have any withdrawals or deferrals that it wishes to make
Johnny Martinez City Manager Yes Mr Chair 1 will go through them slowly CA3defer to February 14 PH8defer to February 28
Chair Sarnoff Im sorry what was that one
MrMartinez PH8
Chair Sarnoff Okay
Mr Martinez defer to February 28 FR2defer to February 14 RE1defer to February 28 RE3defer to January 24 RE6and 7 defer to February 14 and DI1 defer to February 28
Chair Sarnoff All right Everybody did everybody get that Is there a motion
Commissioner Suarez So moved
Commissioner SpenceJones Second
Chair Sarnoff Is there a second Any discussion
Commissioner Carollo Yes 1just want to go through it one more time and confirm the numbers
Chair Sarnoff Go ahead
Mr Martinez Okay
Chair Sarnoff Mr Manager
Mr Martinez Ill startfrom the top CA3defer to February 14 PH 8 defer to February 28 FR2defer to February 14 RE1defer to February 28 RE3defer to January 24 RE6and 7 defer to February 14 and DI 1 defer to February 28
Chair Sarnoff DI1got you February 28
MrMartinez Yes sir
Commissioner Carollo Thank you
Chair Sarnoff All right Is there any further discussion Hearing no further discussion then
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please indicate by saying aye
The Commission Collectively Aye
Chair Sarnoff All infavor It carries Im sorry Iapologize Ill get the hang alitformer Mr Chair
Commissioner Suarez Youre doing bet much better than Iwas in myfirst one
Later
Chair Sarnoff All right Every Commissioner agree to just
Vice Chair Gort Thankyou all Thank you
Chair Sarnoff continue to the next Commission meeting our blue page items
Commissioner Carollo Yes
Chair Sarnoff All right This meeting is now adjourned
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CONSENT AGENDA
CA1 RESOLUTION
12 01386
Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Facilities ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BY AND BETWEEN THE CITY OF MIAMI AND NMMA BOAT SHOWS INC FOR THE USE OF DOCKAGE SPACE AT MIAMARINAAT BAYSIDE FOR THE
PRESENTATION OF THE STRICTLY SAIL MIAMI VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW COMMENCING FEBRUARY 9 2013 THROUGH FEBRUARY 20 2013 WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT 12 01386 Summary Formpdf 12 01386 Legislationpdf 12 01386 Exhibit 1pdf
This Matter was ADOPTED on the Consent Agenda
Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130005
CA2 RESOLUTION
12 01389
Department ofPublic A RESOLUTION OF THE CITY OF MIAMI COMMISSION WITH Facilities ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRSPACE AGREEMENT AND ADDENDUM AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
FDOT FOR THE CITYSOCCUPANCY AND USE OF 22036 ACRES OF FDOT OWNED PROPERTY LOCATED UNDER INTERSTATE95 AT NORTHWEST 72ND STREET IDENTIFIED AS PARCEL 3831 AND PARCEL 4236 MIAMI FLORIDA WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT 12 01389 Summary Formpdf 12 01389 Legislationpdf 12 01389 Exhibit 1pdf
This Matter was ADOPTED on the Consent Agenda
Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130006
CA3 RESOLUTION
12 01388
Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Facilities ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM AND AMENDMENT TO LEASE AGREEMENT
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SECOND AMENDMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FDOT FOR THE PURPOSE OF ALLOWING THE CITY TO USE A PORTION OF THE 36724 SQUARE FEET 1 FDOT OWNED PROPERTY LOCATED UNDER INTERSTATE95 BETWEEN
SOUTHWEST 6TH AND SOUTHWEST 7TH STREETS AND SOUTHWEST 3RD AND SOUTHWEST 4TH AVENUES MIAMI FLORIDA FOR PRIVATE PARKING WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID SECOND AMENDMENT 12 01388 Summary Formpdf 12 01388 Memorandum ofAgreementpdf 12 01388 Legislationpdf 12 01388 Exhibit 1pdf
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be CONTINUED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
CA4 RESOLUTION
12 01088
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY YASSER HECHAVARRIA WITHOUT ADMISSION OF LIABILITY THE SUM OF 50000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS INCLUDING ATTORNEYSFEES AND COSTS AGAINST THE CITY OF MIAMI ITS OFFICERS AGENTS AND EMPLOYEES IN THE CASE STYLED YASSER HECHAVARRIA VS ARMANDO ROJAS ETAL PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO 10cv 21417MGC UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF ALL DEFENDANTS WITH PREJUDICE ALLOCATING FUNDS FROM ACCOUNT NO 05002301001545000000000000
12 01088 Memo Office ofthe City Attorneypdf 12 01088 Memo Financial Signoffpdf 12 01088 Legislationpdf
This Matter was ADOPTED on the Consent Agenda
Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
R130007
Adopted the Consent Agenda
Motion by Vice Chair Gort seconded by Commissioner Suarez including all the preceding items marked as having been adopted on the Consent Agenda The motion carried by the following vote Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
END OF CONSENT AGENDA
City of Miami Page 10 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff Do any ofthe Commissioners wish to have any items removedfrom the consent agenda or the regular agenda Allright Do we have a motion to approve the consent agenda
Vice Chair Gort Move it
Commissioner Suarez So moved
Chair Sarnoff We have a motion We have a second Any discussion Hearing no discussion all infavor please say aye
The Commission Collectively Aye
PUBLIC HEARINGS
900 AM
PH1 RESOLUTION
12 01412
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Community and ATTACHMENTSAUTHORIZING THE ALLOCATION OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT CDBG CLOSE OUT FUNDS AS Development SPECIFIED IN EXHIBIT A ATTACHED AND INCORPORATED IN THE TOTAL AMOUNT OF 43864030 ALLOCATING SAID FUNDS AS STATED HEREIN THE AMOUNT OF 40000 TO MIAMI BAYSIDE FOUNDATION INC FOR TECHNICAL ASSISTANCE ACTIVITIES TO BUSINESSES 50000 TO THE DEPARTMENT OF GRANTS ADMINISTRATION FOR THE ENVIRONMENTAL CLEANUP OF A SITE LOCATED AT 1199 NORTHWEST 62ND STREET MIAMI FLORIDA AND 34864030 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG
RESERVE ACCOUNT FOR FUTURE CITYWIDE CDBG ELIGIBLE ACTIVITIES AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE 12 01412 Summary Formpdf 12 01412 Notice to the Publicpdf 12 01412 Legislationpdf 12 01412 Exhibit 1pdf
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130001
Chair Sarnoff Okay we have PH1
George Mensah Director Community Development Good morning Mr Chair Congratulations on your appointment
Chair Sarnoff Thank you George
Mr Mensah This is George Mensah director ofCommunity Development PH1is a resolution
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authorizing the allocation ofCommunity Development Block Grants closeout funds attached and incorporated a total amount of438640allocating saidfunds to 40000 Miami Bayside Foundation for technical assistance to businesses and 50000 to the Department ofGrants Administrationfor environmental cleanup ofa site located at 1199 Northwest 62nd Street
Chair Sarnoff All right Is any ofthe public wish to be heard on PH1 Youre recognized for the record
Grady Muhammad Good morning Mr Chair Grady Muhammad president and CEO Chief Executive Officer ofMiamiDade First Happy New Year Were in favor ofthis overall especiallyfar the Bayside Foundation because theyre doing a greatjab And we definitely encourage support because we need to help and assist more minority businesses and we hope whatever you with that investigation that was calledfor last year with the previous hoard it never did anything and the vacant building on 62nd We hope whatever happens we dont care But the new one the new hoard were definitely infavor and they doing agreatjoh and we wholeheartedly in support Thankyou Mr Chairman
Chair Sarnoff Thank you Mr Muhammad Mr Kurland
Nathan Kurland Good afternoon My name is Nathan Kurland 3132 Day Avenue Commissioners Iam the chair ofthe Miami Bayside Foundation During the CDBG Community Development Block Grant hearings we appeared before each and every one ofyou to state our case Weve given over 170 scholarships to citizens of Miami minorities We have given over seven loans to citizen ofMiami resident businesses And we have sponsored a program with SCORE Counselors to AmericasSmall Business to provide well in excess ofover 200programsfree to citizens ofMiami minorities Iwould encourage you please to vote yes for this CDBG grant Thankyou very much
Chair Sarnoff Thank you Anyone else wishing to he heard on PH1 Hearing none seeing none public hearing is now closed corning hack to this Commission Do we have a motion Move it
Commissioner Spence Jones So moved
Commissioner Suarez for discussion
Chair Sarnoff We have a motion and we have a second Commissioner Suarez is recognized for the record
Commissioner Suarez Thank you Mr Chair Ijust want to commend Mr Kurland and the boardfor their wonderful work They really have turned it around as Grady was saying from a board that had all kinds ofproblems to a board thats incredibly productive and one ofthe best boards that we have in the City ofMiami So Ijust want to commendyou for your work
Chair Sarnoff All right Commissioner Spence Jones you wish to he heard
Commissioner SpenceJones Ijust want to say ditto regarding the Bayside Foundation WheresNathan Yes and the whole team because it a team ofyou guys and especially the executive director They worked very hard in everything that weve asked them to do at least from my communitysperspective They stepped up to the plate and did a greatjob So Ilook forward to working with them and Isupport this item 100 percent
Chair Sarnoff Anyone else All right hearing no one else then Ill bring it to a vote All in favor please say aye
The Commission Collectively Aye
City of Miami Page 12 Printed on 2122013 City Commission Meeting Minutes January 10 2013
PH2 RESOLUTION
12 01413
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT CDBG Economic FUNDS FROM THE CITY OF MIAMI CITY DEPARTMENT OF COMMUNITY Development AND ECONOMIC DEVELOPMENT DISTRICT 3 RESERVE ACCOUNT TO THE DISTRICT 3 COMMUNITY CENTER PROJECT IN THE AMOUNT OF 300000 FOR THE PURCHASE AND DEVELOPMENT OF THE SITE LOCATED AT 1320 SOUTHWEST 12TH AVENUE MIAMI FLORIDA IN ACCORDANCE WITH CDBG REGULATIONS AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE 12 01413 Summary Formpdf 12 01413 Notice to the Publicpdf 12 01413 Pre Legislationpdf 12 01413 Legislationpdf
Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoft Carollo Suarez and Spence Jones
R130002
Chair Sarnoff Okay PH2
George Mensah Director Cotmnunity Development PH2is a resnlutinn authorizing the allocation ofCDBG Community Development Block Grantfunds in the amount of300 000 from District 3 reserve accountfor the purchase ofthe site 1320 Southwest 12th Avenue
Commissioner Carollo Move 0
Commissioner Suarez Second
Chair Sarnoff We have a motion by Commissioner Suarez
Commissioner Suarez Second
Chair Sarnoff This is apublic
Commissioner SpenceJones Public hearing
Chair Sarnoff And it second by Commissioner Spence
Vice Chair Gort Second
Chair Sarnoff by both Vice Chair
Commissioner Suarez Thatsokay Itsfine
Chair Sarnoff DidntI did Isay Carollo Iapologize The motion was by Commissioner Carollo The second was by Commissioner the Vice Chair And public hearing is now opened Mr Muhammad you are recognized for the record
City of Miami Page 13 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Grady Muhammad Again this is another project in Commissioner Gortsdistrict We need to get these fiends expeditious Ithink 1320 excuse me Commissioner Cavallo My had We need to get thesefunds expended becausefrom what Ive been looking at and when Isay looking for the last three agendas December 12 13 February 11 we spent seven or not spent Weve put 7 million in the commercialfacade compliance and economic development reserve Ifwe continue to put thesefunds there Ican assure you right now were over the HUD Department ofHousing and Urban Development 15percent ratio and weve got to spend these funds prior to next month hecause ifwe do not spend these monies these funds will he recaptured and the City will be the ones that are losing We cannot afford any loss to these funds Thank you Mr Chairman
Chair Sarnoff Thank you
MrMuhammad Commissioners
Chair Sarnaff Anyone else wishing to he heard on PH2PH2public hearing is now closed coining back to the Commission Any discussion Hearing no discussion all infavor please say flye
The Commission Collectively Aye
PH3 RESOLUTION
12 01414
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN Economic THE AMOUNT OF 660000 FROM THE DISTRICT 3 ECONOMIC Development DEVELOPMENT RESERVE ACCOUNT ALLOCATING SAID FUNDS TO MIAMI DADE COLLEGE FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES SPECIFICALLY THE REHABILITATION OF THE TOWER THEATER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE 12 01414 Summary Formpdf 12 01414 Notice to the Publicpdf 12 01414 Pre Legislationpdf 12 01414 Legislationpdf
Motion by Commissioner Carollo seconded by Commissioner SpenceJones that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130003
Direction by Chair Sarnoffto the Administration to prepare a comprehensive report within thirty 30 days regardingpayments in lieu oftaxes to include all resolutions andor actions taken by the City Commission to collect payments in lieu oftaxes within the past ten 10 years that also addresses all payments made to the State ofFlorida and Miami Dade County by the Federal government and any payments due to the City ofMiami as a result further addressing whether the City can create an obligation for payments in lieu of taxes from the State ofFlorida andor MiamiDade County
Chair Sarnaff PH3
City of Miami Page 14 Printed on 2122013 City Commission Meeting Minutes January 10 2013
George Mensah Director Community Development PH3is a resolution authorizing the allocation ofthe amount of650 000 to Miami Dade Community College for publicfacilities and improvement activities specifically firthe rehabilitation cf the Tower Theater
Commissioner Carollo Mr Chairman
Chair Sarnoff Youre recognized for the record Commissioner Carollo
Commissioner Carollo I move it However
Commissioner SpenceJones Second
Commissioner Carollo there is Iwant to do afloor amendment Instead of650 Ithink the amount was 660 six six zero
Chair Sarnoff All right Does the seconder accept the amendment
Commissioner SpenceJones I accept the amendment
Chair Sarnoff All right we have a motion by Commissioner Carollo second by Commissioner Spence Jones There is apublic hearing and the public hearing is now opened Mr Muhammad you are recognizedfir the record
Grady Muhammad Again 1302 Northwest 54th Street And December 2009 was award well was proposed to give to CurleysHouse Thatsa business or a social service agency that needs it and we can use these funding cause they gave them with a tax hill and the water hill But hereswe havefunding that we could use to pay the taxes because we have what is called the economic development fund that allows nonprofits to be able to get a loan WDNA radio station 889 did it and others But we have to think outside the box when it comes to District 5 because Curleys House is one of the most successful organizations in helping the elderly and seniors in our neighborhoods but more importantly thejobs that theyre creating with the Marlins the Heat Sun Life Stadium Theyre ensuring residents from the City ofMiami of getting jobs at these games When it the Marlinsgames its three games they have up to roughly 80 people working at those games same thing with the national championship game that was there So we have to start expending these funds And since we can spend them with the nonprofit Curleys House is a 501c3 nonprofit why haventwe been able to think outside the box to help them get 1302 that was given in 2 or proposed to he given in 2009 and be able to allow them to he able to expand and then use some ofthese same flike we all using right now Commissioner Gort fir Tower Theater as well as the CCP to he able to help purchase that property what is already owned by the City Donate that property to CurleysHouse Help them renovate it andfurnish it to be able to expand thejob training as well as the elderly meal But Im talking like what you talking Commissioner Mr Chairman jobs jobsjobs and thats what theyre providing and theyjust need anotherfacility because theyre renting thisfacility where they at and it inadequate and it only literallyfor servicesfor the elderly This will he for CurleysHouse employment service and they employing more people in this City than anybody else And 1 thank you Mr Chairman Commissioners
Chair Sarnoff Thank you Anyone else wishing to be heard on PH3 PH3 Time starts running now You got to get up there Youre recognized for the record Mr Cruz
Mariano Cruz Sure Mariano Cruz 1227 Northwest 26th Street Iwonder UNINTELLIGIBLE 1 was hearing about we need so much money for police to pay all that The problem that City ofMiami got is that we allow like Miami Dade College they tookbur city blocks That was property that were paying taxes And I UNINTELLIGIBLE 27 25th Avenue 7th Street to 5th Street all those four city blocks Now they parking lotsfor the
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college They dontpay taxes and there were a bunch ofhouses that were paying And then we worry about how were going to get the 7 millionfor thepolice department Because in lieu of taxes in other cities all these organizations arepaying something something to the cities We provide service to the college police service rescue service and everything andfor free For free No shouldnthe They should pay in lieu oftaxes because they even raise the fee the tuition fees and everything so they charging money to thepeople People are not going therefor free to school Thank you
Chair Sarnoff Thank you Mr Cruz Commissioner Carrillo Iapologize This is not on subject But let mejust ask the Manager Its a question that Ive always concerned myselfwith Ithought there was something called in kindremuneration And Ithought the federal government and the County pay us something they dontpay taxes but they pay somethingfor the services they Commissioner Carollo Commissioner Gortsrecognize Vice Chair I apologize
Vice Chair Gort Contribution in lieu oftaxes
Chair Sarnoff What is it
Vice Chair Gort Contribution in lieu oftaxes
Mr Mensah In lieu oftaxes Thatsthe name
Chair Sarnoff Whats it called
Mr Mensah In lieu of taxes
Chair Sarnoff In lieu oftaxes
Commissioner Suarez Contribution in lieu oftaxes
Chair Sarnoff Do we get contributions in lieu of taxes
Daniel Alfonso Director Strategic Planning Budgeting and Perfarrnance The City has not been receiving payment in lieu oftaxesfor a number ofyears Thefederal government pays it not the state or others
Chair Sarnoff Beg pardon
Mr Alfonso Itpays it to the County The County receives it They too have interests in it and theyre not sharing that with us
Chair Sarnoff Why
Vice Chair Gort Because we are not going after them
Chair Sarnoff Why Does anybody in the Administration have the answer to that why question Is there anyone whosbeen is there anyone in the Administration that was aware that the County has not been paving us the inkindcontributions that theyve been receiving from thefederal government
Mr Mensah 1 can speak to the public housing part in the City 1 believe some time ago three years ago the City we went and met with the Public Housing Agency to try to get them to pay that tax in lieu oftaxes They used to pay it in the past and then all ofsudden they stopped paying it But at that time the County Public Housing Agency was being managed by thefederal
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government so they told us to wait until And after that time theresbeen so much changes in the County we haventUNINTELLIGIBLE
Chair Sarnoff Okay hereswhat Im going topropose and I hope the Commissioners will support me an this I dontknow what department this is Danny but Imgoing to look at you because youre sort ofa go to guy Id like to know everything there is to know about contributions in lieu Idlike to know over the past ten years what the historic breakdown ofit was Idlike to know how it was stopped why it was stopped AndIdlike to know how much the County has received in lieu oftaxes and how much they have notpaid us in lieu oftaxes We certainly have some friendships abilities with the County to find out why it is theyre holding on to the Citys portion ifthey are of the contributions in lieu
Mr Alfonso Wellfind out
Mayor Tamils Regalado Chair
Chair Sarnoff Yes sir Mr Mayor sorry
MayorRegalado Just to add to the discussion Iremember about nine years ago maybe ten years ago Ithink that Willy was in the Commission or could he more we did a research and we present it to the Commission and to the Administration What wefound was the Good Neighbors sic policy This is afederal its not a federal law but its afederal program that pays the cities and the countyfar the use ofprimary services And I presented I think the Commission voted infavor to askfor that money Yeah Willy was here I remember And nobody happen nobody did anything at the time But Ido think that thepolicy is still in place because we research cities like Atlanta and even Orlando and the federal government does pay And you know we have many federal buildings within the municipality So it is called Iknow for a fact Good Neighbors sicpolicy
Chair Sarnoff Mr Mayor there seems to be two issues One issue is that Ive heard and I only know thisfrom this dais discussion right now so Ive been here six years This has not come upfrequently in the six years Ive been here What heard said to me a moment ago was that thefederal government pays the County hut the County has not paid us Thatsone issue Second issue is does the County or the state owe us moneyfor contributions in lieu cause they certainly have state office buildings county office buildings And is there an obligation or can we create an obligation for them to act as the federal government does to pay us in lieu because we police the streets not the County Those county buildings hey should there ever be a crime committed a riot whatever you want to call it it isntthe County thats coming its the City thatscoming So Iheard two different things And Idlike to see 30 days a report to this Commission so we can see where we stand on the contributions in lieu It should be
MayorRegalado I can tellyou that there is a federalpolicy inplace We did notfound sic any state or county but there is afederal policy that and Iremember Willy was here and we voted on it and Ithink its not a lot ofmoney but it money
Chair Sarnoff Well
Vice Chair Gort My understanding we did collect some
Chair Sarnoff Sorry
Vice Chair Gort My understanding is we did collect some funds and we went after the County and we event after the state also utilizing thefederal program We tried to get the state and the County to implement the same program
City of Miami Page 17 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff Through a resolution or through a
Vice Chair Gort It was a resolution
Mayor Regalado Itwas a resolution that Ipresented Iremember that many many years ago
Chair Sarnoff Can this report attach all resolutions attach everything and then so wecan see and maybe make some sort ofa strategy to collect this money Mr Manager
Commissioner Suarez Yes The answer should be yes
Chair Sarnoff The answer should he yes Im going to have Danny look into that
Commissioner Suarez Yes 30 days youre going to have areport Mr Chair ifI may
Chair Sarnoff Yes sir youre recognized
Commissioner Suarez No And I think you know its in line with what you started the Commission with your idea which is that during the day during the office hours the population ofdowntown swells A lot ofthem are othergovernmental buildings and we have to police that And to keep a healthy ratio ofpolice officers to people everyone should he doing theirfair share So 1 think
Vice Chair Gort UNINTELLIGIBLE City
Commissioner Suarez we have an obligation to go after these funds on a continual basis so that we can he so we can help our residents who arepaying you know the property taxes in our city Thank you
Chair Sarnoff Yeah
Vice Chair Gort District 1 we have over 45000 individuals at any one time every day
Chair Sarnoff You know the City ofNew York deals with this day in day out Ithink they swell to over a million people and they and Im not saying we should do this but they have a commuter tax and that commuter tax is aimed at making the people that commute to the City of New Yorkpay the taxes commensurate with the police fire and other services that they receive We dontdo that But whatyou justsaid is happening which is the citizens ofMiami arepaying
Commissioner Suarez Theyre subsidizing
Chair Sarnoff Exactly Fair enough Commissioner Carollo Iapologize Your issue did get sort ofsubsumed into this
Commissioner Carollo Yes Itsjust that this starting to be a usual occurrence But anyways with that said you know what theres so much discussion here that Imjust going to let itgo and letsjustcall the question and take a vote
Chair SarnoffAll right We had a motion We had a second on PH3All in
Dwight Dante City Clerk Excuse me
Chair Sarnoff favor then please say aye
City of Miami Page 18 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr Danie Wouldyou like to close the public hearing
The Commission Collectively Aye
Chair Sarnoff Oh Iapologize Let me close the public hearing Corning back to the Commission all in favor on PH3 please say aye
The Commission Collectively Aye
Johnny Martinez City Manager As amended 60 right
Mr Mensah As amended
Commissioner Carollo Thatsright As amended
PH4 RESOLUTION
12 01415
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and TRANSFER OF PROGRAM YEAR 20122013 COMMUNITY DEVELOPMENT Economic BLOCK GRANT FUNDS IN THE AMOUNT OF 31330 FROM THE CITY OF Development MIAMI CITY DEPARTMENT OF COMMUNITYAND ECONOMIC DEVELOPMENT DISTRICT 5 RESERVE ACCOUNT ALLOCATING SAID FUNDS TO THE CITYS DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MICRO ENTERPRISE ASSISTANCE PROGRAM AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE
12 01415 Summary Formpdf 12 01415 Notice to the Publicpdf 12 01415 Pre Legislationpdf 12 01415 Legislationpdf
Motion by Commissioner SpenceJones seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote
Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
R130008
Chair Sarnoff Okay PH4
George Mensah Director Community Development PH4is a resolution authorizing the transfer ofCDBG Community Development Block Grantfunds District 5 reserve account in amount of 31230 and allocating it to Economic Development Micro Enterprise Assistance program
Chair Sarnoff All right Let me open up apublic hearing Public hearing on PH4is now opened
Grady Muhammad Grady Muhammad
Chair Sarnoff Mr Muhammad youre recognized
MrMuhammad president and CEO ChiefExecutive Officer MiamiDade First Were in
City of Miami Page 19 Printed on 2122013 City Commission Meeting Minutes January 10 2013
favor ofthis but again we have a gentleman thats in the audience Mr Edward Colebrook phonetic Shantel Lounge His is an application for2012 2013 Hegot fivepoints on his application and the application was graded by aperson from Housing And the application was graded on do you have partnerships with otherorganizations Doyou have clientele Whats the clientele and the demographics thats going to be served That is a social service application Mr Edward Colebrook and Shantel Lounge Goombay Shantel Lounge is also a business that were spending 85000 on the 7th Avenue Commercial Rehab program Ive stated many times to Mr Mensah he needs some help on the inside Cause ifhe close down in the next month or two after wefinish spending 85 000 on the building on the outside HUD Department ofHousing and Urban Development gone want that money back Elaine Black is the presidentCEO of the Liberty City Trust He met with her She said there is no money But here we have money and were spendingfunding And we need to help those businesses cause thats where the money keep going in the economic development reserve Why is thefnot going out to the community Thankyou Mr Chairman Commissioners
Chair Sarnoff Thank you Mr Muhammad Anyone else wishing to be heard on PH4PH4 Public hearing is now closed coming back to this Commission
Commissioner SpenceJones So moved
Commissioner Suarez Second
Chair Sarnoff We have a motion by
Commissioner Carollo Second
Chair Sarnoff Commissioner Spence Jones second by Commissioner Carollo Any discussion Hearing no discussion all infavor please say aye
The Commission Collectively Aye
PH5 RESOLUTION
12 01416
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Community and ATTACHMENTS AUTHORIZING THE ALLOCATION OF PROGRAM YEAR Economic 2012 2013 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUNDS Development IN THE AMOUNT OF 48628 FROM THE DISTRICT 5 RESERVE ACCOUNT IN THE PUBLIC SERVICE CATEGORY TO THE AGENCIES AS SPECIFIED IN ATTACHMENT A ATTACHED AND INCORPORATED FOR PUBLIC SERVICE ACTIVITIES AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH SAID AGENCIES FOR SAID PURPOSE 12 01416 Summary Formpdf 12 01416 Notice to the Publicpdf 12 01416 Pre Legislationpdf 12 01416 Legislationpdf 12 01416 Exhibit 1pdf
Motion by Commissioner SpenceJones seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130009
City of Miami Page 20 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff Okay PH5
George Mensah Director Community Development PH 5 is a resolution authorizing the allocation ofCDBG Community Development Block Grant public servicefunds in the amount of48628 from District 5 to the agencies
Commissioner SpenceJones So moved
MrMensah thatsprovided
Commissioner Suarez Second
Commissioner Carollo Second
Chair Sarnoff We have a motion by Commissioner Spence Jones second by Commissioner Carollo Public hearing is now opened Mr Muhammad youre recognized for the record on P115
Grady Muhammad Yes sir PH 5 we givingfunds to CurlevsHouse Liberty City Community Economic Development and my question is the Liberty City and Irequest Mr Chairman my six minutes as a lobbyist sir And the question is is this theyve been aroundfar six years Mr Manager Danny Alonso they have not closed on one home Youre a real estate attorney 10 six months one home in six months They have not built any homes The Model City Trust ofwhich I used to sit on the ME grant the neighborhood initiative grant isfrom 2003 All offunds that the Model that the Liberty City Trust has has come from the Model City Trust Theyve not raised a dime They have not helped the business They have not renovated a home They have not done anything And were paying a salary of100000 to a executive director and my question is for what Were giving social public service dollars This is supposed to be an entity thats created for economic development We gave them in December 2011 almost the Housing and Commercial Loan Committee gave themfunds to purchase apartment buildings The apartment buildings are vacant 750 and 754 Northwest 70th Street They had tenants in those units Now the buildings are vacant theyre vandalized and they say there is no money to fix it Next weekFriday at the Housing and Commercial Loan Committee were giving 37000 for housing rental Then the next weve already given another 50000 in Decemberfor Administration Mr Manager why we still have cause theres been no board meetings that the community can callfor thefiring ofElaine Black so Imgoing to call for thefiring ofElaine Black here at this Commission because ofincompetence Nothing has gotten developed in our community And like you said a commuter tax she lives in Broward And we cantget anything done in Liberty City because everything has to come through the Liberty City Trust and she the most incompetent person thats been here for six years and nothing has happened in my community and its
Chair Sarnoff And in conclusion
Mr Muhammad And in conclusion Mr Chairman Mr Manager as Istated Ithink Danny can be able to verify what Im stating in reference to the house and she hasntclosed on in six months Every other dime There has been no funding thats been raised by the Liberty City Trust The buildings are headquartered
Chair Sarnoff Thank you
Mr Muhammad in Coral Gables
Chair Sarnoff Thank you
City of Miami Page 21 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Mr Muhammad In conclusion
Chair Sarnoff No youve had your conclusion andIwant to thank you fir that conclusion
Mr Muhammad Thank you Mr Chairman
Chair Sarnoff Thank you
Commissioner Spence Jones Mr Chairman
Chair Sarnoff Yes sir maam Excuse me
Commissioner SpenceJones Iwould first of all Idlike for staffto respond to it and then Ill respond afterwards
Chair Sarnoff Okay Go ahead Mr Mensah
Commissioner SpenceJones Lets deal with the houses that are not built and how many UNINTELLIGIBLE
Mr Mensah Ijust want to say that we have eight homes currently under construction Out cf that eight homes as part On NSP Neighborhood Stabilization Program program there is four hundred and aboutfifty thousand dollars that is contributed by the Liberty City Trust Theyre involved in the marketing of the homes Theyre involved in the in reviewing the all the home buyers that are being procured to purchase those homes And they basically thatswhat they doing They go around make sure the homes are being supervise the contractors and things like that So they have been working in the community With specific reference to this particular item this was an RFP Request for Proposals that was put togetherfOr the area specific area and the idea was tofund public service agencies that have not beenfunded before And the proposal that was put together isfor job creation job training componentfor that particularplan Thatswhy it was funded This has nothing to do with the housing or anything that the Liberty City Trust currently does
Commissioner SpenceJones Right But George 1 think its importantfOr you to address cause theres a question around whether or not any houses were built and I knowfor a fact that evejust event out there recently and put signs up infront ofthe new houses
Mr Mensah Yes Thereseight houses that almost completed and we have buyers ready to close on those deals
Commissioner SpenceJones Okay And then in reference to the building that was spoken about the multifamily building the rehab building
Mr Mensah This is a building that was purchased and we are in theprocess ofrehabbing A construction manager has been hesin the process ofbeing hired to take over the construction aspect ofthose buildings so its going There are a lot ofabandoned properties in Liberty City and one ofthe things we are doing is try to purchase all those units as much as we can using thefunds that we have to be able to rehab them and put them back in the market
Commissioner SpenceJones Right Let mejust say this because you know Imade a vow to myselfand to my heavenly Father that 1 was starting off this new year without allowing myself to embark on conversations that 1 think arefruitless 1 think that its really really important that we get when we get up on the mike as public citizens and we spew things that are negative about people without thefacts I think that does a disservice not only to this community but to this Commission Ithink that we have to he mindful ofthe things that we say about people without
City of Miami Page 22 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
having the true facts Iknow for afact for instance that Ms Elaine Black does not live in Broward County She lives in Dade County And quitefrankly Im a little disappointed in Grady Muhammad today and all ofthe negative things that he said has said about Elaine he has said about the things that were trying to do in District 5 And as a matter offact George also knows this as a fact that theresmore than Imean we have jumpedover hurdles for Grady Muhammadfor all ofthe things that he needs to see happen within the district not only from a district perspective but even from a personal perspective Ido not wish to put his business out in publicjust as he wishes to put otherpeoplesbusiness out in public But Iwould ask that Grady Muhammad reach down deep inside ofhis soul and inside ofhis spirit to make sure that when he says things that are negative about people that he understands that it affects them in a terrible way So Imnotjust going to Im not going to engage in defending Elaine engage in defending George engage in defending you know what were doing in the district If anybody wants to see whatshappening in the district all they need to do is go and take a look and Ill be more than happy to show them what were doing in the district
Chair Sarnoff All right The public hearing is still not closed Anyone still wishing to be heard on PH5
Helena Del Monte Helena Del Monte CEOfor the Association for the Development ofthe Exceptional serving over 350 adults with developmental disabilities a very lucky recipient of some Obese fundings sieJ andIcanttellyou enough how much we need this And Ido want to say that were one ofthe agencies that has 100 percent quality assurance monitoring perfect audit andyou all know the excellent services that were providing so it shoesthe responsibility in this dais ofreally choosing to place thesefunds with agencies that are really going to make your dollar run God bless you on the name of all the consumers we serve Happy New Year to all And Iwant to also thank the Department Thankyou so much
Chair Sarnoff Thank you Ms Del Monte Anyone else wishing to be heard on PH5PH5 Public hearing is now closed coming hack to the Commission Anyfurther discussion Allin favor then please signify by saying aye
The Commission Collectively Aye
PH6 RESOLUTION
12 01431
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN Economic THE AMOUNT OF 95000 FROM THE COCONUT GROVE BUSINESS Development IMPROVEMENT DISTRICT ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT LOAN PILOT PROGRAM FOR AWARDS TO FOR PROFIT BUSINESSES LOCATED IN DISTRICT 2 TO RETAIN OR CREATE JOBS FOR LOW AND MODERATE INCOME PEOPLE IN ACCORDANCE WITH THE ECONOMIC DEVELOPMENT LOAN PILOT PROGRAM POLICIES AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE 12 01431 Summary Formpdf 12 01431 Notice to the Publicpdf 12 01431 Pre Legislationpdf 12 01431 Legislationpdf
Motion by Commissioner SpenceJones seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote
City of Page 23 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130010
Chair Sarnoff PH6
George Mensah Director Community Development PH6is a resolution authorizing a transfer ofCDBG Community Development Block Grant funds in an amount of95000 from the Coconut Grove Business Improvement District and allocating those funds to the Department ofCommunity and Economic Development Loan Pilot program for awards forforprofit businesses in District 1
Commissioner SpenceJones So moved
Chair Sarnoff We have a motion by
Commissioner Carollo Second
Chair Sarnoff Commissioner SpenceJones We have asecond by Commissioner Carollo It is a public hearing Anybody wishing to be heardfor the public Mr Muhammad you are recognized
Grady Muhammad This is a good thing again cause the moneysin economic reserve This is forjob creation job retention Its the same thing Shantel Lounge and Colbrook phonetic will be doing savingjobs but we cantseem to think outside the box Congratulations Mr Chair on this because this is how we need to continue to start to putting real dollars into businesses that can be able to retainjobs and createjobs The microenterprise is great but they really cantcreatejobs Thankyou again Mr Chairman Commissioners
Chair Sarnoff Thank you Anyone else wishing to be heard on PH6Hearing none seeing none the public hearing is now closed corning back to the Commission All in favor please say aye
The Commission Collectively Aye
PH7 RESOLUTION
12 01460
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Community and ATTACHMENTSAUTHORIZING THE ALLOCATION OF FUNDS IN THE Economic AMOUNT OF 190500 FROM THE POVERTY INITIATIVE PROGRAM Development ACCOUNT NO 14010910101882000 IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN ATTACHMENT A ATTACHED AND INCORPORATED FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 20122013 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH SAID AGENCIES FOR SAID PURPOSE 12 01460 Summary Formpdf 12 01460 Legislationpdf 12 01460 Exhibit 1 SUBpdf
Motion by Commissioner SpenceJones seconded by Commissioner Suarez that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
City of Miami Page 24 Printed on 2122013 City Commission Meeting Minutes January 10 2013
R130004
Chair Sarnoff PH 7
George Mensah Director Community Development Mr Chair PH7is the allocation of poverty initiative program funds and this is the last allocation in the amount of190500 to
Commissioner SpenceJones So moved
Mr Mensah the agencies that are
Commissioner Suarez Second
Mr Mensah attached
Chair Sarnoff We have a motion by Commissioner SpenceJones second by Commissioner Suarez Itis a public hearing Anybody wishing to he heard on PH 7
Grady Muhammad Community supports this wholeheartedly and they needs it and we need to spend these funds especially with all the social service agencies and all the needs in the community This is definitely with the antipoverty initiative something thats very well deserved And we need to try again Mr Chair like you talked about with the home not theHomeless Trust with the ChildrensTrust and all these other things to try to get some ofthesefunding from otherfunding sources just not CDBG Community Development Block Grant private sources foundation philanthropists Thatswhat they need to do And this is a separate second and second part offunds that they can be able to use and utilize and he able to help and assist the residents in the City ofMiami and definitely MiamiDade First will be infavor of Thank you
Chair Sarnoff Thank you Anyone else wishing to he heard on PH7PH7 public hearing is now closed corning back to the Commission Any discussion or anyfurther discussion Commissioner
Mr Mensah Can Iput an amendment on the
Chair Sarnoff Yes sir
Mr Mensah At the last we have Theodore Roosevelt Gibson Memorial Fund but thats now changed to Thelma Gibson Health Initiative Be amended
Chair SarnoffMaker accept that change
Commissioner SpenceJones Yes
Chair Sarnoff Seconder accepts that change
Commissioner Suarez Yes
Chair Sarnoff All right Any further discussion All infavor then please say lye
The Commission Collectively Aye
PH8 RESOLUTION
12 00390
City of Miami Page 25 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Department ofPublic ITEM WILL BE WITHDRAWN BY ADMINISTRATION Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS BYA FOUR FIFTHS 4 5THS AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING RATIFYING CONFIRMING AND APPROVING THE CITY MANAGERS RECOMMENDATION AND WRITTEN FINDINGS PURSUANT TO SECTION 1885 OF THE CODE OF THE CITY OF MIAMI FLORIDA AS AMENDED WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS BEING NEITHER PRACTICABLE NOR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE FIRE DETECTION AND ALARM SYSTEM FOR THE HYATT HOTEL AND JAMES L KNIGHT CONVENTION CENTER KNIGHT CENTER LOCATED AT 400 SOUTHEAST 2ND AVENUE MIAMI FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BY AND BETWEEN THE CITY OF MIAMI CITY AND HYATT EQUITIES LLC HYATT TO PROVIDE AUTHORIZATION FOR HYATT TO PREPARE AND FINALIZE A SPECIFICATIONS CRITERIA PACKAGE PHASE I AND FURNISHING INSTALLATION AND TESTING PHASE II FOR THE REPLACEMENT OF THE FIRE DETECTION AND ALARM SYSTEM AND ASSOCIATED EQUIPMENT THAT SUPPORTS THE HYATT HOTEL AND THE KNIGHT CENTER WITH A TOTAL PROJECT COST ESTIMATE OF 778306 TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM WITH THE CITYS SHARE NOT TO EXCEED 238745 FURTHER AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL REQUIREMENTS IN ORDER FOR THE CITY TO COMPLY WITH THE UNITED STATES INTERNAL REVENUE CODE OF 1986 AS AMENDED SUBJECT TO APPROVING OPINION OF BOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEY ALLOCATING FUNDS FOR THE CITYS CONTRIBUTION FROM CIP PROJECT B 70414 WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT 12 00390 Summary Formpdf 12 00390 Notice to the Publicpdf 12 00390 Memo Waiver of Competitive Biddingpdf 12 00390 Legislationpdf 12 00390 Exhibit 1pdf
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be DEFERRED PASSED by the following vote Votes Ayes 5 CommissionersGott Samoff Carollo Suarez and Spence Jones
Notefar the Record Item PH8was defer ied to the February 28 2013 Commission Meeting
PH9 RESOLUTION
12 01077
Department ofPolice A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS BYA FOUR FIFTHS 4 5THS AFFIRMATIVE VOTE PURSUANT TO SECTION 1892A1 AND 3 OF THE CODE OF THE CITY OF MIAMI FLORIDA AS AMENDED AFTER AN ADVERTISED PUBLIC HEARING RATIFYING APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
City of Miami Page 26 Printed on 2122013 City Commission Meeting Minutes January 10 2013
AND APPROVING THE PROCUREMENT OF SERVICES FROM ATT FOR A FULLY MANAGED HOSTED NG911 SOLUTION FOR THE DEPARTMENT OF POLICE FOR AN INITIAL TERM OF FIVE 5 YEARS WITH THE OPTION TO RENEW FOR ONE 1 ADDITIONAL FIVE 5 YEAR PERIOD AT A FIRST YEAR COST NOT TO EXCEED 257777888AND FOR EACH SUBSEQUENT FISCAL YEAR AT AN ANNUAL AMOUNT NOT TO EXCEED 57777888PLUS AN ADDITIONAL ANNUAL AMOUNT OF 12896496TO BE PAID DIRECTLY TO THE STATE OF FLORIDA FOR NETWORK ACCESS FEES PURSUANT TO MYFLORIDANET STATEWIDE PRICES SUBJECT TO FUTURE RATE ADJUSTMENTS BY THE STATE OF FLORIDA ALLOCATING FUNDS FROM THE E 911 SPECIAL REVENUE PROJECT NUMBER 19196003 AWARD 1214 ACCOUNT CODES 12000190351534000000000000 AND 12000190351 541000 000000000 FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM FOR SAID SERVICE ACQUISITION 12 01077 Summary Formpdf 12 01077 Notice to the Publicpdf 12 01077 Memo Purchase Fully Managed Hosted NG911 Solutionpdf 12 01077 Legislationpdf 12 01077 Exhibit 1pdf
Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130011
Direction by Chair Sarnoffto the Administration to prepare a status report within ninety 90 days regarding the number ofdouble poles within the City ofMiami and their projected removal
Chair Sarnoff Okay P119
Rodolfo Llanes Good morning Rodolfo Llanes assistant chief So PH9 is ratifying and approving confirming the City Managersfinding ofa sole source waiving requirementsfor sealed and competitive bidding and approve procurement services for ATTAmerican Telephone Telegraph for afully managed hosted New Generation911 solution for the Miami Police Department and the Fire for a term offiveyears with an option to renew the firstyear cost being 25million and subsequently 577000 to be paid annually for accessfees andfunds from the E911 special revenue project This does not have a generalfund impact This comes from our E911 funds
Chair Sarnoff All right
Commissioner Carollo Move it
Chair Sarnoff We have a motion by Commissioner Carollo
Vice Chair Gort Second
Chair Sarnoff second by Commissioner Gort It is a public hearing Anyone wishing to be heardpursuant to PH9please step up Mr Muhammad you are recognized
City of Miami Page 2 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Grady Muhammad Ican assure you Mr Chairman when we did the thing in July oflast year and we gave itfrom Global Spectrum to the other entity theyfired the employees that was there at that time The mother ofmy son was one ofthose employees that workedfor nine years at the James L Knight Center She wasfired This is publicfacilities James L Knight Center Yes
sir
Chair Sarnoff This is PH9
MrMuhammad P oh excuse me PH8My had Im sorry Thatswhat was looking at public hearing Give me a second Mr Chairman
Chair Sarnoff PH9 Mr Muhammad Its the ATTpolice 911 system
Mr Muhammad Pleaseforgive nie sir
Chair Sarnoff 1 cantimagine you opposing it
Mr Muhammad Emphatically no sir Mr Chairman And infavor Thank you
Chair Sarnoff Thank you Mr Flores youre recognized for the record
JC Flores J C Flores regional director external affairs ATT in support ofthe item Thank you
Chair Sarnoff Thank you Allright public
Vice Chair Gort My understanding theressome questions to he answered about poles or
Chair Sarnoff Yeah Let mejust say that sometimes theres an opportunity when somebody wants somethingfrom this Commission that you can fix a problem that has beenfestering in the City ofMiamifor a very very long time Interestingly enough Idontknow if Commissioner Suarez remembers this but he walked with me predominantly in my Latin district and we walked into a home and aLatin gentleman came out and actually started crying because he was showing us the spaghetti wire and double pole infront ofhis house And he said all 1 wantrom you Commissioner is tofix this And you know double poles Im going to say 60 percent of the pole oh heressomething you all can learn and actually be educated Take this away and itll actually he usefulfor you All the telephone poles we see in the City ofMiami theyre predominantly owned by twofolks FPLFlorida Power Light andATT Sixty percent of those poles are owned by FPT Ithink the FPLpoles actually have apyramid on the top of them ATTsareflat But those poles are not only used by ATT theyre equally used by FPLand theyre also used by Cox Cable And Im Corneas Iguess theyre called now
Commissioner Suarez Corneas
Chair Sarnoff Right Corneas And got to he candid with this Commission FPLsalways been agood partner ATT through Mr Flores effort has become apretty goodpartner The only reason I dontsay great partner J C is youre just too new at the game Corneas however has never stepped up to the plate I wouldtell you that about 30 to 40 percent ofyourproblems are Corneast And believe it or not you have to order first Cornetist has to take theirs down and then they have an ordering process And Ialmost wish our director ofPublic Works was here because what weve been able to devise and Idid not restrict this to my district They have aplan in place You want to go on the record and tellus what the plan is
Mr Flores Sure
City of Miami Page 28 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff Because Ithink every Commissioner wants to hear this
Mr Flores Sure
Chair Sarnoff How many pales exist out there double haw much spaghetti wire and how youre going tofix it
Mr Flores Sure Basically based offofFPLswork that they started they basically gridded orI should say created districts throughout the City ofMiami Ibelieve they created about six districts And the reason we did that and we all agreed to it was because we can all primarily focus our efforts in regions as we moveforward so we get this thing done in an expedited manner As a result Impleased to say that we at ATT since we met with Public Works November 5 have removed 112 ATTpoles as ofJanuary 4 And so were continuing to expedite the process Iknow Comcast has come to the table to these meetings Theyveagreed and FPL as well AndIm actually encouraged with the communication that weve had between the industry members
Vice Chair Gort Thank you Thats great
Chair Sarnoff Now hear in mind guys we lose leverage when we votefor this today So hefore you speak Mr Cruz allow Public Works to tell us how once we lose this leverage we maintain some degree ofleverage
Commissioner Carollo And Commissioner by the way Im you know my vote today will be you know with a goodfaith effort that they will continue There are still poles that Mr Flores and Ihave spoken about that FPLand Ihave spoken about poles that its notjust looks Its notjust aesthetics Were talking safety Were talking poles that are really leaning down that at any moment willfall and certainly with any little storm or you know wind like you know windstorm that we usually have So you know Im taking the leap offaith you know and showing goodfaith that you know we shouldnthijack thisprocess in order to do something that Ithink is very good because Ithink our residents have definitely spoken to all ofus So Imjust want to say that You know Ithink we should show some goodfaith
Chair Sarnoff Agreed But letsfind outfrom our Public Works director how what is it Ronald Reagan that said Itrust you but Idlike to verify it Ithink it was called in Russian UNINTELLIGIBLE So how do we ver it
Nzeribe Ihekwaba Director Public Works Good morning Commissioners Public Works has been working together with all the threeprincipal utilities and we succeeded in having aplan in place The three respective utilities have committed to removing on average 60 poles per month in order to he able to eliminate the balance of2600 poles Out ofthat 2600 about 700 ofthose are within the Grove area which is why we targeted to startfrom the Grove so that once we eliminate that area we will expand it to other regions within the City The residual power that the City may exercise once this process is completed today could he achieved through the permittingprocess where ifthere is any type ofdecrease in production rates assuming they begin to slack in their production ofeliminating the poles Public Works can now stop the process ofgranting you permits for the respective utilities until they come back to
Johnny Martinez City Manager Go ahead
MrIhekwaha until we are ahle to come hack to progress Again like Isaid Iam very confident based on my meetings with the three utilities that they are committed to doing this Like the Commissioner said we previously had issues with Comcast but weve been able to reach out to their regional manager in Juno Beach who was incidentally down here yesterday to meet with me Mr Pepe Solares as well as J C Flores and we had aproductive meeting
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yesterday
Mr Martinez Zerry can we prioritize the poles that present a safety issue for Iknow you ivant to start where theresthe most ofthem but at least prioritize the ones that have a safety component to it
Mr Ihekwaba Yes sir Mr Manager Thatspart ofthe priorities that we have in place to have those that pose safety concerns within the public rightofway eliminated first before we go hack to double poles within the allies which obviously might not he as significant haled on the aesthetics and safety
Chair Sarnoff So Mr Director presently in the City ofMiami there are how many double poles
Mr Ihekwaha The number Ihave that has been presented to me is approximately 2 600
Chair Sarnoff As we sit here today
Mr Ihekwaba As we sit here today However Imust caution that that is pending verification in thefield
Chair Sarnoff So could you report back to us in 90 days whether we have 2600 or ifwe have 2300 or we have 2500 so that we can hold you personally accountable to make sure that these poles are removed and you could say to us Well Commissioner even though they only took down a hundredpoles Idecided to issue a hundred permits because Ibelieved them We may not like that Or we might say Zerry that was a good idea But Ill tellyou something the former chair used to always say Ijust want to hold people accountablefinr what they should he doing Now Im surprised there are 2000 poles in the City ofMiami and disappointed candidly And Im not blaming us But its this is something the citizens take notice of So Id like you to report hack to us in 90 days Mr Flores I hope you come hack And Idlike to hear how Comcast is still interested and still cooperative cause there is your what do they always say Thatsthe guy that light in the pants thats not necessarily coming to the table as vigorously as they should
Vice Chair Gort Let me ask a question We have contract with these individuals and we have agreements that they have to comply with certain criterias sic
Mr Ihekwaba We do have a franchise agreement with FPL and also Ibelieve with Comcast
Vice Chair Gort Okay
Chair Sarnoff Okay Mr Cruz youre recognized for the record
Mariano Cruz Mariano Cruz 1227 Northwest 26th Street Miami Florida 331427639 Well as an electrical engineer and aMicrosoft specialist Ihave dealt with Comcast and ATT and I prefer a lot a lot better ATT especially in dealing in technical and everything A lot better And now theres a good competition They are there in Midtown too They have their office in Midtown and they service andIam glad to see that theyre there The police department is going with that Especially Ihave a daughter in the police department and Iam glad that when she call she doesntget a dead spot or a problem that she get it right away She get a backup there Thankyou
Chair Sarnoff Thank you Mr Cruz Anyone else wishing to he heard on PH9 Seeing none hearing none public hearing is now closed coining back to the Commission Anyfurther discussion Hearing no further discussion all infavor please say aye
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The Commission Collectively Aye
END OF PUBLIC HEARINGS
ORDINANCES FIRST READING
FR1 ORDINANCE First Reading
12 01417
Department ofPublic AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54ARTICLE IISECTION 5455 OF THE CODE OF THE CITY OF MIAMI FLORIDA AS AMENDED ENTITLED STREETS AND SIDEWALKS CONSTRUCTION EXCAVATION AND REPAIRNOTICE TO REPAIR SIDEWALKS AND CURBS TO INCLUDE DRIVING LANES PARKING LANES AND SWALES AND TO CLARIFY THE EXTENT OF RESPONSIBILITY FOR ABUTTING PROPERTY OWNERS AND IDENTIFY ENFORCEMENT PROCEDURES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 12 01417 Summary Form SRpdf 12 01417 Legislation FRSRpdf
Motion by Vice Chair Gort seconded by Commissioner SpenceJones that this matter be PASSED ON FIRST READING PASSED by the following vote
Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
Chair Sarnoff Okay Looks like we will start with P FR1
Nzeribe Ihekwaba Good morning again My name is Zerry Ihekwaba Public Works director FR1is an amendment to Chapter 54 ofthe City Code Section 5455 in order to providefurther clarifications as to responsibility for fixing the public rightofway that are damaged due to the intentional or negligent acts ofproperty owners or their agents contractors or assigns This legislation is a consequence ofthe last discussion item hack in November that was sponsored by Commissioner Willy Gort ofDistrict 1 What the amendment to the code does is to enlarge the areas ofresponsibility for negligent acts ofthe members ofthe publicfrom sidewalks to include pavement areas and driving lanes that perhaps could have been damaged by commercial haulers and people that dig up the street without permits and perhaps also due to trees that are plantedin the private property that their roots have grown into the public rightofwav to damage thepavement areas Any questions
Vice Chair Gort Move it
Chair Sarnoff All right we have a motion by Commissioner Gort
Commissioner SpenceJones Second
Chair Sarnoff second by Commissioner SpenceJones This is an ordinance Anyone wishing to he heardfrom the public please step up on FR 1 Seeing none hearing none coining hack to the Commission Any discussion Hearing no discussion Madam City Attorney it is an ordinance
The Ordinance was read by title into the public record by the City Attorney
Dwight S Dania City Clerk Roll call
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A roll call was taken the result ofwhich is stated above
Mr Danie The ordinance has passed onfirst reading 50
FR2 ORDINANCE First Reading
12 01316
Miami Parking AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Authority 35ARTICLE IV OF THE CODE OF THE CITY OF MIAMI FLORIDA AS AMENDED ENTITLED MOTOR VEHICLES AND TRAFFICPARKING RATES MORE PARTICULARLY BY AMENDING SECTIONS 35191 THROUGH 35196 TO UPDATE RATES AND FACILITIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
12 01316 Summary Formpdf 12 01316 Legislation Version 2 FRpdf
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be CONTINUED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE1 RESOLUTION
12 01075
Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Facilities ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI CITY AND THE NATIONAL JOURNALISTS ASSOCIATION OF CUBA IN EXILE INC A FLORIDA NON PROFIT CORPORATION LICENSEE FOR THE USE OF APPROXIMATELY 5205SQUARE FEET OF CITYOWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET OFFICES 400 401 MIAMI FLORIDA FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE UNIFICATION OF CUBAN JOURNALISTS LIVING IN EXILE COMMENCING FROM THE EFFECTIVE DATE WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF TWO HUNDRED SIXTYEIGHT DOLLARS AND 06100 26806 PLUS STATE OF FLORIDA USE TAX IF APPLICABLE WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN SAID AGREEMENT
12 01075 Summary Formpdf 12 01075 Short Form Exempt 2011 Tax Returnspdf 12 01075 Legislationpdf 12 01075 Exhibit 1pdf
Motion by Commissioner Suarez seconded by Commissioner Spence Jones that this matter be DEFERRED PASSED by the following vote Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
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Notefor the Record Item RE1 was deferred to the February 28 2013 Commission Meeting
RE2 RESOLUTION
12 01328
Department ofCapital A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Improvements ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE AN Program INTERLOCAL AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM WITH MIAMI DADE COUNTY COUNTY FOR THE REMEDIATION AND CLOSURE OF THE VIRGINIA KEY LANDFILL FURTHER TERMINATING THE GRANT AGREEMENT WITH THE COUNTY DATED AUGUST 24 2004 FOR THE PREPARATION OF A CONTAMINATION ASSESSMENT PLAN AND SITE ASSESSMENT REPORT AND REPLACING IT WITH THIS INTERLOCAL AGREEMENT FOR CLOSURE OF THE VIRGINIA KEY LANDFILL 12 01328 Summary Formpdf 12 01328 Pre Legislationpdf 12 01328 Legislationpdf 12 01328 Exhibit 1pdf
Motion by Commissioner Spence Jones seconded by Commissioner Suarez that this matter be DEFERRED PASSED by the following vote
Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
Notefor the Record Item RE2was deferred to the January 24 2013 Commission Meeting
Chair Sarnoff All right Ithink we will now go to the REs Resolutions which will he RE2 And RE2 and RE4 should probably be heard in pari materia Suarez might like that So the public hearingfor RE2and RE4will be open simultaneous Youre recognized for the record
Mark Spanioli Good morning Commissioners Mark Spanioli CIP Capital Improvements Program director RE2 is a resolution authorizing the City Manager to execute an interlocal agreement with MiamiDade County fbr the remediatinn and closure ofthe Virginia Key landfill Some ofthe highlights ofthe agreement are that the County will provide all the work necessary and absorb all the costs associated with the landfill closure
Commissioner SpenceJones So moved
Chair Sarnoff We have a motion
Commissioner Suarez Second
Chair Sarnoff by Commissioner SpenceJones Is there a second
Commissioner Suarez Second
Chair Sarnoff Second by Commissioner Suarez Any discussion
Commissioner Carollo Mr Chairman
Chair Sarnoff Youre recognized fir the record
Commissioner Carollo Thank you Quick question what happens ifthe cost is over 45 million Who bears the Iguess cost after 45 million
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Mr Spanioli The estimate in the agreement is for 46million though it does not show that as a cap So the County would have to absorb all those costs ifit went above the 46 million
Commissioner Carollo So they will absorb the costs
Mr Spanioli Thats correct
Commissioner Carollo Thank you
Chair Sarnoff Commissioner Im sorry Vice Chair youre recognized
Vice Chair Gort I have a lot ofproblems with this issue and Ive been reading a lot ofthe documents and Idonthave the answers to a lot ofquestions that Ive had Imean we going back to the mediation My understanding is when Ifirst came in in 2010 some people came up to me and asked me that they wanted to work on this 45 million that we had to do the remedies ofthe landfill My understanding is in reading the document the original document the landfill was closed by thefederal government My understanding in 1977 we were clear We were in good shape Then all ofa sudden in 1993 94 there was a spill of 32000 gallon ofdiesel which carne out ofa tank that provides service to the County waste and water Theresquestion that Imasking that haventbeen answered Ihaventseen the plan ofthe 45 million This 45 million something came up long time ago andl have not seen the study that tells them what the problem that we have now 1 haventseen any ofthat So to me 1 think we can do a little better than what we have And Iknow the Administration have worked very hard on this and Iadmire them with the work theyvedone butIthink we can get a lot more And Idlike to have some
time
Chair Sarnoff Alice youre recognized
Alice Bravo ChiefofInfrastructure Alice Bravo assistant City manager And in reviewing the studies that we have provided to your chief ofstaffyesterday or a couple ofweeks ago
Vice Chair Gort Yesterday
Ms Bravo No The studies were provided a couple ofweeks ago and
Vice Chair Gort The original study I read it and thats where Igot all the information to bring itforward now
M Bravo Right Well weve provided him a couple ofstudies afew weeks ago when the item was originally deferred and went over some ofthe history in there Those documents described thefuel spills that youre stating and that those actions were cleaned up and addressed by the County and those actions were closed Once the landfill is capped if that landfill isfound to he releasing some other contaminants theresalways room for the regulatory agencies to take action against us In the mid 90s they asked that methane monitoring takeplace So even though the landfill was closed there was suspicion that there was a contaminant being released That action was closed And in 1998 the Water Management District and the County conducted a study ofthe Biscayne Bay near coastal dumps and thatswhat led to a notice violation in 2000 That was in those documents as well
Vice Chair Gort Okay One ofthe questions Ive asked is we donthave to sign the contract Now my understanding this is option ifwe signed a contract that were supposed to our existing contract with the waste is until 2015 is my understanding We sign a contract with the Miami Dade County for Solid Waste to disposal in 2015 is due If we dont sign a contract today we still have an addition an additional cost today ifwe sign it this year we have an additional cost and I dontknow what this what the cost is going to be to us being how much
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more were going to be paying now instead offer two years waiting till 2015 AndIdontwant to wait till 2015 but 1 want to make sure we get the right price At the same time Iaskedfor a study Ifwe decide to go to Broward since we have to go all the way to what is it we go The city we go to
Keith Carswell Director Solid Waste Doral
Vice Chair Gort Dora We go to Doral Theressome places in Miramar we can go to That study Igot the other day Im looking at it According to the original study that 1 received now that I understand theresanother study that came out two days ago We would still be saving money ifwe use that route So Tin having the problem that some ofthe Commissioners have here I dont have all the information so I will not be able to vote on this
Ms Bravo Idlike to give a chance to give our Solid Waste director a chance to go over the terms elRE4and the analysis that he prepared with regard to what it would cost the City to take the solid waste to Broward County
Vice Chair Gort When did Ireceive that
Mr Carswell Ireviewed that with a member of your staffyesterday
Vice Chair Gort When
Mr Carswell Keith Carswell directorfor the Department ofSolid Waste As we made the rounds meeting with various Commissioners several questions were raised and we addressed them individually based on the issues or questions that arise with by each individual Commissioner One ofthe questions that canoe up in a meeting with Vice Chairman Govt was what is the cost associated with transporting the our garbage to Broward County So we did an analysis And basically what were talking about in orderfor our operation to go to Broward County were talking about oneway trips Typically what we try to do in balancing the routes is garbage for example We like to see them do two or three trips per day to kind of balance out and even out the routes From an operating in talking with the union president there was apoint the City did take MSW Municipal Solid Waste to Broward County hut by the time they do the collection by the time you factor in a lunch break by the time youfactor in travel tune you only are able to go on the route once drive to Broward and then youfinish So in looking at garbage alone for our operation we have 23 routes We wouldneed to add an additional 20 trucks We would need to purchase we would need to hire additional 20 operators Thatsjust in trash division we would need to purchase 5 additional cranes hire 10 additional purchase 10 additional rubbish trucks plus you have pension costs associated ivith that So we went through that and 1 reviewed that with your staffyesterday And when you take a look at the incremental cost because this is a cost above and beyond what we would normally have to pay it comes out to about 68 a ton okay Were currently paying on average between going to the transfer station and going to resource recovery which is a cheaper rate 6991 aton So based on the operational challenges associated with a one collection versus the rate that were currentlypaying now itsjust operationally it doesntseem feasible or economically viable in the long run One ofthe things that in working through the interlocal agreement and also in reviewing the bond documents at the County a little bit out ofmy lane but looking at the bond documents associated with the Virginia Key remediation is that the County has committed to defending the revenues The County controls the permittingprocess The County anyone that wants a transfer station a local transfer station to take thirdparty garbage MSW has to go to the County in order to get apermit okay What was negotiated by this Manager in the agreement that should that golden permit ever be issued in our interlocal agreement its an out provisionfor the City So ifa permit is ever issued to allow a third party to accept MSW at a transfer station because it would make sense fromrom that standpoint then we have an out provision And again iffwe decide to then haul up to Broward in addition to the
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operating costs were then now on the hookfbr the remediation of Virginia Key Because in the bond documents it was indicated that approximately 45 million will be set it was estimated preliminary that 45 46 million was needed in the bonds fbr remediation ofVirginia Key Ithink thefirst tranche was about 28 million So it was always understood It was always discussed 11 was aphilosophical agreement ifyou will ifit wasntlegal that the remediation would he part ofthe extension ofthe interlocal agreementfor the transfer ofthe tonnage Again ifthe rates go down because the Vice Chair is right come 2015 there are about 17 municipalities that are currently tied to the interlocal agreement Youre absolutely correct The only two that have signed up was North Miami and Homestead which received remediation grants But if the rate should drop even though were signing up today we will get the benefit ofthe lower rate because everyone has to pay the same rate in the system
Commissioner Suarez Mr Chairman
Chair Sarnoff Let Commissioner Gortfinish
Vice Chair Gort Let mefinish aminute Keith and by the way let me tellyou Ithink your department is wonderful Its the greatest service because thats very important picking up the the sanitation is very important Ithink your department is one thats really doing a greatjob Every time we call or complain you guys respond right away
Mr Carswell Thank you
Vice Chair Gort Imjust trying to get whats bestfor the City What are we paying right now for tonnage What are we paying right now
Mr Carswell The rates
Vice Chair Gort Right
Mr Carswell the rate at resource recovery
Vice Chair Gort Right now
Mr Carswell is 6365
Vice Chair Gort Uhhuh
Mr Carswell The rate ifyou go to a transfer station any tran we go to the central transfer station which is down the street and we go to the west transfer which is Coral Way
Vice Chair Gort Right
Mr Carswell the rate is 7613 What we try to do is
Vice Chair Gort Whats okay 76 Whatsthe new rate
Mr Carswell The rate that is being discussed in Broward County is 42
Vice Chair Gort No no Im talking about here in Miami Dade County ifwe to sign the
contract
Mr Carswell We would sign on at the existing rates
Vice Chair Gort At the existing rate
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Mr Carswell At the current rates
Vice Chair Gort the next 15 years
Mr Carswell There are CPI Consumer Price Index potential escalation costs
Vice Chair Gort Right
Mr Carswell associated with that
Vice Chair Gort So theres no increase Now let me ask you a question The what do you call them the central station
Mr Carswell Trans yes
Vice Chair Gort The transfer station
Mr Carswell Yes
Vice Chair Gort How many cities use that Ithink were the only one that use that Can we get them to reduce the cost ofthe central sic
Mr Carswell Weve had discussions
Vice Chair Gort transfer station Imean thatssomething Iwould like to see Were the only one that use it
Mr Carswell Cantsay that we may he the were definitely I wouldimagine the only municipality that
Vice Chair Gort Were the major clients that they have
Mr Carswell Yes that is a fact That is a fact
Vice Chair Gort And Im trying to get whats bestfor us cause this is a contract were going to signfor the next 15 years At the same time when you look at the document the document allow the cities to do their own remediation to do their own process its done by the City In our contract the Countysthe onesgoing to do it
Johnny Martinez City Manager What was the question sir
Vice Chair Gort According to the bond contracts here the cities that had thefunds for the remediation thejob was done by the City The City selected individuals and the City make sure the jnh was done In our new contract the Countysthe onesgoing to he doing it
Mr Martinez Yeah and that was my idea When Ijoined the City there was aconsultant on board to do the contamination assessment report the site assessment report the remediation action plan the closure and those reports had to go to the County and we were drawing fiorn the 45 million Itgot to a point where they werentthe County was not reimbursing us for the work that they were doing cause theyre you know reviewing the documents So as part Phis agreement we said okay County were it seems like were not going to do the report to your satisfaction You go ahead andfinish the report Youre responsiblefor doing the closure and youre going to he giving us a million dollars a year of maintenance throughout the life ofthe project So Ithought it was winwin because as Keith kind ofalluded to earlier Ithink were
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tied to the County The County says okay walk away you donthave to do the interlocal agreement But now were responsible for the clean up ofthe site anyway and we have to go to Broward County When youfactor in those two things Ithink that the good business decisionfar the City and like you said earlier weve worked very hard very closely with the County whos a home rule county and were tied with them with to traffic circles to stop signs were tied to the County But I strongly believe that this is a good thingfor the City right now Weve got favored nation clauses in there We have out clauses in case and Iunderstand what youre saying Theyre the permitting agencies and theyll control the permits But ifthey get challenged and somehow the rates ever drop well he eligible you know far those lower rates But right now 1 only see two paths saying to the County guess what were not going to do the extension ofthe solid waste agreement which means weve got to go to Broward County and clean up our own site And based on that Id rather extractfrom them the million dollars a year for
Commissioner Suarez Operation and maintenance
Mr Martinez the maintenance ofthe deep well system Have them finish the report Also get reimbursed 350 000 that weveaccrued in expenses which they haventpaid us because of a lot ofother things that Idontwant to mention
Vice Chair Gort Let the tellyou what Idlike to see and stated before
Mr Martinez Yes
Vice Chair Gort Nobody in the past this has been going onfor ten years now andyou guys have come to some kind ofconclusion Idlike to get two weeks see ifwe can even improve it a little hit more Thatsmy request
Commissioner Suarez Alt Chair
Vice Chair Gort Im only one vote
Chair Sarnoff All right youre recognized for the record Commissioner Suarez
Commissioner Suarez Thank you Mr Chair And I think its important that these tiro items he taken together because I think that one naturally flows with the other one And so I dont know how much Ihave to add to whatsalready been said but my understanding whatsgoing on is we have obviously leverage because were the largest city and we obviously have leverage because the County wants to do a deal with us and thatll probably he apredicate and thefoundationfor the deal that it does with the other cities And so because ofthat weve gotten in addition to their commitment to do the remediation weve gotten an additional million dollars a year in operation and maintenance beyondjust the remediation which by the way if it costs us 68 to take it to Broward that kind ofobviates the supposed savings in and ofitself But then on top of that ifwe had to remediate our own site cause the County says Listen were not going to youre going to have to you want to take it to Broward Take it to Broward Now youve got to remediate your own site To do abond to remediate our site at that amount ofmoney will cost us 3 million ayear plus were going to lose out on the million dollars in operation and maintenance that we have to do ourselves after the site is closed You know I do have some familiarity with this because ofthe District 7 Commissioner and Iknow that this is one ofthe projects that the District 7 Commissioner has allocated a significant amount ofmoney And I know that one ofthefrustrations has been that it hasntbeen spent The moneysthere The moneysthere its been there for a long time It hasntbeen spent And l think even the auditor general ofthe County chastised the County far not spending the money So they could spend it somewhere else They can give it back to the bondholders They can do whatever want with it And myfear is that they do precisely that Imean the County knows how to negotiate They
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know they have what bargaining power they have My understanding is legally we have a legal requirement since were the owner ofthe land to do the remediation So were lucky that the County has stepped in and said Look were willing to do thisfar you Thatsmy understanding ofthe legal posture Is that correct Mr Manager
Mr Martinez Yes sir Now based on the model we sold the bonds itd he 4 million a year just only a slight correction instead of3
Commissioner Suarez So it would cost us an additional 4 million a year wed he paying more money to take it to Broward and we lose out on a million dollars an operation and maintenance So personally Iwanted to commend the Administration cause Iknow that theyve been working on thisfor a long time I want to commend the Solid Waste director and Ms Bravo and the City Manager Theyve had countless meetings on this issue You know Ive been in one or two of them and 1 know that theyve done a lot ofthings putting a lot ofmechanisms to protect the City in the event that things change as Ithink Commissioner Gort is worriedabout and 1 think rightfully so You know ifsomething happens ifsomething is morefavorable to a city going forward we should he able to get the benefit ofthat Plus if something changes in the private sector landscape Ithink the Manager has also built in some protections along with Mr Carswell to make sure that we get the benefit ofthose changes So Imean for roe this is a slain dunk but Imean nothing in the City sometimes is a slant dunk
Commissioner Carollo Mr Chairman
Chair Sarnoff Commissioner Carollo
Commissioner Carollo Thank you Holding this for two weeks would it hurt anything Are we you know Cause 1 think thats what Commissioner Gort is asking for Hessaying hey give me an additional two weeks to review whatever documents and soforth So lguess my question
is
Mr Martinez I71 Idontthink itll it would
Commissioner Carollo Would it harm would there he any harm to the City ifwe waited an additional two weeks and we bring it back at the next Commission meeting
Mr Martinez Absolutely not Our contracts not over 111 2015 This is just
Commissioner Carollo So
Chair Sarnoff But before we go offthis and l will support a twoweek delay And the only time Iget to talk to you is up here
Vice Chair Gort Right yeah 1 know
Chair Sarnoff And you all heard me say this hefbre When Igo out to Virginia Key Ithink to myself whosthe Commissioner ofthis district Oh thatsright its me And its not anything to he proud of Andyet every one ofus could he proud here if we had ballfields out there simple little ballfields football soccer whatever you want Call it what you will By the way not to say that the Village of Kev Biscayne would not enjoy the use ofthose ballfields So from a perspective from the day Iwalked into this Commission six years ago we have been talking about this But 171 tellyou a conversation Ihad with thenCity Manager Mignya Back in the conference when we used to have the COW Committee ofthe Whole room it was larger and then Commissioner Gimenez was there And Migoya in his usual style said Im not payingfor this and theres no way youre ever going to get me to pay for any ofthis And Gimenez said and looked at the Administration ofthe County and said this isnthard to understand The City is in
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crisis and theresno way theyre going to ever he able to pay anything above whatever the bond amount was So Gimenez said to them go back figure out a way that we become primarily responsiblefor this Now unfortunately the County wants to link the tippingfee for solid waste to this issue Its no secret the County is the 800pound gorilla and the 800 pound gorilla throws the 2pound gorilla around as it chooses to and were the 2 pound gorilla So what the Manager did and wedspoke about it was create whats called the mostfavored nation status which means anybody that negotiates a better rate than us we get that better rate Isat with Mr Carswell and Iasked him what is the wear and tear to the brandnew hybrid trucks that we purchasedfor them to ride up to Broward If dontknow this hybrid trucks dontdo quite so well hauling long hauls as does a diesel truck And 1 can get into the science ofthat but take that as an absolute given Ifyou were tofactor in the wear and tear ifyou were tofactor in the costs associated thereto we wouldhe over the 7613 that we wouldbe paying Its not even a hard analysis to make You have ifanybody gets a transfer station we get to opt out ofthe contract Any developer any private entity any municipality goes and contracts and creates and permits and ironically its the County the keeper n fthe key the keeper ofthe key prevents the
Commissioner Suarez Transportation from being approved
Chair Sarnoff Yeah exactly And we even asked iffit was constitutional It seems to be indicated by the City Attorneysoffice that if a governmental entity were to hold on to that monopoly it would probably be satisfactory So Commissioner Gort 1 wantyou to be satisfied but Icould tellyou as the Commissioner ofthe district having dealt with thisfor six years having negotiated with Migoya having negotiated with Gimenez having asked this Manager personally to get involved having asked Alice Bravo to getpersonally involved having sat with them for probably more hours than they care about having said to them Idlike to see a ballfield hefore Ileave this Commission And Idontthink werefactoring in the quality nflifewere depriving the citizens ofMiami from having because there simply arentenough ballfields in the City ofMiami and theresjust not enough raw fun landfor thefolks to have And this you know we talk about crime And I know Commissioner Spence Jones will tell me there is a correlation to kids being idle and not having enough to do So its all a little piece ofthe puzzle Itsall a little its like agreat bigpizza Theresa little sliver out there thatll help the next sliver along Its all part ofit
Vice Chair Gort Mr Chairman if 1may
Chair Sarnoff You recognized
Vice Chair Gort Let me clarify somethingfirst And Iwant to work with the County Ithink we have to I think we have to work as a team Thatsthe only way were going to get things done Butyou also need to understand that when they made the bond issue in 1995 the only reason they were able to do it was because they had the pledge ofthe City ofMiamifunds
Chair Sarnoff Right
Vice Chair Gort Okay So thatsfund that was supposed to be coming to us cause they used our pledge and our revenues to do the bond issue
Commissioner Suarez But thatswhy they claim that the two are tied together also
Vice Chair Gort Right
Commissioner Suarez They claim that the extension is tied to the bond because the bond has a longer maturity than our agreement
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Vice Chair Gort All Iwant to see ifwe can get the transfer station ifwe can get some reduction some savings
Commissioner Suarez Look
Vice Chair Gort Thats all Im trying to get
Commissioner Suarez May I Mr Chair
Chair Sarnofj Let me go to Suarez and then over to Spence Jones
Commissioner Suarez Sure Mine isjust real quick Listen I dont have a problem with the twoweek deferral As everyone has stated here you know were all acting in goodfaith trying to get this thing done and truing to get it the hest dealfor the City So Idonthave any issue with a twoweek deferral Ijust Ithink the discussion was healthy Ithink we got pretty much all the things out there And look as the Chairman said 1 dontknow Ithink most people dont know in a litigation whats going to he the outcome You dontknow ifsome private sector entity will come in and say were going to challenge the Countys right to you know administratively deny us a transfer station and they might win And the beauty ofthis agreement is that if they do win and we do get some sort ofa better deal we have the right to opt out which by the way I have to commend the Manager on because he stuck to his guns on that issue and on the other issue 1 think there was two big issues Iforget what the other one was
Mr Martinez No minimum that we have to
Commissioner Suarez Right right
Mr Martinez UNINTELLIGIBLE was also huge for me
Commissioner Suarez Andyou know what you just reminded me ofanother thing which is that this whole thing is minimized by thefact that thanks to the Chairsleadership as a Commissioner we have a recycling program that right now is going to he generating a tremendous amount ofincomefor the City ofMiami and generating a tremendous amount of well reducing our costs in terms ofwhat we tip And then we also have the clean yardprogram So we have you know our tipping expenses are going to continue to go downfurther and further andfurther
Mr Martinez Our estimate Commissioner its going to go down from close between nine to ten million down to seven million
Mr Carswell And justfor the record through last week remember when we did the presentation we collected about 3000 tons of recycling a year Through last week were at 2800 tons already for the year
Commissioner Suarez Well Imean that a blessing
Vice Chair Gort That is doing good
Mr Carswell In addition to that with the clean yard waste which we assume could be clean yard trash that can go other than to the County between recycling and the clean yard waste disposal were looking at saving a little over two million in tipping fees right now so
Chair Sarnoff You know Mr Carswell just to comment on that I was here Ithink Commissioner Spence Jones was too when we won the cleanest city in America award and I never truthfully really thought we were the cleanest city in America but we did win it You might
City of Miami Page 41 Printed on 2122013 City Commission Meeting Minutes January 10 2013
want to reapply because Igot to tell you we are a much
Commissioner Spence Jones Iremember
Chair Sarnoff greener cityjust in that simple process that we put in place And another person that deserves a kudos is you You and Ive said it before but as long as you know I guess when youre Chair you get to say nice things Greatjob on that You every issue you tackled you tackled it like a gentleman You were a scholar You did a greatjob on that Everything you said would happen is not only happening hut happening about 10 to 15 percent better
Commissioner Suarez Its overperformance
Chair Sarnoff than you said it would so thank you
Mr Carswell Well thank you And it takes a team effort so those at the Solid Waste Department thank you and also the Manager and his support Its been challenging but hes been unwavering in his support
Commissioner SpenceJones Mr Chairman
Chair Sarnoff Yes maam
Commissioner SpenceJones Ijust first ofall I think we all acknowledge that whenever a district Commissioner has askedfor something to be deferred or have more time we all respect that at least we try to So Ina actually the person actually made the motion but whatIwould like to do just in justfor a matter ofrespect to at least allow the County to put something on the record as well and 1 think we do have the department director
Mr Carswell Director who is no stranger to the City
Commissioner SpenceJones Okay Ijust would likefor her to put her comments on the record
Chair Sarnoff That looks like afamous person here
Kathleen Woods Richardson Oh boy Good morning Commissioners Mr Mayor
Vice Chair Gort She looksfamiliar
Ms Richardson Thankyou for having us here
Chair Sarnoff Put your name on the record
Ms Richardson Kathleen Woods Richardson Im the Public Works and Waste Management directorfor MiamiDade County former directorfor City ofMiami Solid Waste Department proudly Ido appreciate your efforts this morning in moving this item forward 1 do wantyou to know that we have worked really hard and your staffhave been troopers tough troopers in getting this item to where it is Commissioner Suarez weve had meetings with him and numerous meetings with the Mayor And we cantcount the time weve spent with your staffin trying to get to this This is a hard fought fight to make sure that all ofthe interests the hest interests ofthe County and the City have been protected Iknow that there were some things that we have in disagreement that you know we have to go and stretch to make sure that we put them there But Iwant you to know that the County is always sensitive to those changes that occur in the waste industry and so things that happen outside ofour county do impact us And as the City is our largest municipal customer we are the County our own largest waste customer so
City of Miami Page 42 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
certainly what would affects you would affect us a lot more So were working and continue to work that as the industry change we have to adjust to make sure that we protect our own real interests So those concerns are certainly forefront in our mind The twoweekdelay is not going to hurt us in any way We do have some time on this although wedlike to get it done as quickly as possible So we have no problems with that And to let you know that Iam as well as anyone else in my staff are available that ifyou want us to sit with you you have some concerns or some questions well be available to address those
Vice Chair Gort Iwould appreciate that because I
Ms Richardson Certainly
Vice Chair Gort Ive not been part ofany ofthe meetings so Iwould love to meet with yall
Ms Richardson Gladly
Vice Chair Gort Thank you
Ms Richardson Certainly
Chair Sarnoff Iwouldnthave ordinarily opened up apublic hearing hut since the County spoke Im going to get you speak
Joe Simmons Thank you sir Happy New Year to everyone Joe Simmons Jrpresident ofthe sanitation workers union
Vice Chair Gort He should he on the radio
Mr Simmons AFSCME American Federation ofState County and Municipal Employees Local 871 Just a couple of comments I agree with Mr Carollo about seeing I mean Mr Gort Commissioner Gort about a lower rate hopefidly What we would like to have taken into consideration as part ofyall discussions during the two weeks before youre going to look at it again ifit doesntpass today is to consider us having the same rate dumping our material on the resource recovery or the 20th Street land the 20th Street transfer station which is by the way one block away It will save us on labor cost fuel wear and tear maintenance on our vehicles So I know there was a discussion about going to Broward but that was 15 years ago and we had all new fleet Thatswhat wedlike to have considered But we do support the item generally speaking and you know thatsgoing to maintain the level ofjobs the County and City ofMiami because those are our same counterparts in the County and we support it wholeheartedly Thankyou
Vice Chair Gort Thank you
Chair Sarnoff All right procedurally what 1 think we need to do is have the maker withdraw the motion
Commissioner SpenceJones Iwithdraw the motion
Chair Sarnoff And now the maker can make a new motion
Commissioner Spence Jones Imake a motion that we hear this item
Vice Chair Gort Next Commission meeting
Commissioner Suarez Defer it to the next Commission meeting
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Commissioner SpenceJones next Commission meeting be okay
Vice Chair Gort Yeah
Chair Sarnoff All right we have a motion to defer itfor the next Commission meeting
Commissioner Suarez Second
Chair Sarnoff Is there a second
Commissioner SpenceJones Second
Commissioner Suarez Second
Chair Sarnoff We got the motion maker Commissioner Spence Jones It looks like Suarez is trying to say yes
Commissioner Suarez Ill second it yes
Commissioner SpenceJones Yes
Chair Sarnoff There you go All infavor please signify by saying dye
The Commission Collectively Aye
Chair Sarnoff All right
Mr Martinez That was Mr Chair that was RE2 and 4 both
Chair Sarnoff RE2and RE4
Commissioner Spence Jones And 4
RE3 RESOLUTION
12 01340
Department ofCapital A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Improvements ATTACHMENTS AUTHORIZING A GRANT TO THE MUSEUM OF SCIENCE Program INC D BA MIAMI MUSEUM OF SCIENCE AND PLANETARIUM MMOS TO SUPPORT THE DEVELOPMENT OF A NEW SCIENCE MUSEUM AND
PLANETARIUM FACILITY IN THE CITY OF MIAMI OWNED BICENTENNIAL PARK IN AN AMOUNT UP TO 548375 ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO B 78502A ENTITLED MUSEUM OF SCIENCE DEVELOPMENT IN BICENTENNIAL PARK AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE EXISTING PROJECT CO OPERATION AGREEMENT AS AMENDED WITH MMOS IN SUBSTANTIALLY THE ATTACHED FORM TO INCREASE THE FUNDING UNDER THE GRANT AGREEMENT FROM AN AMOUNT OF 2151625 TO AN AMOUNT UP TO 2700000 FOR SAID PURPOSE 12 01340 Summary Formpdf 12 01340 Legislation Version 3pdf 12 01340 Exhibit 1pdf
City of Miami Page 44 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be DEFERRED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
Notefar the Record Item RE3was deferred to the January 24 2013 Commission Meeting
RE4 RESOLUTION
12 01336
Department ofSolid A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Waste ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI AND MIAMI DADE COUNTY COUNTY AND CONTRACT CITIES FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM FOR SOLID
WASTE DISPOSAL OF MUNICIPAL SOLID WASTE
12 01336 Summary Formpdf 12 01336 Legislationpdf 12 01336 Exhibit 1pdf
Motion by Commissioner Carollo seconded by Commissioner SpenceJones that this matter be DEFERRED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
Natefar the Record Item RE4was deferred to the January 24 2013 Commission Meeting
Chair Sarnoff And now we have a non agenda item which
Commissioner Suarez Do you want us to take it separately
Chair Sarnoff we will start with And Commissioner
Dwight S Dania City Clerk Excuse me Can we do
Commissioner Suarez Both ofthe deferral separately He wants to do the deferrals separately
Chair Sarnoff Sorry
Mr Danie Can we separate those items for We have two votes an
Chair Sarnoff Oh two votes Pin sorry
Mr Danie Yes
Chair Sarnoff UNINTELLIGIBLE
Commissioner Carollo Imake a motion todefer RE4to the next Commission meeting
Commissioner Suarez Second
Commissioner SpenceJones Second
Chair Sarnoff Youre accepting that as RE2snotion right Okay We have a motion We have a second Any discussion Hearing no discussion all infavor please say aye
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The Commission Collectively Aye
Chair Sarnoff Okay All right
Commissioner SpenceJones Mr Chairman is this the 11 oclock time certain
Chair Sarnoff It is
Commissioner SpenceJones Okay Can 1 have a minute please ifyou dontmind
Chair Sarnoff Absolutely Go ahead
Commissioner SpenceJones Ijust need to do something
Chair Sarnoff You want to do a quick recess
Vice Chair Gort Yeah five
Chair Sarnoff Letsdo a to give you guys letsdo a real ten minute recess
Manuel Orosa Chief ofPolice Commissioner sometime ago we had discussions about buying police equipment and trucks and stufflike that We have some in Its outside Wheneveryou guys breakfor lunch ifyou want to get a little tour
Chair Sarnoff Can we go lights and siren Just kidding
Police Chief Orosa Excuse me We got afew trucks a new police car a light system so that whenever yall breakfor lunch ifyou want to go through the equipment its out there
Vice Chair Gort Idontwant to use it though Idontwant to use it
Chair Sarnoff You dontwant to he in the hack
RE5 RESOLUTION
12 01385
District 2 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioner Marc OPPOSING SUPPORTING ULTRA MUSIC FESTIVALS REQUEST TO THE David Sartzoff FLORIDA DEPARTMENT OF TRANSPORTATION FDOT TO CLOSE THE NORTH BOUND LANES OF BISCAYNE BOULEVARD FROM THE CHOPIN PLAZA TO NORTHEAST 6TH STREET MIAMI FLORIDA FOR A TWO WEEKEND EVENT ON MARCH 15 2013 THROUGH MARCH 17 2013 AND MARCH 22 2013 THROUGH MARCH 24 2013 DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO FDOT
12 01385 Legislationpdf 1201385 SubmittalBrian Maypdf
Motion by Commissioner Suarez seconded by Commissioner Carollo that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130018
City of Miami Page 46 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff All right so Iguess we will hear Ithink its RE5and Supplemental Agenda item Ultra
Commissioner Carollo Can we hear them simultaneously so it
Chair Sarnoff Absolutely absolutely You want to do a presentation Mr May you represent Ultra
Brian May Yes
Chair Sarnoff You are Ultra
Mr May Iam not Ultra Actually Ultra is here with me though today Ihave Ray Steinman and Russell Faibisch and Adam Federman with me all partners in Ultra Im Brian May representing Ultra in this matter As you know we all saw each other about a month ago where we considered the traffic plan at that time That item was deferred until today and then of course theres the supplemental agenda item I would likejust to start out by saying at the last meeting Iput on the record a number of the downtown neighbors that we had met with including the Intercontinental Miami Center 200 South Biscayne Vizcayne 50 Biscayne Bayside whos
here in support this evening and American Airlines Arena amongst others And that was you know and weve documented in a letter that each ofyou have received all ofthe outreach that weve undertaken both before and after the December meeting to try to resolve as many ofthe disruption and mitigation issues that we could do So I want to firstput that letter into the record ifyou dont mind And I also would like toput into the record while Im at it
Vice Chair Gort Can Iget a copy ofthe letter
Mr May Im sorry
Vice Chair Gort Can I get a copy of the letter
Chair Sarnoff Commissioner Gort wants to see a copy ofthe letter
Mr May Sure Yeah you
Chair Sarnoff Hand it to the Clerk and hellhand it around to us
Mr May received a copy ofit And Ialso want to put into the record the traffic study that we submitted at the last Commission meeting as well as the economic impact study which we have referred to in the past and will a little bit tonight Mr Chairman Commissioners as you all know Ultra is getting ready to hold its 15th event here in Miami And since 2001 hold its 12th consecutive event either at Bayfront Park or Bicentennial Park had to do a little math there for a second And the event as well as downtown has grown considerably over the years The event has grown considerably downtown has grown considerably in terms ofresidents as well as businesses and restaurants And ofcourse with the growth ofofthose things we do have issues that have to be dealt with But what gets lost 1 think in all ofthe issues is the economic impact and the branding valuefrankly that the event brings to the City ofMiami Last year it was a record event on one weekend with 165000 people passing through the gates over the threeday period and marking about 79 million ofeconomic impact in accordance with our study This year we estimate with the proposed two weekends that we would generate about 300000people through the gates over a six day period and also generate upwards of 150 million in economic impact So while the event has its challenges and it has its issues it certainly has its benefits And there are plenty ofrestaurants hotels and merchants downtown who wouldattest to that as well as hotel owners and restaurants and otherfolks throughout the area Were here tonight because we really would like the Commission to approve ofa second
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weekend In our letter we have taken some extraordinary steps and some additional steps to try to mitigate especially the Friday issues with the event As you know weve had issues with downtown lawfirms andprofessional firms who have complained about the closing ofBiscayne Boulevard last year an the Thursday preceding the Friday ofthe event as well as the noise issues that have taken place you know during that Friday which can he disruptive we all agree In that regard in our letter we Ido point out that we have agreed to ifamenable to the Commission to rather than close the boulevard on the northbound lanes on Thursday night at 10 pm to defer that til 10 am on Friday nrorning so that we can actually get the downtown workers into their buildings through those that day When they come out the traffic plan that we have proposed which you all have seen would kick into effect and would we think get people out ofthe buildings much quicker and much more efficiently than we were able to do last year In addition to that we have put a ban on any noise checks or any sound corning out ofour sound system until 430 in the afternoon In addition to that Ive listed in the letter all ofthe specific mitigation issues that we have undertaken with the stakeholders with whom weve met I will just categorize those briefly without getting into all the specifics But we are certainly going to pay far and put on the ground for instance at the Miami Center and Intercontinental combine on those two properties which you know basically abut the park five additional offduty officers three at the Miami Center two at the Intercontinental simply to deal with any crowd congregation issues on those properties as well as to help both ofthose buildings get people in and out ofthe buildings from a traffic standpoint including anything that would happen with regard to the loading dock The other significant thing that Iwould put on the tahle is were doing similar things up and down the boulevard but specifically with Bayside And Pam Wellers here tonightfrom Bayside in support We are taking going to great lengths to work with Bayside to make Bayside more a part ofthe event this year including providing some program on site for them at our expense as well as putting certain things potentially on the site could he will call those types ofthings to try to drive traffic to Bayside as well And weve also provided and have agreed with them that we will market Bayside actually on our site itself as a destinationfar our visitors to eat and to shop before and after the events So with that 1 wouldjust like to say you know its a somewhat difficult issue depending an where you sit Everybody has a different perspective and a different point of view I can only tell you that Ultra Music Fest and the three partners specifically that are sitting here Ican attest have gone beyond the call ofduty and done everything in their power to try to address as many issues that are possible to address with regard to the event So with that Im here to answer any questions or address any issues and we respectfully ask that you will approve the traffic plan and approve of the second weekend Thank you
Chair Sarnoff Thank you Allright Does any Commissioner want to say anything
Commissioner Suarez You want us to chime in first or you want to chime in first
Chair Sarnoff You mind ifIchime infirst
Commissioner Suarez No not at all
Chair Sarnaff Its unusualfor the Chair hut it might he useful Let me start by sort ofsetting the record straightbecause a lot ofnews organizations and blags and magazines and whatever decided to say that Iwanted to kill the second weekend ofUltra And what happened is Ultra was selling the second weekend prior to ever coming before anyone and askingpermission for that second weekend so it is very much akin to selling movies to selling tickets to a movie theater without having rented the movie theater ahead oftime So it was never Iwas trying to kill the second weekend it is that they had never sought permission And with regard to Ultra and the second weekend you know theresa visionfor downtown and that vision is simply that this is the business core for the City or And while you can withstand a weekend ofUltra the question is Can you withstand two consecutive weekends of Ultra with people staying over from the Friday before all the way to the end ofthe Sunday And it was my estimation and my
City of Miami Page 48 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
opinion based on private conversations with a lot offolks that it was just an undue burden on the business communityfor the City ofMiami Now theresno doubt Ultra brings a certain type ofbusiness Itbrings a certain type ofburden It brings economic realities But there are other economic realities that Ultra equally brings For instance the amount ofarrests that occur One ofyour Bayfront hoard members told me you only had six arrests And Iwas like wow that was apretty efficient weekend Turns out you had 71 arrests Earlier today we saw a UNINTELLIGIBLE study on what an arrest costs the City ofMiami And ironically Ultra doesntbring a dollar to the City ofMiami It may bring 13million to the Bayfront Trust but the Bayfront Trust doesnthave apoliceforce The Bayfront Trust doesnthave firerescue The Bayfront Trust doesnthave a hospital The Bayfront Trust doesnttransport people to andfrom thefestival to either prison or Ishould say jail or to Jackson Memorial Hospital Icould give you the numbers of that transit happening as well And then theres the issue that police officers do get sued and they get sued by people who are at Bay at this festival and it happened to the City ofMiami In accordance with the agreement entered into by Bayfront Trust one ofour police officers was sued as is the City ofMiami being sued In accordance with that indemnification agreement it is incumbent upon what is the name ofthe corporation that entered into the agreement
Mr May Ultra Music Festival
Chair Sarnoff Inc
Mr May Inc I believe
Chair Sarnoff So Ultra Music Festival Inc What is it
Mr May Ultra Music Festival Group
Chair Sarnoff Inc Ithink
Mr May Yes
Chair Sarnoff Theressome corp is this an SPE single purpose entity Well Ill go on Single purpose entity So we know that the City ofMiami tendered the defense ofthis case We know that Ultra purchased some insurance and Ultra has said to the City ofMiami Hey City and Im going to be colloquial ifyou dont mind were going to send it to our insurance company and our insurance company will decide whether therescoverage But iftheresnot coverage we are left with Ithink its three correct me ifIm officers and the City ofMiami defending itselffor more or less assault and battery overuse ofexcessiveforce the usual things that we tend to get sued firat these bigfestivals We will incur three separate attorneys and we will incur whatever settlements we have to deal with Ive estimated that could he anywhere between 250 to 750000 depending upon the severity ofthe injury But the City ofMiami will receive no compensation firthat unless the insurance company picks up coverage and that we just dontkno yet
Mr May Thatsnot what our letter said Commissioner
Chair Sarnoff No no I understand Your letter said the SPE the single purpose entity will defend the City ofMiami The single purpose entity will defend
Mr May Commissioner let mejustput on the record so were all very clear because we did this outside with one ofthe officers
Chair Sarnoff Okay
City of Miami Page 49 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr May Okay The two ofthe six officers who are being sued have requested for defense
Chair Sarnoff Okay
Mr May In the normal course ofbusiness when we have insurance thefirst thing we have to do is turn that over to the insurance company because we buy insurance so that they if something happens will make the defense and pay the claim We have never said that we would not indemnify the City or live up to the agreement ifthat wasntthe case And inflict we committed to the officer in front ofthe Mayor less than an hour ago that we would agree to indemnify the City against all these claims And if the officers are part ofthe City theyre a part ofthe City and we indemnify them for those claims
Chair Sarnof No no And all Pm saying toyou Mr May is your insurance company right now is deciding whether therescoverage to defend the people that youve
Mr May Sure
Chair Sarnoff indenmified
Mr May Right
Chair Sarnoff And in the event your insurance company decides it had it does not have coverage it is left to the single purpose entity to then defend the City ofMiami maybe assign us your rights to the insurance company But the point is there is acost associated herewith to the City of Miami and to the various police officers For instance Iknow one ofthe police officers has chosen Mr Klausner to be his attorney AllPm suggesting to you is there are costs associated with Ultra that are not being reimbursed to the City because the City receives no money fUltra The City doesntget one dollar from Ultra The Trust gets
Mr May Is the Bayfront Park Trust an agency ofthe City
Chair Sarnoff But the Bayfront Trust does not support the generalfund the police department fire and rescue It doesntput a dollar towards it So that was one ofnay concerns for it Oh Im sorry Have they in the past
Commissioner Carollo Mr Chairman
Chair Sarnoff Youre all Let me finish cause Iknow youre going to Im not unaware of what were going to say Im bringing up my issues
Mr May Agreed absolutely
Chair Sarnof prior to
Mr May Absolutely
Chair Sarnoff And my biggest issue Brian is the vision for the City ofMiami And Ijust dont share your vision that you should have this type ofdisruption this Woodstock in the central core ofthe City ofMiami Perfectly okay to do it three days aweek but now youve increased it to six stringing in the middle ofthe week which is anotherfour days while Ultra is there There is a significant issue well Imjust telling you what nay concerns are
Mr May Okay Im
Chair Sarnof You could shake your head no Imjust going to
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Mr May just tto
Chair Sarnoff say what my concerns are
Mr May understand You said stringing in three days Idont
Chair Sarnoff Well you are because youre
Mr May Were not closing the boulevard Were not
Chair Sarnoff Youre not closing the boulevard Im not suggesting
Mr May Were not conducting afestival
Chair Sarnoff you are Youre not even conducting 1 think any kind ofevents
Mr May No
Chair Sarnoff Right But what Im saying is youre going to have folks staying here
Mr May Absolutely yes
Chair Sarnoff from the Friday
Mr May Yep
Chair Sarnoff before to the Sunday
Mr May Yes
Chair SarnoffAnd
Mr May In fact we have hoteliers that will not sell ahotel room downtown to afestival goer unless they buy unless they come for a seven day stay
Chair Sarnoff And therein lies
Mr May And theyre selling them
Chair Sarnoff another concern ofmine Because Ive spoken to the police officers Ive spoken to your previous security We all know drug usage at Ultra is significant And while it may be okayjar a kid young roan young woman to get high whatever you want to call it Friday Saturday and maybe Sunday there will be those that will attempt this Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sunday And as you know the drug ofchoice Ecstasy or LSD Lysergic acid diethylamide which is apretty big drug of choice Imjust readingfrom what the magazine articles say about this is a stimulus And in order to come down from the stimulus you have to give yourself a depressive So you have to come up and down up and down for what could be over a weekstime Well if just did itjar one weeks ifyou did itfor the one weekend period youdbefacing two or three days ofthis Its a concern ofmine may not he a concern ofUltra Ultra might say we got this all in hand Im merely citingyou nay concerns
Mr May Understood
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Chair Sarnofff And all Im saying to you is it is not my vision as the district Commissioner of that area to have a two weekend event Now Iwill support you this time because you have sold my understanding is between 60 and 70 percent ofyour ticketsfor one ofthose weekends that you did not have before So Im assuming
Mr May Thatscorrect
Chair Sarnoff even right if you could get the word out that half these people may still come And ifIjust do the math you could he looking at upwards of 60 or 70000people maybe 50000 in the City ofMiami not experiencing an Ultra experience and eitherfrustrated or doing whatever it is theyre going to do outside ofyour park And thats why Imprepared to move forward but on thefollowing premise
Mr May Okay
Chair Sarnafff First being that you pay the City ofMiami to a special revenue account for the use of the police department for the Chiefof Police budget 500000 Further that you agree Ultra should be a one weekend event afteryou have your twelfth anniversary this year
Mr May Fifteenth anniversary
Chair Sarnafff What was it 1 thought you did the math and you said it was twelve
Mr May No 12 years weve been doing it at either Bayfront or Bicentennial
Chair Sarnoff So yourfifteenth anniversary
Mr May Fifteenth anniversary
Chair Sarnoff I would support it this time under those certain terms
Mr May Can Ihave a minute with my client
Chair Sarnafff Sure
Commissioner Carollo And Mr Chairman
Chair Sarnofft Youre recognized
Commissioner Carollo Thank you
Mr May Can Ijust Can I make one statement before we One thing that I and my clients are considering Theydlike to hear some more ofthe debate but theyre definitely considering your offer We Ijust want to put on the record that Ultra did go on sale with tickets with some authority And infact it was the same authority that its receivedfor every previous year that its held the event which is an approval from the Bayfront Park Management Trust which is the norfinal up until today and customary way in which approval is soughtfor the events So Ijust wanted to put that on the recordfor the sake ofcorrecting the record if thatsokay But
Chair Sarnofff Well and Icould tellyou that 1 could cite you that the City ofMiami is the only jurisdiction that makes recommendations to the Florida Department ofTransportation as to whether you should close Biscayne Boulevard
Mr May Absolutely understood
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Chair Sarnoff Okay
Commissioner Carollo Mr Chairman
Chair Sarnoff Youre recognized
Commissioner Carollo Thank you Mr Chairman Afew things andIdontwant to he redundantfrom the last meeting Ithink you know there was a lot ofdiscussion in the last meeting And again Idontwant to be redundant 1 will say some ofthe same things that 1 did say in the last meeting but Ill try to limit them And then there are a few issues that you raised that you know I would like to comment on First ofall you know were discussing an international recognized event that has askedfor a second weekend on a pilot basis you know Ill be thefirst one to tellyou ifthis has a negative impact to the City of Miami Idhe the first one saying it not going to happen again So you know and again on a pilot hasis You know maybe it is succes you know And by the way this Commission has taken a leap of faith you know in various issues So you know I dont know about limiting to just this saying thatjust this year I think we should evaluate after this year And again ifit has a negative impact Iam telling you Iwill be the first one saying youre not coming back You donteven have Bayfront Park Management Trust support Last year and the reason why Iam taking a leap nffaith with this is because ofthe history that theyve had with us It hasntall been had Last year the event was held at the same time that Disney on lce was playing at American Airlines Arena At the same tune the Bicentennial Park was having Cavalia at the same time that the Arsht Center had two shows and it was packed Was it perfect No But realistically as the chairman ofBayfront Park Idid not hear the outcry Ireally did not At the same time it had a huge economic impact in the City ofMiami They did a study and it was 79 million Not to mention during those days and Im not sure what the amounts are this year hut ourpolice officers are going to be receiving about 400 000 in overtime payment Ourfirefighters are going to he receiving over two hundred and something thousand in overtime payment So at the same time its money to our employees extra money that doesnt comefrom the generalfind With regards to Ultra not giving any monies to the City ofMiami directly no indirectly yes Wejust had a very successful what Ibelieve was a very successful New YearsEve celebration The City ofMiami did not payJiff thosefireworks It 100000 right there infireworks alone you know The City ofMiami is not subsidizing all the maintenance in that park Its a beautiful park You know we havefree yoga You know downtown Miami uses that park quite a bit All that maintenance and Idonthave to tellyou because listen youre quite savvy andyou know its notjust having a park It the maintenance behind it Ive heard you do the arguments City ofMiami doesntpayforthat The Bayront Park Manageinent Trust does So to a certain degree okay maybe directly theyre not giving the City ofMiami money But indirectly listen how do you think thatsgetting paid From part ofthese shows So Ithink thats important to recognize Listen Ultra and the people representing Ultra came before us We actually had at least two meetings one at the DDA Downtown Development Authority offices one here And we invited and one ofthem you chaired all the stakeholders to come forward and see what were the issues At the last Commission meeting Iasked the representativesfrom Ultra to meet with everybody and make sure that these issues were resolved Itappears that they have unless I know otherwise You know so realistically you know theyre trying to be cooperative And I can only go by history And it seems like whenever they have promised in the past they have delivered You know listen Isaid in the last meeting and Idontwant to be redundant Imay not be attending the Ultra Fest Imay not even be a fan or of Ultra Fest However this is a diverse community This is a diverse city Thatswhat makes us great And we have sports we have arts we have entertainment Listen theresdefinitely a demandfor this Theresdefinitely a demandfor this event And ifyou lookfrom the emails electronic its notjust local people you know Were talking internationally People are going to come to this city to spend monies to stay in our hotels Maybe one weekend it wonthe the Intercontinental but all the other hotels somehow we really Im 79 million economic impact to the City ofMiami for one
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weekend states a lot you know So Ithink its something that we need to really look at and really consider With regards to the drug use that was one ofthe conditions that Bayfi ont Park Management Trustandl wanted to spearhead that they had to definitely do some type ofdrug program Because listen 1na aformer police officer l didnttolerate any drug use and stuff like that As a matter offact I had quite afew drug arrests Andyou know I dont know if its really the Ultra Fest cause asfar as my knowledge they dont condone any drug use or is it really ouryouth And Ithink realistically and thatswhy Irequested that they put money towards youth program and a drug outreach program Because you know realistically Ithink some ofour youth whether its Ultra or somewhere else theyre going to he you know doing drugs l mean So realistically 1 dontnecessarily think that this is a big drug fest and you know everyonescondoning this No absolutely not Listen this Commission in the past have taken a leap offaith you know I actually do like whatyou requested with regards to the monies going to the public safety to go into police As a matter offact Ithink some ofthat should also go to thefire department you know This is the second time that you know we allocate fundings sic and it gonejust to police and Ithink to a certain degree you know Im not listen public safety Im not against it But at the same time lets remember this that this is the second time that weve allocate a certain amount justfor police Cause in thefuture Imsure there will be also allocations and Ijust want again notefor the record that this is precedent So you know what Ithink its a great suggestion you know Ithink thats a great suggestion However the one thing that Iwould like to just mention in your request is with regards to thepilot program Lets see how it works out And Ican assure you you have my commitment ifits really that bad Im going to be the first one to stand up and say no we dontwant a second weekend or we dontwant Ultra which Idontthink that will happen because weve had successful Ultra in the past Thankyou
Chair Sarnoff Thank you
Commissioner Suarez Mr Chair
Chair Sarnoff Suarez youre recognized
Commissioner Suarez Thank you Mr Chair You know Iagree with Commissioner Carollo I think in the last Commission meeting we were kind ofcomingJima the same perspective You know we have a lot ofsignature events in the City ofMiami and in the Greater Miami area We have ArtBasel but there are many people that dontparticularly like or buy art but its a magnificent event We have the boat show There are some people that cant afford Goats or dontlike boats But theresno doubt that its a wonderful event fbr this community We have the Super Bowl which we know is another main event whichfeatures the City of Miami in a very prominent fashion And some people dontlike sports We also have the Winter Music Conference and thats something that involves not only Ultra it involves a variety ofdifferent events Art Basel involves a variety ofdifferent events so does the Super Bouland the boat show But some people come from around the world to enjoy the Winter Music Conference Were seen as one ofthe music capitals ofthe world And Ithink you know my vision fbr the City ofMiami is that it he a worldclass destination And Ithink when you you know obviously its always difficult when you have a parochial interest that conflicts with something like that And weve talked about it before Weve talked about itwith Burn Notice and we you know Ithink you led the effort as you are leading now you know to broker some sort ofa compromise where all parties can be happy but we also kind ofdrew the line in the sand and said Look this is it And weve been through that circumstance before You know we also had a situation where weve made a tough call on Swedish House Mafia Ithink it was the group Swedish House Mafia which did one in the old American Miami Arena site And we werent sure whether that was going to be very disruptive and turned out 1 paean 1 you know it turned out to be okay So you know my argument was and to restate itfiom the last time was simply that as the Commissioner said you know I think we need to give them an opportunity Theyve obviously seem to have done what weve askedfor in the sense ofgetting all the
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different affectedparties together and gelling them to you know be on board most ofthem at least at least the ones that have come here before the Commission And it seems like that coalition has gown and Im assuming that theyre not going to stop now Theyre going to continue to do that process But Iwholeheartedly support your efforts you know to make this as good a dealfor the City ofMiami residents as it is now Thank you
Chair Sarnoff You want to go next Commissioner Gort
Vice Chair Gort Letsgive a little history Ithink we began in the 90s allowing some study If we wantedpeople to come to downtown Miami we needed to create housing And thats how we gotsome ofthe affordable housing buildings the old buildings to get people to come to downtown Miami I think were finally you can see the buildings Brickell area the Omni the amount ofresidents and new residents that we have within downtown Miami Ithink we finally getting for thefirst time in 20 years a 24hour downtown where it was something that was missingfor a long time So Ican understand it benefits a lot ofpeople hut at the same tinge its a lot ofconsequences to other people 1 mean we analyzing the benefits to the hotels restaurants and bars what about the residents How about the people in the offices And Ican tell youfrom experience I have people calling me that cantget out oftheir office because of the whole problem it is So this has got to be a lot more controlled Ifyoure really going to pass this its got to he more control And you know Bayfront Park everybody wants to do things in Bayfront Park hut we need to realize I think we spent over 25 to 30 millionfrom general funds to create Bayfront Park to make it that attractive
Chair Sarnoff Commissioner Spence Jones
Commissioner SpenceJones Mr Chairman Ive heard everybodysviewpoint Ijust want to add a couple ofthings The first thing that 1 would like to say is really more or less geared towards Tim and the organization and Bayfront Park Ithink we all can agree that his leadership in that organization is definitely a successful operation Its a model that quite frankly I wish we can duplicate in many of our venues in the City ofMiami And I want to commend our Chairman over therefor doing agreatjob as well in supporting Tim and his efforts because the organization just to see where it is and how well its doing and never really having to you know ask the City for anything really for the most part Iwanted to acknowledge the operation and your leadership as the chair over there One ofthe things 1 was concerned about and Iguess well deal with it later on but or we may not now was you know the decision around us issuing permits you know and then allowing the event coordinators to moveforward from the Bayfront Trustside ofit assuming that ofcourse Bayfront Trust had the right to make that decision Iwasjust concerned about and it seems like were moving away from it which Ina happy Idontwant it Iwould not avant to do anything to tie the organizationshands at all And it seems as though were not going down that road but that was one ofthe concerns 1 had After me getting briefed it was kind ofcommunicated that because ofthis situation that took place with the event that now we were going to be reconsidering Bayfront Parks powers to do business And we have to reward people that are doing great And Ijust wanted to make sure we werentgoing down that road AndIpersonally would not want to tie their hands and vote on something and say you know no its infinite that they this is the only year we can do it because its the 15th year 1just think thats a bad move for us to make We kind ofdid that with Burn Notice and then we end up having for at least two years people corning back andforth in front of the City Commission fighting to stay open or keep their production here because we made a commitment and quitefrankly it was difficult to adhere to the commitment So Ive learnedfrom that experience that Ithink that letssee how this year goes this yearfirst and then ifit goes well and we donthave any you know major issues then we reevaluate But 1 would not want to weigh in on a decision and say yes you can do it but you cantdo it next year especially if there was no issues Iknowfor a fact that theres Memorial Day weekend you know You didntmention that but I know thats a big event that Bayfront Park does downtown big Ithink its called Battle ofthe Best Biggest whatever You know the name ofthe event
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Tim And people come from all over the country there as well And any tine youre having a
major event where people are coming from all over and all different walks oflife yes you know you do have certain events that have more arrests butfbr the most part when you get a whole bunch ofyoung people in one place youre going to have these things take place So I dontIjust dontwant to tie your hands cause wouldrather us tie Tims hands or the boards hands I would like for that to come back And then I totally agree and that was going to be my recommendation as well that whileIsupport the men and women in blue Ithink that its extremely important to have fire and rescue out there Because ifanything for whatever reason happens you want to make sure somebodysthere to medically treat them So Iwould like to make sure that that 500 has theflexibility as apart ofyour original recommendation So that was my only issue with it Imean in any great thing that you do it takes courage and sometimes you just have to step out you know in order to you know see whether or not it works or not Andyou know Ithink that wejust have to at least give them the opportunity Ithink it sends the wrong message to start something with a group ofpeople to have them sign agreements and then all ofa sudden its like oh no you cantdo it AndIjust think thatsthe wrong message And not to mention 1 think its important We have a chairman over at the Bayfvont Trust and you know he works very hard over there And Ijust Idid not like the road this thing was going down because we dontImean we dontalways have to agree with each other sitting on this dais but we do have to be respectful to each otherand courteous And Ijust dontlike anything thatfeels remotely like were you know back Ijust dontlike the backbiting Idontlike that So you know and when something doesntgo the way we feel it should go it should not be you know Im going to you know deal with it another way you know Let thats that firstofall that sends the wrong message with us sitting up here That keeps us going at each other when we all have to work together Andjustimagine what kind ofmessage that sends to the public Itjust makes us look messy And Ijust you know I would hate you know Ijust again naypray is that prayer is that we get awayfrom that kind ofbehavior and not always when it not something that we feel comfbrtahle with or we feel good about the first step is were attacking each other Ijust think thatsa had move So with that being said I support the project happening here I support it because I do believe that it is a great economic boost Quite franklyrankly I think the City employees Fire and Police the additional revenue Im sure that they can use it And not to mention all ofthe people locally that would be hiredpart time or fulltime during that time to set up to break down to clean up I mean and a lot rfthose people quite frankly Pm going to he honest with you theyre going to be comingfrom my district so you know and 1 appreciate that We need you know the additional revenue thats going to be coming in during that particular time So with that being said those are the only two recommendations is to open it up to Fire Letsnot tie their hands Andplease Ido not want us to get into this thing where were divesting Bayfrontspower in any way fbr them to he able to operate Ithink that we need to continue to support people that do well Thatsnay comment
Chair Sarnoff All right Is there a motion
Commissioner Suarez So moved
Commissioner Carrillo I make a motion Well second
Vice Chair Gort Whats
Commissioner Suarez You want me to clarijiv the notion
Chair Sarnoff Whatsthe motion Yeah
Commissioner Suarez Which item are we on Cause Ithink we took both together
Commissioner Carollo Yeah hold on Mr Chair if would if7 may
City of Page 56 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff Yeah Youre were going to take the public discussion together and now youre going to make a motion
Commissioner Carollo Okay and Ijust want to verify with the City Clerk were going to make a motion on each one separately correct
Dwight S Danie City Clerk Yes
Commissioner Suarez So which one are we on first
Mr Danie RE5
Chair Sarnoff RE5
Commissioner SpenceJones But we are going to make sure that we were amending the original recommendations right Mr Chair
Chair Sarnof No Hesabout to state his motion
Commissioner Spence Jones Oh okay
Mr May Mr Chairman is it possible that Ive had time to talk to my client Is it possible that I respond to the conditions you putforth
Chair Sarnoff Oh Im sorry Go ahead
Mr May In talking with my clients my clients certainly understand you know the needfor payment with regard to police or whatever you as a Commission decide And so Ultra Music Festival will he willing topay the 500 000 In addition to that we certainly agree that this be a onetime exception for the twoevent Imean the twoweekend event But we would request your consideration that you know it he undertaken on a pilot basis andfor you to consider that Ifit thatsnot amendable we understand hut we would askfor that
Chair Sarnoff With the understanding that the request fOr the second weekend must come to the City Commission
Mr May Yes yes
Chair Sarnoft Is there a motion for that
Commissioner Suarez Yes Because I think what were talking about here is wait wait You want me to withdraw my motion
Commissioner Carollo Nn no Make the motion
Commissioner Suarez Because Ithink the well thefirst motion is on RE5correct And thats to support the street closure
Commissioner Carollo Hold yeah But ifyou vote it my and correct me if wrong If you vote one way on one youre going to vote the same way on the
Chair Sarnoff Idonteven know ifyou vote RE5up
Commissioner Suarez We shouldnthave
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Chair Sarnoff with these conditions you just let SI1 die
Commissioner Carollo Okay And let me speak to my colleague cause this is the only time that we have to
Commissioner Suarez Yeah yeah Iknow
Commissioner Carollo Listen it seems like they have agreed to everything that you wanted And now Im speaking to you Marc cause we cantspeak you know outside ofthis you know outside ofthe sunshine What I am saying is why tie our hands or limit ourselves Lets do a pilot program Lets see how it goes And I told you you have my commitment If its really that bad you know Im going to he thefirst one to say were not having a second weekend so
Commissioner Spence Jones And why is it coming hack infront ofus again
Chair Sarnoff No It comes back the next time
Commissioner Carollo He saying thefollowing year
Commissioner Suarez Yeah
Chair Sarnoff The following year
Commissioner SpenceJones Okay
Chair Sarnoff it comes hack to usfor an evaluation ofwhether it
Commissioner SpenceJones Oh evaluate
Commissioner Suarez Thatsfine
Chair Sarnoff should he two weekends again Im not
Commissioner SpenceJones Okay
Chair Sarnoff suggesting you have to come hack
Commissioner Suarez Yeah
Chair Sarnoff at interim
Commissioner Suarez Right
Commissioner Carollo Right
Chair Sarnoff You could have ten guests the firstweekend Your second weekends still going to happen and Ihope that doesnthappen
Mr May Thatsnot going to happen
Chair Sarnoff 1 understand Im not saying thatsgoing to happen But Im not suggesting your second weekends not going to happen All Imsuggesting is that this is being approved as a pilot project for yourfifteenth anniversary And ifyou choose to bring it hack the next time you have to bring it before the City Commission Ialso strongly recommend you do it as early as
City of Page 58 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Commissioner Suarez Before you start selling
Chair Sarnoff November
Commissioner Suarez tickets
Chair Sarnoff Yeah before you start
Commissioner Suarez Right
Chair Sarnoff selling tickets
Vice Chair Gort And by the way let me add a little something Ithink this discussion weve always like youve stated we disagreed hut discussions they always come out with good conclusions at the end 1 mean 1 dontthink were fighting each other or going after anyone
Commissioner Suarez Yeah
Commissioner Carollo Commissioner Gort
Vice Chair Gort I think were
Commissioner Carollo Ihave always welcomed discussion Ihave always welcomed debate Ihave always welcomed discussion Ive said it And let me tellyou something Ialways think that the outcome you know and realistically Ialways by to reach consensus and the outcome usually is betterfor the City ofMiami So by all means you know Ialways welcome the debate 1 also welcome the you know discussion But at the same time you know Im here talking to my colleagues and saying hey listen I dontmind it coming to this Commission again nextyear for a second time However Idontwant to limit it andjust you know say this is the only time youre doing a second event and thats it You know Ithink why limit ourselves What Iwant is you know lets evaluate Lets see
Chair Sarnoff Im not saying you dontevaluate What Im
Commissioner Suarez Asking
Chair Sarnoff Hereswhat happened Tickets
Commissioner Carollo Whatyou want is fbr it to come back here again
Chair Sarnoff Sure got sold
Commissioner Carollo Gotcha
Chair Sarnoff And then it was told to ine were going to sue you Really youre going to sue the City ofMiami because we didntapprove a second weekend
Mr May Who said that
Chair Sarnoff Oh that was said to me ad nauseum And Ididnt
Mr May Not by me Inever said it to you ever
Chair Sarnoff No no You didntsay it Brian but others have said it to me
City of Miami Page 59 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr May Ever
Chair Sarnaff were going to sue you And people in charge have said that to me And 1 was like You never tell a lawyer were going to sue you cause its like okay Its like tellinga truck driver youre going to drive a truck so what
Mr May Totally agree with that
Chair Sarnaff So what Im trying to do is 1 am Im saying you can have your weekend cause Idofeel hemmed in because771 have people here downtown even ifyou could try to stop them you couldntstop them all And Im saying lets evaluate it and bring it hack to this Commission because this Commission really governs Idontdeny that the Bayfront Trust UNINTELLIGIBLE as they say the apronway ofthe grass to the water is jurisdictionally predominantly their issue But when you spillover into Biscayne Boulevard you become the district Commissionersissue cause 171 be thefirst one to hear it and then you become the City Commissionsissue And as much as youdlike to say you know it is now up to 41 percent ofthe tax base ofthe City ofMiami exists in downtown Miami and I dont want to disturb that I dont want to affect that Ithink it will You know Im a tenant of one ofthose buildings and Icould tellyou this we are contemplating moving to Brickell because itsjust not worth it There may he others like me and there may not he others like roe
Commissioner Suarez Mr Chair
Chair Sarnoff Yes
Commissioner Suarez Ijust want to state the motion Its a motion to support the street closures with the 500000 for Fire and Police as weve all kind of agreed to and it coming back to this Commissionfar afurther evaluation before ticket sales get sold next year And the other things that they stipulated cause Ithink they stipulated some conditions that Ithink are important to he incorporated
Vice Chair Gort Theresquite afew conditions
Commissioner Carollo As the documents that they provided
Commissioner Suarez as adopting the documents that they provided with their stipulations of the remediations that theyve taken the remediation steps that theyve taken
Commissioner Carollo Second
Julie O Bru City Attorney Mr Chair
Commissioner Suarez Yes
Ms Bru Just to clarify
Commissioner Suarez Sure
Ms Bru The 500000 is aproffer that theyre making in recognition ofthefact that the event requires extraordinary police andfire services and that is in addition to the offduty that
Commissioner Carollo Right
Ms Bru theyre going to be separately procuring
City of Miami Page 60 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Commissioner Carollo Exactly because at the same time were using equip fire equipment andpolice
Ms Bru Right
Commissioner Carollo equipment and UNINTELLIGIBLE
Commissioner Suarez Theresa lot fancillary costs
Commissioner Carollo Right
Ms Bru Right Thankyou
Chair Sarnoff Madam City Attorney ifwe just extrapolate the number ofarrests from last yearsevent you wouldntyoudjust about be compensating
Mr May But
Chair Sarnoff that number So there is evidentiary record made to substantiate that halfa million dollars
Mr May Commissioner I would like to just put something on the record though that we would request that the motion state that this is this 500000 payment is a onetime payment okay As the two weekends are a onetime exception this is a onetime payment We certainly dont want to he saddled with this going forward And we would request respectfully that ifwe go for a second weekend next year that we have to come hack to get the traffic plan approved by this Commission We agree to that Were on board with that And thatsthe motion we would like to
see
Commissioner Suarez Yeah And
Chair Sarnoff As well as you will not sell or advertise the ticket sale for a second weekend prior to achieving City Commission approval
Mr May Yes and we agree to come before the City Commission prior to November 15
Commissioner Suarez Ithink thats in everybodysbest interest
Commissioner Carollo Yes
Commissioner Suarez So I will amend my motion to reflect that since it a oneyear approval the payment will be for one year and were going to do the evaluation and put everything into the evaluation at that time
Commissioner Carollo And the seconder accept and we can see about the payment then you know at that time when we evaluate and soforth So seconder accepts
Chair Sarnoff Motion and a second Any further discussion
Commissioner Spence Jones Idontknow ifMr Barret has a discussion Hespulling him far
a reason
Commissioner Carollo Mr May Were about to take a vote
City of Miami Page 61 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr May We have one minor snafu In the event that next year the Festival decides they do not want to do a second weekend okay they want to be able to presale tickets prior to November 15
Commissioner Suarez For thefirst weekend
Commissioner Carollo For just the
Commissioner Suarez Of course
Mr May For the only weekend
Commissioner Suarez Of course
Mr May Right
Commissioner Suarez Yeah 1 dont
Mr May So
Commissioner Suarez think thatsan issue
Commissioner Carollo Thats not an issue
Chair Sarnoff So youre saying regardless ofthe outcome ofhow this goes theyre always going to get aweekend
Commissioner Suarez Well they always have had a weekend far 15 years
Chair Sarnoff So therell never be an evaluation done by this Commission
Commissioner Suarez Well ifthey ask usfor the FDOT Florida Department ofTransportation approval there will he
Commissioner Carollo We still can But the reason for the evaluation is to allow them for a second weekend a second year you know That we can still do an evaluation But 1 think in
essence
Commissioner SpenceJones The evaluation isntabout thefirst year sic Ithought the evaluation was about
Commissioner Carollo Right Its about asecond
Chair Sarnoff Commissioner Gort
Vice Chair Gort Once we have the evaluation they would have to come to you even ifit was for one week they would have to come to Bayfront Park
Commissioner Carollo Absolutely
Vice Chair Gort Okay so they cannot presale before they come to you
Commissioner Carollo Absolutely They have to
Mr May No We would never do that
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Commissioner Carollo they still have to come to Bavfront Park
Vice Chair Gnrt All right okay
Commissioner Suarez Okay
Chair Sarnoff All right
Commissioner Suarez So theresscrutiny on the whole process
Commissioner SpenceJones Call the question
Chair Sarnoff All right so
Commissioner Carrillo There is scrutiny
Chair Sarnoff all infavor please say aye
The Commission Collectively Aye
Chair Sarnoff Thank you
Commissioner Carollo Congratulations
Mr May Thankyou very much Mr Chairman
RE6 RESOLUTION
12 00201
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Attorney ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS CANCELING AND TERMINATING THE LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERSHIP LTD INCLUDING TERMINATION AND CANCELLATION OF THE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS LTD TRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL PROPERTY TO THE CITY OF MIAMI ASSIGNING ALL EXISTING COMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF MIAMI RELEASING OLYMPIA BUILDING PARTNERSHIP LTD OF ALL COVENANTS CONDITIONS AND OBLIGATIONS ARISING UNDER THE LEASE SATISFYING LEASEHOLD MORTGAGES AND ACCEPTING THE TRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA BUILDING PARTNERSHIP LTD IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP LTD IN THE CASE OF CITY OF MIAMI VS OLYMPIA BUILDING PARTNERSHIP LTD PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI DADE COUNTY CASE NO 0328667 CA 27
12 00201 Memo Office ofthe City Attorneypdf 12 00201 Legislationpdf 12 00201 Exhibit 1pdf
City of Miami Page 63 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Motion by Commissioner Suarez seconded by Commissioner Spence Jones that this matter be CONTINUED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
RE7 RESOLUTION
12 00363
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM FORA FIFTEEN 15 YEAR INITIAL TERM WITH UP TO THREE 3 FIFTEEN 15 YEAR TERM OPTIONS TO RENEW WITH OLYMPIA CENTER INC A FLORIDA 501c3 NOT FOR PROFIT ORGANIZATION FOR THE ADMINISTRATION OPERATION AND MANAGEMENT OF THE AFFORDABLE HOUSING RESIDENTIAL RENTAL TOWER AND RELATED AMENITIES
INCLUDING RETAIL SPACES OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET MIAMI FLORIDA 33131 FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER CONTRACTS DOCUMENTS AND AGREEMENTS INCLUDING LEASES FOR SAID PURPOSE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN COMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986 AS AMENDED THE CITY OF MIAMIS OBLIGATION UNDER THE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMIS HOMELAND DEFENSE NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM
12 00363 Summary Formpdf 12 00363 Legislation Version 3pdf 12 00363 Exhibit 1pdf
SPONSORS HONORABLE MAYOR TOMAS REGALADO
VICE CHAIR MARC SARNOFF
DEPARTMENT OF PUBLIC FACILITIES
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be CONTINUED PASSED by the following vote Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
RE8 RESOLUTION
12 01419
Office ofManagement A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING and Budget APPROPRIATIONS RELATING TO THE GENERAL FUND AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2012 2013 PURSUANT TO RESOLUTION NO 120361 ADOPTED SEPTEMBER 27 2012 FOR THE FISCAL YEAR ENDING SEPTEMBER 30 2013 12 01419 Summary Formpdf 12 01419 Pre Legislation Certified Copypdf 12 01419 Legislationpdf
City of Miami Page 64 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Motion by Commissioner Suarez seconded by Commissioner Carollo that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote
Votes Ayes 3 CommissionersGort Sarnoff and Carollo Absent 2 Commissioners Suarez and Spence Jones
R130014
Chair Sarnoff All right were backfrom adjournment sic We are going to take up the afternoons agenda I believe gentlemen that we left offwith RE8 RE8
Daniel Alfonso Good afternoon Commissioners Danny Alfonso Budget director City of Miami Itskind oftoo bad that the police guys left cause Iwas actually going to borrow one of the suits that they were showing out there to see ifthat would help maybe Idontknow
Chair Sarnoff One ofthe bombproofsuits
Mr Alfonso Yeah That would have heen kind ofcool actually Anvways this is a budget amendment The items in this amendment you have seen for the most part or Ive talked to you about them in the past The budget is going in the generalfund were amending only the 25000 that were adding to the special eventfund Were taking it out ofthe nondepartmental reserve and putting it to the line item that is the special events The overall budget is not changing at all Itsjust a line item change The other changes that were making to the budget are in the special revenuefunds area We are increasing the overall special events Im sorry the overall special revenue funds by a total Pike around 16million and its broken down into three pieces One ofthem and the largest is the Law Enforcement Trust Fund Were adding 1172 million to be usedfor Law Enforcement Trust Fund related activities such as cars support ofthe Police Athletic League Do the Right Thing et cetera Whatever those funds can be usedfor were making them available That money is already in the hank We just hadntput it into the appropriation because at the time the budget was prepared it wasntready to go The other change that were making is in the Building Department Ifyou recall last year we established an account that was for doing demolitions in areas that are not eligiblefor NSP Neighborhood Stabilization Program or CD Community Development dollars CDBG Community Development Block Grant We created afund with 200 000 ofgeneral fundfor seed money And then the liens we replenished thatfimd We collected 360 000 from that activity We need to appropriate that money so that activity for demolitions can continue in the targeted areas And lastly were adding 150000 to the special revenue budgetfor the item that was approved last week with the recycling last meeting with the recycling contract The vendors paying the City 150000 to be usedfor communications and program in the community to increase recycling et cetera Iwanted to point out that on that whereas clause there is a typo Itlists resolution number 12 0521 Itis actually 120501 adopted on December 13 2012 and that was a typo on the item Iwant to make that correctionfor the record
Chair Sarnoff All right
Mr Alfonso That thatswhat
Chair Sarnof Is there a motion
Commissioner Suarez So moved
Chair Sarnof We have a motion by
Vice Chair Gort Second
Chair Sarnoff by Commissioner Suarez
City of Miami Page 65 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Commissioner Carollo Second Discussion
Chair Sarnoff second by Commissioner Carollo Any discussion gentlemen
Commissioner Carollo Yes Mr Chairman
Chair Sarnoff Commissioner Carollo is recognized for the record
Commissioner Carollo Thank you Mr Chairman Andjust real quick with regards to the 150 000for Solid Waste Ijust want to make an emphasis that you know I would like to make sure that those funds you know get distributed you knoiv equally you know citywide So you know in District 3 we have issues and Ive spoken about it before Ive spoken to the Manager Ive spoken it on Commission meetings with regards to you know trash And a lot ofthat trash is you know bottled you know bottles that are plastic and Coke cans and stuff like that that are thrown out as trash So part ofthat marketing campaign and soforth definitely needs to reach Little Havana in District 3
Mr Alfonso Clearly all that Ive been told is that it is for citywide projects Its not
Commissioner Carollo Well like Isaid
Mr Alfonso for any specific area
Commissioner Carollo Iwant to go that other step so its not a free for all And next thing you know there is no money left over for Little Havana So Ijust want to make it clear that you know we snake the citywide but truly citywide so you know Little Havana which have had issues also gets a piece Okay
Mr Alfonso Okay
Commissioner Carollo Thank you
Chair Sarnoff Commissioner Gort youre recognized for the record
Vice Chair Gort Danny how you doing Question I know we been receiving the monthly reports You dontsee any bearingsfrom ourprojections in the first month ofthe
Mr Alfonso In the first okay this is not what we were to discuss
Vice Chair Gort Right right
Mr Alfonso Thatsin the next month the next agenda meeting But Ill say thatfor thefirst two months ofoperations we have not seen anything that is extraordinarily out ofthe realms or anything like that There are some items that are posting errors and things like that hut were as we observe those we work with the departments to correct those and you know
Vice Chair Gort All right Thank you
Mr Alfonso Obviously like Itold you last month when we met we do have the issue with FIPO Firefighters and Police Officers that for the pension and those kinds ofthings At the end of this month well have a report that maybe talks about otherpossible issues that are out there but
Vice Chair Gort okay
City of Miami Page 66 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr Alfonso nothing at this point
Chair Sarnoff Any further
Vice Chair Gort Thank you
Chair Sarnoff discussion All infavor then please say aye
The Commission Collectively Aye
RE9 RESOLUTION
12 00961
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Purchasing ATTACHMENTS ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSALS RFP NO 287252 THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWING SERVICES FOR POLICE FIRE DISPATCHED TOWING AND WRECKER SERVICES FOR PRIVATE VEHICLES AND TOWING OF CITY OWNED LEASED OR RENTED VEHICLES FOR THE DEPARTMENTS OF POLICE AND GENERAL SERVICES ADMINISTRATION ARE NU WAY TOWING SERVICE INC KINGS WRECKER SERVICE INC DOWNTOWN TOWING COMPANY FREEWAY TOWING OF MIAMI INC MOLINATOWING INC TED STANS TOWING SERVICE INC BANOS TOWING SERVICES CORP MIDTOWN TOWING OF MIAMI INC SOUTHLAND THE TOWING COMPANY INC AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWINGWRECKER AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORMS WITH SAID FIRMS FOR A PERIOD OF THREE 3 YEARS WITH THE OPTION TO RENEW FOR TWO 2 ADDITIONAL ONEYEAR PERIODS ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM USER DEPARTMENTS AND AGENCIES AUTHORIZING SAID SERVICES AS NEEDED SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED
12 00961 Summary Formpdf 12 00961 Award Recommendation Formpdf 12 00961 Memo Towing Srvcs Citywidepdf 12 00961 Evaluation Committee Towing Revenuepdf 12 00961 Detail by Entity Namespdf 12 00961 Addendum No 4pdf 12 00961 Request for Proposalspdf 12 00961 Sourcingpdf 12 00961 Legislationpdf 12 00961 Exhibit 1pdf
Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be INDEFINITELY DEFERRED PASSED by the following vote
Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones
Chair Sarnoff RE9
Kenneth Robertson Good afternoon Commissioners Kenneth Robertson Purchasing director
City of Miami Page 6 Printed on 2122013 City Commission Meeting Minutes January 10 2013
RE9 is a resolution ofthe Miami City Commission awarding nine contractsfor the provision of towing and wrecker services In response to the Commissionsdirection to hold a public towing workshop on Friday December 14 we hosted apublic sunshine meeting at the police college and had a very interesting discussion with all nine towing companies The heartofthe issue really is regarding the differences between this towing contract which in itself is a qualification mechanism to hire the towing companies versus then our towing ordinance which establishes the maximum rates that theyre allowed to chargeforprivate tows and police tows We received some information backfrom all nine companies regarding the rates that they would like to charge in contradiction to the rates that are currently in the ordinance A great majority ofthe companies would like to see the City come into compliance with the County rates The County has a similar structure ofprivate tows andpolice tows but their rates are identical for both sections The Citys ordinance rates are very different between the two In general the percentage increase to the rates are between 40 to somewhere 120 or sopercent increase Theresreally not a way to agree to negotiate with the companies for this contract unless we do something with the towing ordinance rates because all ofthe companies expressed discontent with the rates as are currently in our code So we need direction from the Commission Doyou want us to bringforth an ordinance that would bring our rates into compliance with the County rates I have somefactsfor you in terms offuel costs The last time the Citys towing rates were increased were in February of2010 Ipulled the CPI consumer price index forfuel for that month and compared it to the most recently published consumer price index forfuel And since that time theresbeen a2814percent increase that is directly attributable tofuel costs since February of2010 The towing companies have had to continue to provide the same services and eat an increase in fuel costs of2814percent That needs to be reflected somehow in the towing rates in our ordinance We have not adjusted the rates at all in three years And frankly most ofour contracts that have anyfuel consumption will have an adjustment escalation clause relative to CPI index forfuel
Chair Sarnoff All right
Vice Chair Gort IfIrecall I think that was infront ofus that they wanted an increase And at that time we did not adopted sicj 0 Ithink we should look at the what other cities what are the charges and whatsnormal in the industry because were requiring quite a bitfrom them at this time And this new RFP Requestfor Proposals were asking to put upfront 25000 and 50000 and so on
Mr Robertson Correct The terms ofthe RFP are what they are Were not suggesting to change those Iwould recommend a comprehensive analysis oftowing rates in the area Idont think its unreasonable to bring our rates up into compliance with the County rates Ifyou look at the percentage increase ofsome ofthose line items though it is excessive But thats where we are We have a contract that we can approve we could approve but those are bound by the rates that are in our ordinance And unless we deal with thatfirst or at the same time were going to be in a conflictingposition with our towing companies
Vice Chair Gort Got you
Commissioner Carollo Mr Chairman
Chair Sarnoff Commissioner Carollo is recognized
Commissioner Carollo Illyield to Commissioner SpenceJones
Commissioner SpenceJones Thank you 1just had a couple ofquestions then 1 want to thank the procurement director We had a pretty good briefing Itwas actually my realfirst one that I had with you So I really wanted to really wantedyou to kind ofaddress I know at the end of the day Ireally wantedyou to kind ofaddress what your concerns were regarding the process I
City of Miami Page 68 Printed on 2122013 City Commission Meeting Minutes January 10 2013
know that we talked about in our meeting as you stated earlier the issue is the ordinance and we do have to address the issue ofthe ordinance And part of in our briefing in our discussion you talked about some ofthe companies didntreally have a issue with what was coming out ofthe RFP or out ofthe proposal but some ofthem would clearly have an issue meaning these smaller businesses would be most likely put out ofbusiness or not be able to sustain themselves because of this overall contract So my question for you And I understand Mr City Manager we this is something that we just Iknow we need to get done You know Ive been this thing has been lingering onfor a minute but Iwanted to know Idontwant want to snake sure whatever decision we make were notjust making it because its a rash decision Ifwe need to put things in order or restore order you know to this process fir whatever reason Ithink that we should consider that But Idontwant us to be in a situation where we pass something we vote on it and quite frankly its going to hurt the companies the smaller companies that are involved And we and Iknow weve given you a mandate so I see yourface And that is find ways to make money or to increase the revenue but Idontwant to do it at the cost ofputting people out ofthe out ofhusiness So my question becomes from you Mr Manager and you at the end ofday 1 know how youfeel about things I mean youre going to make sure you do everything by the book and make sure that it right and you protect the City But at the same time I know that there is a concern with this process needs to really he relooked at So Iwanted to kind ofhear from you in regards to this issue
Johnny Martinez City Manager We put the contract nut Obviously the vendors hid on it so theyfelt they can do thejob fir the rates that were in the ordinance Having said that there is there has been a workshop that has taken place where it was attended by all the towing companies and a Commissioner and Ken sponsored the meeting A lot ofdiscussion took place but it all boiled down to changing the rates that are allowed per the ordinance And like Ken said Ithink were one ofthefew cities that doesnthave the index to adjust the rates asfuel a fuel index so as fuel goes up you apply that multiplier to it and the rate gets adjusted So
Commissioner SpenceJones Right But Ithink but is Mr Manager that Imean that is something that we can address as a City Commission though correct
Mr Martinez Yes absolutely
Commissioner SpenceJones So
Mr Martinez We will bring back changes or suggested changes to the ordinance include a rate an index finfiletand that could adjust it But we may need to adjust the base amount to begin with anyway the rate plus the an index for fuel as if it skyrockets tomorrow
Commissioner SpenceJones But do you see any objections I mean with us holding offon this process Imean Iwant to respect what the procurement director is bringing to the table
Mr Martinez Well ifwe hold off on it Iwould like to bring back an ordinance as quickly as possible to the Commission and maybe its the right thing to do to have it both come before you hand in hand the ordinance and the approval ofthis contract
Commissioner SpenceJones Okay And again Im you know Im respecting whatever our procurement directors brought to the table as an issue or a concernfor us to address andIjust dontwant to vote on an item knowing that its going to create a problem
Mr Martinez Itwontcreate a problem Ijustwould like to speed up bringing the ordinance before the Commission with the you know correct information the correct advice as far as the index rates and the rates that the County has so we can kind ofmirror whats going on up around
us
City of Miami Page 69 Printed on 2122113 City Commission Meeting Minutes January 10 2013
Commissioner SpenceJones Okay no problem Thank you
Commissioner Carrillo Mr Chairman
Commissioner Suarez Mr Chair
Chair Sarnoff All right Commissioner Carollo is recognized then well go to Commissioner Suarez
Commissioner Suarez Thank you
Commissioner Carollo Thank you Mr Chairman First ofall thank youfor having the workshop with all the different towing companies Ithink they were all present or they have some representation What Idid see however you know in all fairness and I met with a lot ofthe towing companies and they had different ideas or suggestions that Ithink in the workshop you know it really didnttake center stage or it wasntspoken about too much 1 think what took center stage was just raising up the rates And lets not kid ourselves In the past this Commission has not been veryfriendly at you know raising any rates So you know I was
hoping theredbe more of a consensus on some ofthe other issues that you know or resolutions or solutions that they brought up and Ill name a few ofthem One ofthem was I think clearly stated here in Commission meeting which was pirate towing hut there were some other ones like nine zones And some ofthe companies that are paying the highest amounts you know will get special events towing services So there were some other you know good suggestions that camefrom the towing companies themselves that Iwould like to you know explore especially with them and see iftheresa consensus because you know it all sounds great and you know we could he all laughing or smiling now but come hack to Commission you know the history has been this Commission has not necessarily been ton in favor ofraising any rates So you know weve been a very conservative Commission So Ijust want to put that for the record so it doesntget anyone offguard And so there is more dialogue so you know hopefully we can come up with consensus just not one on one remedy which is raising rates but various ones And Ithink there was a lot ofgood suggestions that were put out there and it was actually by the towing companies Thank you
Chair Sarnoff Commissioner Suarez
Commissioner Suarez Thank you Thank you sir Thankyou Mr Chair Yeah in the last Commission meeting Italked about kind ofdovetails offwhat Commissioner Carollo said in terms ofthe rogue towers but not only making sure that they donttow inappropriately in azone that theyre not supposed to tow hut also having some sort ofenforcement mechanism or some sort ofafine for rogue towers that are caught doing that and that as a way to generate revenue for the City ofMiami So ifwere looking at ifthe decisionfor us is generating revenuefar the City ofMiami versus potentially like Commissioner Spence Jones said putting people out of business ifwe can get the same or equivalent amount ofrevenue justfirorn enforcing our laws and making sure that there arentrogue towers in different zones Iwouldprefer that cause as Commissioner Carrillo said Ithinkwe may have even Iknow weve talked about it in briefings about raising the towing rates and 1 dontthink that there was ever it never came 1 dont know if it ever came to the Commission or if we actually vote against it Did we actually vote against it Ithink once
Mr Robertson Yes There was an ordinance thatPilled in September 2010
Commissioner Suarez So we actually voted against it This entire Ithink maybe the same exact Commission with maybe the exception ofone person So weve already kind ofexpressed a policy decision on that issue But I think you know part ofwhat I thought the symposium was going to be about was being creative and thinking outside the box and seeing because Ithink
City of Miami Page 70 Printed on 2122013 City Commission Meeting Minutes January 10 2013
there seems to be two class oftowers Thereslike the you know class oftowers that have more you know kind offinancial ability and the class oftowers that dontAnd so you know I think we got to try to strive tofind a way to make everyone happy so that you know were not like Commissioner Spence Jones said putting people out ofbusiness or you know creating a situation where were eliminating a bunch of competitors Thank you Mr Chair
Chair Sarnof Anyone else wish to he heard Can 1 ask a question Has anybody ever done an analysis For those that are towed what percentage are City ofMiami residents versus what percentage are commuters
Mr Robertson I have not I would have to defer to Policefor towing statistics
Chair Sarnof Could we get that because You know we talked about a commuter tax 1 mean if 75 percent or 80 percent ofthe people being towed are notfrom the City of Miami why not raise the rate and why notfind solutionsfor people who are coming in with their carsfrom out oftown or not in the City ofMiami and why not allowing us to make more revenue at this
Manuel Orosa Chief ofPolice We do not have that information handy but we can go back and go through the tow slips andfind out the address ofthe individuals
Chair Sarnof Were not computerized on that
Chief Orosa Actually thats all done by hand
Chair Sarnof Wow
Chief Orosa We can figure it out and Ican in the next week or so we can send the information to you
Chair Sarnoff Justforensically meaning and you know even ifwe did 20 percent over the lastjive years just give us
Chief Orosa Well go hack afew months and give you a percentage ofwhat wefind
Chair Sarnoff Commissioner Gort
Vice Chair Gort Well my understanding
Chief Orosa I71 make aphone call now Maybe by the end ofthe Commission meeting we can
Commissioner Carollo Yeah Give it to Junior
Chair Sarnof No Ithink Juniorsover there Itll never happen
Vice Chair Gort Chief dontgo away Let me ask you a question We have certain amount of industry that UNINTELLIGIBLE respond to RFP and they get licensed by the City ofMiami But then you have independent towers takes car away My understanding is anyone that tows any car they got to inform thepolice that the car is being towed Am Icorrect
Chief two Correct
Vice Chair Gort Okay
Chief Orosa As ifan officer responds we contact the rotation wreckers for the area and do
City of Miami Page 71 Printed on 2122013 City Commission Meeting Minutes January 10 2013
that
Vice Chair Gort That part Iunderstand
Chief Orosa But if as a private citizen decide that you want your car towed you can call anybody you want
Vice Chair Gort Thatsthe one Iworry about But at the same time they have to report it to the police Do we chargefor that
Chief Orosa We get the report if the owner does not authorize the tow For example you park the car where youre not supposed to
Vice Chair Gort Right
Chief Orosa the car is going to get towed We get the report And the report is so that we understand that its not a stolen car its a towed car
Vice Chair Gort Right Theyll callyou and then okay
Chief Orosa Okay
Vice Chair Gort Cause Iremember and Ithink it was September there was an excessive but Ithink the increase needs to he to keep up with the industry the way it is right now
Commissioner SpenceJones Ijust had one question chief Iknow one ofthe things that came upjust in general Any time these accidents takeplace or these major busts take place does the whole 1 mean the entire police staffunderstand and know that they are to only call these individual towing companies that have contracted with the City Because I know that that was one ofthe issues that came up in our briefing that some ofthe officers and just want to make sure that they understand that Ijust
Chief Orosa Our policy is that the owner ofvehicle can request anybody they want hut if our tow trucks arrive there ours 1 mean the ones under contract before the private request theyre going to go get towed by our tow trucks And our officers understand that our policy is that we ifwe request a wrecker
Commissioner SpenceJones It has to he somebody fom that
Chief Orosa its going to be one ofour own They cannot show up and say ifyou want a wrecker call this guy that is afriend of mine Thats a nono Thats against our policy and they can get in trouble over that
Commissioner SpenceJones Okay Ijust wanted to make sure cause that was one ofthe things that came up in our briefings with our with some ofthe other towing companies that on several different occasions the officers will call companies outside ofwhoson the list but maybe some ofthose individuals are getting confused that maybe its the private people that are actually calling them
Chief Orosa Correct
Commissioner SpenceJones 1 dontwant to dispute whether or not its officers or not 1 want to make the assumption that the officers are doing the right thing
Chief Orosa And if there is a tow truck company that thinks that the officer did something
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wrong by all means bring it to our attention
Commissioner Spence Jones Great
Chief Orosa Well investigate And ifthe officer did anything wrong theyllbe disciplinedfor it
Commissioner SpenceJones Okay Thankyou chief And then my last question just adding onto it Johnny Iagree with Commissioner Suarez and Commissioner Carollo Iunderstand the feeling about the whole increase of you know rates Ithink Commissioner Chairman Sarnnff made a good point about you know well how many ofthese people are actuallyfrom the City or coming somewhere else So its not like its something thats directly affecting a local City ofMiami taxpayer But my question was I think the difference isfrom now from the prior time ofthis it was never this 25 000fee okay So now were putting on top ofthat an additional and mind you Ithink that you should be paying thefee cause we quitefrankly need the dollars in the City so Im not disputing that But now you have the 25000 nowyou also have on top ofthat the increase infuel thats taking place So there are a lot ofother things that are going into the play in this whole situation so Ijust want to make sure that were considering it all So based upon what youve heardfrom each one of us Mr City Manager is it the thought to you know are you open to
Mr Martinez Iwould like to give it a try even though it may not he welcomed very warmly to make a recommendation to at least have an indexfor thefuel and maybe modestly raise thefee in line with other areas around us
Commissioner SpenceJones But are you saving this can come back to the City Commission again
Mr Martinez The ordinance But we can wait and do this together
Commissioner SpenceJones Okay So
Mr Martinez Itsnot like
Commissioner SpenceJones So basically were asking at this point now Im assuming that everybodysin agreement that were deferring this item And Iguess well weigh on it more the next time before it comes back Correct
Mr Martinez Right But iftheresnot an appetite at the end ofthe day to raise the fee and then were and we got to make a decision on the contract hecause we have thefee and weve structured that
Commissioner SpenceJones Right 1 think it wasjust not only thefees Based upon what Im hearingfrom my fellow Commissioners there night be some additional things
MrMartinez Yeah hut
Commissioner SpenceJones that they want to address as well
Mr Martinez to minimize thepirating so that more revenue comes to the more tows comes to the towers and therefore they have more revenue
Commissioner SpenceJones So were justgoing to do a continue with our month to month for now
Mr Martinez Yes
City of Page 73 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Commissioner Suarez Andalso Mr Chair ifI may just looking at other avenues to raise revenue through towing In other words you know if we have apirate if we pull over apirate tower is there any sort ofenforcement mechanism that we can create cause were penalizing had behavior rather than you know penalizing our residents by increasing rates or whatever you know which So thats you know I think thats where the tension comes in I think were much more inclined to do something that wouldpenalize bad behavior than we would necessarily to our residents
Mr Martinez Let me yeah let us give us a chance to do a comprehensive
Vice Chair Gort Do an analysis
Mr Martinez package
Chair Sarnaff All right Do we what is the exact action we need to take Mr Clerk 1s it
Dwight S Danie City Clerk Its a deferral
Chair Sarnoff Because Idontknow ifthis is coming back or ifsomething else is coming back So
Mr Danie Well you would want to defer this item and then we put another item on an ordinance on the agenda
Chair Sarnoff Oh I sorry
Mr Dante Is it too late for that
Chair Sarnoff Letsjust do a real quick Governor lets just do a motion to defer and then well take you up So is there a motion to defer
Vice Chair Gort Move it
Commissioner Suarez Moved to defer
Commissioner Carollo Second
Mr Dante I didnthear
Chair Sarnoff Motion to defer
Mr Dante Right Who
Chair Sarnoff by Carollo
Mr Danie Okay
Chair Sarnof seconded by Gort
Mr Dante Thank you
Commissioner Suarez How long
Chair Sarnof All
City of Miami Page 74 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Commissioner Carollo To what meeting
Chair Sarnoff To how long do you need Mr Manager
Commissioner Suarez Two months three months
Mr Robertson Iwould recommend that you defer indefinitely until the second reading ordinance is on the agenda
Chair Sarnoff Ilike that
Commissioner Suarez Thatsfine Indefinitely
Chair Sarnoff Maker accept
Commissioner Suarez Yes
Commissioner Carollo Ithink he would
Vice Chair Gort Yes
Commissioner Carollo Yeah And we all accept to defer indefinitely
Chair Sarnoff All right
Commissioner Carollo So yes Whoever the maker is
Mr Danie Thatsfine
Chair Sarnoff All infavor please say aye
The Commission Collectively Aye
RE10 RESOLUTION
12 01427
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CANDACE JONES SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440 FLORIDA STATUTES THE TOTAL SUM OF 50100 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ITS OFFICERS AGENTS AND EMPLOYEES WITHOUT ADMISSION OF LIABILITY UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI ITS PRESENT AND FORMER OFFICERS AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS ALLOCATING FUNDS FROM ACCOUNT NO 05002301001524000000000000
12 01427 Memo Office ofthe City Attorneypdf 12 01427 Memo Financial Signoffpdf 12 01427 Legislationpdf
Motion by Vice Chair Gort seconded by Commissioner SpenceJones that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 CommissionersGort Samoff Carollo Suarez and Spence Jones
City of Miami Page 75 Printed on 2122013 City Commission Meeting Minutes January 10 2013
R130015
Chair Sarnoff RE10
Julie O Bru City Attorney Mr Chair members ofthe Commission RE10 is resolution that wouldauthorize the settlement ofa claim It is a workers compensation claim And we have briefedyou individually on this matter
Vice Chair Gort Move it
Commissioner SpenceJones Second
Chair Sarnoff We have a motion by Commissioner Gort second by Commissioner SpenceJones Hearing Any discussion No discussion Allinfavor please say aye
The Commission Collectively Aye
RE11 RESOLUTION
12 01459
Department ofCapital A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Improvements ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A Program COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMIDADE COUNTY IN SUBSTANTIALLY THE ATTACHED FORM FOR THE VIRGINIA KEY BIKE TRAIL BUILDING PROJECT B30995 12 01459 Summary Formpdf 12 01459 Legislationpdf 12 01459 Exhibit 1pdf
Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130016
Chair Sarnoff Okay RE 11
Mark Spanioli Good afternoon Commissioners Mark Spanioli CIP Capital Improvements Program director RE11 is a resolution to execute a covenant running with the land in favor of MiamiDade County for the Virginia Key hike rental building at the Virginia Key This is for the installation ofa septic tank in conjunction with the new project
Vice Chair Gort Move it
Chair Sarnoff We have a motion by Commissioner Gort Is there a second
Commissioner SpenceJones Second
Chair Sarnoff Second by Commissioner Suarez Arty discussion Hearing no discussion all in favor please say aye
The Commission Collectively Aye
City of Miami Page 76 Printed on 2122013 City Commission Meeting Minutes January 10 2013
RE12 RESOLUTION
12 01421
Department ofCapital A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Improvements ATTACHMENTS ADDING CAPITAL PROJECTS APPROPRIATIONS TO Program THOSE LISTED IN RESOLUTION NO 120498 ADOPTED DECEMBER 13 2012 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS
12 01421 Summary Formpdf 12 01421 Legislationpdf 12 01421 Exhibit 1 SUBpdf 1201421 SubmittalAmend ments pdf
Motion by Commissioner Suarez seconded by Commissioner Carollo that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130017
Chair Sarnoff RE12
Mark Spanioli Good afternoon Commissioners Mark Spanioli CTP Capital Improvements Program director RE12is our standard capital appropriations item We do have a floor amendment and Ini going to pass it around now The floor amendment is as follows We have for District 2 we have an adjustment to one of the item Theres a transfer of 150000from the Quality ofLife B39910 to the Blanche Park Master Plan Improvements B75830A That was for District 2 District 3 has three transfers One ofthem is transfer of36212171from B30020A to a new project Citrus Grove Roadway Improvements B 3049 30749 excuse me Transfer of 7447084from B30020B to the new Citrus Grove Roadway Improvementproject 30749 And transfer of12019845from B 30020C to Citrus Grove Roadway Improvements B30749 And if you have any questions related to the other items Pm happy to answer them
Chair Sarnoff Is there a motion We have amotion by Commissioner Suarez
Vice Chair Gort Second
Commissioner Carollo Second
Chair Sarnoff Second by Commissioner Carollo Any discussion Hearing no discussion all infavor please say aye
The Commission Collectively Aye
Mr Spanioli Thank you
RE13 RESOLUTION
12 01424
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire Rescue RECEIVED JUNE 22 2012 PURSUANT TO INVITATION FOR BIDS NO 315279 FROM ALL FLORIDA CONTRACTING SERVICES LLC THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE GENERATOR REPLACEMENT AT FOUR 4 FIRE FACILITIES FOR THE
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DEPARTMENT OF FIRE RESCUE IN A TOTAL AMOUNT NOT TO EXCEED 518617 ALLOCATING FUNDS FROM THE FOLLOWING FIRE ACT GRANT ACCOUNT CODE NUMBERS PTAEO 18 180020021672 EQUIPMENT IN AN AMOUNT NOT TO EXCEED 128632 19 180020021678 EQUIPMENT IN AN AMOUNT NOT TO EXCEED 32158 AND ALLOCATING FUNDS FROM THE FOLLOWING UASI GRANT ACCOUNT NUMBERS PTAEO 18180022 0102011731 EQUIPMENT 181000 IN AN AMOUNT NOT TO EXCEED 32000000AND 4072802051105 EQUIPMENT IN AN AMOUNT NOT TO EXCEED 37827 12 01424 Summary Formpdf 12 01424 Tabulation of Bidspdf 12 01424 Addendum No 2pdf 12 01424 Performance Payment Bondpdf 12 01424 Addendum No 1pdf 12 01424 Invitation for Bid Generator Replacementpdf 12 01424 Certification Statementpdf 12 01424 KOHLER Generatorspdf 12 01424 Local Business Tax Receiptpdf 12 01424 KOHLER Power Systemspdf 12 01424 Legislationpdf
Motion by Commissioner SpenceJones seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gott Sarnoff Carollo Suarez and Spence Jones
R130019
Chair Sarnoff Okay RE13
MauriceKemp Good afternoon Maurice Kemp Fire Chief RE13 is a resolution ofthe Miami City Commission accepting the hid submitted by Florida Contracting Services LLC Limited Liability Company pursuant to invitationfor hid number 315279 for a generator replacement atfour fire facilities
Commissioner SpenceJones So moved
Commissioner Suarez Second
Commissioner Carollo Second
Chair Sarnoff That was a motion by Commissioner SpenceJones second by Commissioner Carollo Any discussion Hearing no discussion all infavor please say Lhe
The Commission Collectively Aye
ChiefKemp Thankyou
RE14 RESOLUTION
12 01013
Department ofCapital A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Improvements ATTACHMENTS ACCEPTING THE BID RECEIVED AUGUST 23 2012 Program PURSUANT TO INVITATION TO BID ITB NO 11 12027 FROM FHP
City of Miami Page 78 Printed on 2122013 City Commission Meeting Minutes January 10 2013
TECTONICS CORP THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE MUSEUM PARK BAYWALK AND PROMENADE PHASE II AND III PROJECT B 30538 IN THE AMOUNT OF 855362068WHICH INCLUDES 761887654 FOR THE SCOPE OF WORKAND 93474414 FOR SELECTED ADD ALTERNATE ITEMS FOR PHASE II AND III PLUS A TEN PERCENT 10 OWNER CONTINGENCY AMOUNT OF 85536207 FOR A TOTAL NOT TO EXCEED AWARD VALUE OF 940898275 ALLOCATING FUNDS IN THE AMOUNT OF 285015375FROM CAPITAL IMPROVEMENT PROJECT NO B30538 AND B30538S FUNDS IN THE AMOUNT OF 1143000 FROM A FLORIDA INLAND NAVIGATION DISTRICT FIND GRANT FOR THE MUSEUM PARK BAYWALK AND FUNDS IN THE AMOUNT OF 5415829 FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY PROJECT NO 92686001 WHICH INCLUDES THE MATCH TO THE FIND GRANT AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE ATTACHED FORM CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS FOR SAID PURPOSE 12 01013 Summary Formpdf 1201013 Memo Recommendation ofAward SUBpdf 12 01013 Bid Security Listpdf 12 01013 Legislationpdf 1201013LegislationVersion 2 01 1013pdf 12 01013 Exhibit 1pdf 1201013City ManagerMemo Substitution for Item Re14 Museum Park Baywalk and Promenad
Motion by Chair Sarnoff seconded by Commissioner Suarez that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
R130020
Direction by Chair Sarnoffto the Administrationfor the Purchasing Director to develop language for consideration by the City Commission that will sped the criteria for vendors to qualify under the local preference option in the Citysprocurement ordinance
Chair Sarnoff RE14
Mark Spanioli Good afternoon Commissioners Again Mark Spanioli CIP Capital Improvements Program director RE14is a resolutionfor a contract awardfor Museum Park Baywalk and Promenade The contract award is for FHP Tectonics Corporation its a substitution item excuse me in an amount not to exceed of9408982 The project has a 360day duration It to do all the improvements at Museum Park including the haywalk and the promenade that runs behind the museums It has all the local workforce and 15 percent CSBE Community Small Business Enterprise requirements
Chair Sarnoff All right Is there a motion Ill make the motion to approve
Vice Chair Gort Ther es a motion Is there a second
Commissioner Suarez Ill second itfor discussion
Vice Chair Gort Second Yes sir
Commissioner Suarez Thank you You know Ithink andIavant some clarification from the
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City Attorney on this My understanding is that the procurement director has basically come to the conclusion that this the company that wasfirst awarded the contract last Commission meeting is for some reason not a local vendor not a local bidder pm I dontknow Ive read so many documents on whether hes a bidder or not a bidder or whatever And you know 1 think this Commission at the last time that we spoke about this there was two things that were clear to me Thefirst was that this process had been very entangled The second was that we did not want a delay that was going to hinder this thing being done on time And so you know Tin you know Iwas the author ofthe expansion with in conjunction with obviously this Commission and with Commissioner Sarnoff who put in the wrinkle ofhest and final Oer And so you know we made a policy decision to you know expandthe local preference ordinance And sofor me Im you know Imconcerned when you have a definition as a local bidder as someone who is who has a local who has a company whose local office was not in compliance with all applicable zoning and licensing laws And then you get into all this gotcha you know between companies of you know whether they have you know you could do a survey andfind out whether theyre encroaching you know five inches and then are they not complying with the you know local preference You know this in this case its it happens to he a dispute about whether a BTR Business Tax Receipt was active or inactive or what the situation was you know So Ijust I think that you know I was told by the City Attorneys office that we only had two options today that we could either approve this contract or start from scratch Idontthink Idontknow how everyone elsefeels up here but Idontthink anybody here wants to startfrom scratch and Ithink that was very clear at this last Commission meeting So the reason why I seconded the motion was because ifI didntsecond the motion and no one else did it would have failed and then we would be this item would die and Itdon even know where we would go from there cause that was not you know even discussed But my guess is it certainly wouldntstart and vve certainly wouldntaward it to anybody So Ithink thatsan issue that 1 have But you know Imjust concerned Im concerned that you know when theresa matter ofdiscretion in an ordinance that Iconsider to he somewhat vague that the discretion isntexercised infavor ofwhat I consider to be the policy that this Commission has adopted which is to expand local preference The policy objective behind that is very clear If were spending bond dollars which are paidfor by our taxpayers we want to reinvest those savings or those dollars in companies that arefrom our area and thatswhy we all did it back then andIthink were all are very proud ofit But what we dontwant is this to become you know an issue where you know its letsfind hyper technical ways to disqualify people You know if the person ifyou read thisordinance you could theoretically disqualify someone as a local vendorfar not having a BTR in another state Because what it says here is all applicable zoning and licensing laws So I mean applicable where Could be applicable in another county another state So I you know for me Ithink we really need to fix this ambiguity in this statute and in this ordinance And you know Idontknow how everybody elsefeels but Idlove to see you know how everyone elsefeels about this issue
Chair Sarnoff Mr Chair
Vice Chair Gort Anyone else
Chair Sarnoff Yes
Vice Chair Gort Yes
Chair Sarnoff First let me jump in what Commissioner Suarez is saying Ithink what we have is procurement director interpreting a very imperfect ordinance that wasprobably poorly drafted But Ithink it was the intent ofthis Commission not simply to have apost office hox or simply have a street address where occasionally somebody might or might not be 1 think its our intention for me it would be probably about three live persons in an office Commissioner Gort might say no I wantfive Commissioner Spence Jones might say ten Or he might say one We want an office that appears to be attended and appears to he a regular use office And by the
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way in requiring that or at least giving them thefinal hest offer and the local option preference we may actually move people into the City ofMiami and create some BTR revenue for ourselves create some job opportunities fir ourselves You know at a minimum in a low usage time we might even have receptionists we might have secretaries and we might have a manager So 1 completely agree that this particular ordinance and Idontthink its a big tweaking needs to just define what is local what does a local office look like
Commissioner Suarez Right
Chair Sarnoff What is our intent behind that local office We willform aconsensus that if SpenceJones dontwantfive and Willy says one well probably compromise at three So I think thats important The other thing Iwanted to say Ireally have two more things tosay and Ill be brief Mr Chair Imade some comments about FH Paschen and Iwant to clarify some things FH Paschen and Iwere having a significant issue with regard to the streets in the Grove Iwill not change my storyfrom that at all And Iam not ecstatic with their work performance with regard to the streets in the Grove However FH Paschen has done a significant work in my district 1814 Brickell Park has done work at Blanche Park has done work at Lincoln Park and I know Im missing a park in there somewhere They have done exceptional work inparks So I sort ofhave an expression with these guys stay Willy roads but get into my parks And Ithink theyllfix Ihope theyll fix their road crew Also Paschen is a company that is primarily based in Illinois and Iknow now that theyre actually going to he opening up a local office here in Miami so thats agood thing cause were attracting new businesses here in Miami So let me just say I dont think theyre non responsible because theyre dealing with a park I may vote differently Paschen had this been a street or an improvement to a street and 1still think that you need to work on that Iwill tellyou this MCM and Ihave met significantly in thepast two days and MCM has agreed not to dispute this any longer Nottofile suit not to take any further action in this case And Ithink we have to call out our locals and say thank you to them because the Munilla brothers
Vice Chair Gort Yes
Chair Sarnoff and theyre sort ofan iconicfamily here in Miami And you have to really say to them and dontknow how to say this other than attaboy thank you Because this process could get tied up in a park where the County has put a lot ofmoney the Citysput a lot ofmoney weve put a lot ofour effort in this the museums And it needs to open on time So to the Munillas I think the City ofMiami owes them a debt ofgratitude and thank youfor not taking a process any further Im not here to criticize the Manager or the Administration on this cause I think what happened is we created an imperfect ordinance for you to interpret andIthink you did the hestyou could But you know what what do they say make mistake once shame on me or shame on you and well fix it Wejust wontmake the same mistake twice So 1 would ask you Mr Procurement give us some language on a text amendment Well debate whether its three persons Well debate whether its anyone Icertainly would like to see a live body in that office Idlike to have a description ofwhat you think a local office looks like And Ibet well pass it on first reading
Commissioner Suarez Mr Chair may Ijust add one thing to what you just said I think in this particular case the way this all happened was it was kind ofan administrative determination that they were not a local and then there was a position taken that they could not protest that determination So Ithink it should be also clear and then Ithink Iwant to say even ifthey could protest et cetera et cetera et cetera Ithink it should be clear too that and Idontwant to encourage a you know a competition between companies trying to disqualify each other But Ithink from a due process perspective you know if theresan ambiguity in the ordinance 1 think the policy making board should he the one that makes that decision We should be the one that you know sifts through thefacts and says do all thefacts in this case demonstrate that this is a local office or is not a local office And Ithink that was kind ofdenied this body with the
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way this thing was done and Ithink that should he anotherpart ofwhatever statutory ordinance fix that we do
Vice Chair Gort Commissioner Spence Jones youre recognized
Commissioner SpenceJones Ijust have a quick comment AndIm glad that Commissioner Sarnoff you know basically kind ofmade comments regarding some ofthe things that was said on the record the last time cause it was a little rough Thats Ican count the number oftimes that he said something that rough about something thatshappening in his district Butt think thatjust as leaders as we sit on the dais and notjust on this issue Im notjust harping on this particular issue but we have tojust be mindful that people build their companies their reputations are very important FHPs am Isaying it right FH Paschen
Chair Sarnoff FHP thats correct
Commissioner SpenceJones Okay Paschen and MCMs You know your reputation is all you have And we have to he mindful as a board as we sit up here and we say things about people that come infront ofus how it affects not only their companies but it affects you know the families in which you guys you know serve we all serve So you know Im glad that we kind ofaddressed the issue and Im glad that Commissioner Sarnoffcame hack and kind ofaddressed it cause that was one ofthe points that Ireally wanted to make with myfellow Commissioners that wejust in general wejust we really need tojust not do that The other thing that 1 wanted to just mention and I think its important and I want maybe Julie can clear it upfor me Did we ever actually make a finding ifMCM was a local company or not And I want to add Iknow to the overall process cause Ithink its important in this you know Iremember at one time we discussed and Idontknow iffits necessarily attached to this ordinance Idont think it is but you know we in other ordinances that we have even lithecompany is not City ofMiami company if the company is a county a MiamiDade County company or a company that is at least in MiamiDade County they also have some sort ofpreference because Ithink that thats important Even if theyre not I think that needs to be added to the process as well because everyone knows up here Ive been a strong supporter ofsupporting companies from MiamiDade County especially from the City ofMiami The only issue that 1 would have on this particular agreement is the fact that the company is not here It is Iunderstand that theyre going to bring a office here and Iappreciate the fact that theyre going to do that But at the end ofthe day the people that have been here for God knows how long pushing very hard you know to make projects happen to hire local people here right here in Miami that have been doing itfor a long time unfortunately in this situation theyre being pushed aside So Iwould like to make sure the process is just not limited to the City ofMiami but after the City ofMiami has heen dealt with then at least MiamiDade County should he an option Because everything that we all fightfOr up here were doing the exact opposite right now Were going were supporting a company outside even the state ofFlorida you know Sofar me its nothing saying anything against the company I understand that theyre corning and hopefully theyre going to hire a lot ofpeople from Miami the City ofMiamifirst correct Correct So thats going to happen But Ijust Ihate to see that a local company would be pushed aside because ofthat And last but not least for my procurement director Iknow that hes very pass he was
very in my very short briefingwith him on this issue he was very passionate about this issue and he really felt strongly about thefact that this contract should be awarded to FH Paschen So that is the reason why Im assuming were going in that direction And I know that our City Attorney also chimed in on this issue to basically say we have to go along with even though we to nay understanding we know that MCM is a local company So is that correct
Ms Bru Commissioner 1
Commissioner SpenceJones Or we still dont know that
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Ms Bru can answer your question A determination was made by your Purchasing director that MCM did not meet the definition ofa local company as he interpreted the procurement code That determination that is made was concurred to by the Manager and the City AttorneysOffice as is required under the code
Commissioner SpenceJones But now that this is did you ever was that the determination thefinaldeter that theyre not a local company Because we know that they are
Kenneth Robertson Kenneth Robertson Purchasing director For this procurement and under these circumstances with a bid submittal date ofAugust 23 2012 MCM did not meet the definition ofa local office pursuant to 1873 ofour code That was formally communicated to them on December 5 and then again rebutted on December 6 And they were then afforded their due process rights in accordance with Section 18104 ofour procurement code As ofthis morning we received a letterfrom the MiamiDade County tax collector division that irrefutably proves thatfbr aperiod lover one year from aperiod oftimefrom November 15 2011 until a reverse transfer action was then initiated on December 5 2012 that MCM did not have a Miami Dade County BTR for their address for their business operations at 1429 Southwest 1st Street The procurement office and the CV Capital Improvements Program Department routinely administratively make decisions regarding local preference eligibility This is apart of our daily work operations Every single procurement that we administer we have to make a determinationfar local preference when there is a local bidder that is claiming that preference within 15 percent ofthe lowest bid amount In this particular case there was irrefutable evidence by a signed transfer receiptfrom the County that this address for this BTR had been transferred to a location outside ofthe corporate limits ofthe City ofMiami Istand behind that determination 100 percentfor this procurement under these circumstances only Ido understand that they have a local preference local presence here in the City of Miami Iwould never dispute that But the code is clear that they have to meet the definition ofour local office in order to be given the preference
Commissioner SpenceJones Well Ijust wanted to acknowledge you before I turned it back over to the Chairfor you know it takes a lot Iknow that this particular situation got very messy and to a certain extent you were even challenged with your from a professional standpoint as to whether or not you were doing whatsright AndIjust wanted toat least acknowledge youfor sticking to what youfelt and youfeel is and you believe is the right thing to do and having the courage to speak up on that issue regardless ofhow people might have felt aboutyour decision So
Mr Robertson Thank you Commissioner
Commissioner SpenceJones 1 support you as adirectorfbr that department Ken And if youre if this is your recommendation then thats what Imgoing to go with
Commissioner Suarez Mr Chair
Vice Chair Gort As was stated yeah Ill recognize you Go ahead go ahead Well as I stated before one ofthe things Ive asked the directors ofthe different department as we discuss the different problems that we have here come and tell us what areyou having problem with with our code lets make the changes Ithink what we discussed a little while ago we got we have to he very specific ofour code what it state because its a shame This M MCM is a company that started very small here Its a company that right now is local company and its doing business worldwide and it ashame that this happens and that we had to go through this process At the same time 1 had an opportunity to meet to sit down and meet with Munillas And they had the opportunity they could have taken us to court and but that would have delayed this a lot more and they didntwant to do that So I really want to thank them for doing that But it agreat company Its a local company that has created alot ofjobs in here But
City nfMiami Page 83 Printed nn 2 122013 City Commission Meeting Minutes January 10 2013
think we need to work on our code AndIask every director whenever you see a problem within your department that needs to he changed come to us well change it Anyone else
Commissioner Carollo Yes Mr Chairman Recognized
Vice Chair Gort Yes sir youre recognized
Commissioner Carollo Thank you This one is a little difficultfor me because Iactually wear two hats and Im conflicted with the two hats that wear One is the chairman ofthe Bayfront Park Management Trust and at the same time Iam the district Commissioner fbr District 3 in Little Havana And the reason why 1 say that Im conflicted is because in all fairness Iwant this project to moveforward I said it in the last Commission meeting We need this to move forward Imean its been deferred and deferred and deferred And realistically Im concerned with the timing At the same time Ithink no one really is disputing that this is a localfirm Now when Isay that Imean no one is disputing that theyre alocal firm maybe not by definitions of what the code said but the bottom line is they are alocal firm 1 mean we all know them Theyve been aroundfor many many years And you know Idontknow how many ofyou have driven by that location but I have driven by that location including last night around Iforgot 6 7 8 oclockat night and lights were on and there were people working in there you know
so And this is a you know business in Little Havana in an area that in all fairness most businesses are out ofbusiness So Im a little conflicted here because Iwant this to move forward but at the same time 1 hate for a localfirm to you know lose an opportunity Commissioner Sarnoff already you know addressed the other point that 1 had with regards to what he had mentioned in the last Commission meeting And the third thing is I haventhad a chance to meet with FHP Iknow they reached out to my office But in all fairness it was a little late by the time that they reached out to my office Ialready had hooked And Ihave an issue now also being the Chairman ifBayfvont Park that we are either in negotiations or we have completed negotiations with the Boat Show and we are going to needfbr the contractors to work with us because we need limited access from the land side for the boats You know during the Boat Show we plan on having you know the boats held in deep water slips andfloating docks barges but we need you know limited access in order to make that happen So Ineed to be able to work with the contractors to see this happen And once again this is revenues for Bayfiont ParkManagement Trust that as Ive mentioned in the past you know does not receive any subsidies from the City So this is something that 1 haventbeen able to speak to FHP about but Iwant to be able to you know address on the record ifpassible
Javier Vazquez IfIcould
Commissioner Carollo Sure Mr Chairman
Vice Chair Gort Its all right Go ahead
Commissioner Carollo Ifhe could address us with a question that Iasked
Vice Chair Gort Yes sir
Mr Vazquez Good afternoon board members Commission members My name is Javi Vazquez Javier Vazquez law offices at 1450 Brickell Avenue with the lawfirm ofBerger Singerman Before Iproceed Idlike to just make a real quick introduction Irepresent FHP Tectonics Andjoining me today are Mr Leo Wright who vice president ofthe company and Mr David Roy whosthe South Florida representative ofFHP AndIm going to get to your point Commissioner Just real quickly 1 mean we all know that procurement is a very technical process very difficult process that sometimes ends up in situations like this One good thing that Ithink or a couple good things that I think have resultedfrom this particular hid and this particularprocess A because ofthe conversations thatstaking place here today Ithink we see
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apurging as it relates to some positive changes that are going to come along the pike as it relates to your code with regards to the local business preference and you know another thing is that it has been a very clear message to our company to start identifying the areas that we need to improve on and the areas that we need to continue doing well in As Commissioner Sarnoff mentioned we do intend to become a local business immediately We know the urgency ofthat issue And I wanted to say one more thing before I address the Commissioners question That one ofthe the othergood thing that came out ofthis was thisprocess is notwithstanding all the things that went on thefinalprice thats before you today is the lowest of all theprices that was that were submitted with regards to this hid even after the rescission even after the disqualification ofour competitor whom we also commend for the record for their actions today FHPjoined your staffand agreed to the bottom price so that the Miami residents will not bepaying a dollar more than they were otherwise going to pay with regards to this project And the last thing is as it relates to the completion time we know were under the gun and we want to do everything possible to make sure thatyou give us the green light today so that we can get going with this project and hopefully deliver it on a timely basis Now with regards to Commissioner Carollosquestion what Idlike do is ask Mr Wright to come up and specifically ifyou could give us a little bit more information on what that means and what you would need from us we can talk a little hit about it right now and Im sure its not going to he a problem
Commissioner Carollo Hi Idonthave the specific details infront ofme but the bottom line is and Idontknow ifwe are have a signed contract already hut we are definitely in conversations with the Boat Show and we plan on extending the Boat Show to Bayfront where we will have large yachts and different boats water slips floating docks barges and so forth But we were going to needyour cooperation for some limited access in order to he able to bring these boats in Its going to be during construction Bayront Park Management Trust has always been reasonable I would ask that you reach out to our executive director or that would have him reach out to you in order to get into the specifics Butyou know Im doing it in good faith asking you know work with us because again its revenues to Bayfront Park Management Trust the City ofMiami
Leo Wright Absolutely Imean we do a lot ofwork in the City ofMiami coordinating with a lot ofdifferent agencies Absolutely UNINTELLIGIBLE
Dwight S Danie City Clerk Excuse me
Mr Wright City Capital Improvements engineers well understand UNINTELLIGIBLE
Vice Chair Gort You got to speak in the mike State your name and address
Mr Dante Could you
Mr Wright My name is Leo Wright Im the vice president ofFHPaschen So absolutely Commissioner The one thingIwanted to make you know as far as a local contractor weve been in South Florida for about ten years and actually we do have an office in Miami but I guess its unincorporated Miami so we cantmake that actual claim ofbeing within the City limits Ifyou look at our letterhead its 165th Street Miami Florida And we do hire all local contractors So asfar as you know integrating ourselves with the community flee we have so
Commissioner Carollo And beforeyou leave if could leave your information with us so I could have the executive director reach out to you with more specific on what were going to need Thankyou
Mr Wright Sure Thank you
Commissioner SpenceJones And Mr Chairman
City of Miami Page 85 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Vice Chair Gort Thankyou
Commissioner SpenceJones Ijust have one thing 1 want to add
Vice Chair Gort Yes
Commissioner SpenceJones on thisjobspart ofit As you know thats one ofthe biggest things that wepush Iknow youjust stated on the record that youve been here far ten years so youre hiring people on a local level and Im glad that you cleared that up But what l would like to do I know Lillian Blondet shes here somewhere in the hack Shes over our new career center And one ofthe things we really want to make sure is all this constructionbased projects that are corning in the City ofMiami and Iknow that its already in the agreement asfar as correct the local work
Mr Wright Thatscorrect
Commissioner SpenceJones force But I want to officially put it on the record because quitefrankly we need as many people corning to the center as possible to register Idontknow there she is
Vice Chair Gort Shes right there
Commissioner SpenceJones Shes running out here I wouldlikefor you guys to at least connect before you leave cause you guys represent a lot ofjobs thatsgoing to be coming very soon and Iknow that she also needs those numbers corning through the center as well So if guys can connect Ireally would appreciate it to make sure that were both helping each other
Mr Wright Absolutely
Vice Chair Gort Okay
Mr Vazquez Thankyou
Vice Chair Gort Thank you Is any further discussion All infavor state it by saying aye
The Commission Collectively Aye
Vice Chair Gort Thankyou
Mr Vazquez Thank you
Mr Wright Thankyou
Mr Vazquez Have a good afternoon
RE15 RESOLUTION
12 01423
Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Facilities ATTACHMENTS AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI CITY AND THE SCHOOL BOARD OF MIAMI DADE COUNTY FLORIDA A BODY CORPORATE AND POLITIC LICENSEE TO ALLOW THE LICENSEES USE OF A PORTION OF THE
City of Miami Page 86 Printed on 2122013 City Commission Meeting Minutes January 10 2013
CITYOWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI FLORIDA TO PROVIDE PARKING FOR THE LICENSEES EMPLOYEES DURING CONSTRUCTION AT THE NEIGHBORING MAST ACADEMY FOR A TERM OF THREE 3 YEARS AND AT NO COST TO THE LICENSEE WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT 12 01423 Summary Formpdf 12 01423 Legislationpdf 12 01423 Exhibit 1 SUBpdf
Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote Votes Ayes 3 CommissionersGort Sarnoff and Carollo Absent 2 CommissionersSuarez and Spence Jones
R130021
Direction by Commissioner Carollo to the Administration for a report regarding any fees receivedfor the use ofthe Citysparking lot during the Sony Ericsson Open the value ofany inkind services received and the market value for the parking spaces during the Sony Ericsson Open
Direction by Vice Chair Gort to the Administration to prepare a report on all the revenues receivedfor special events held in City parks and how often the Parks Department uses school parks andor school areas for the Citysbenefit
Chair Sarnoff Okay We have RE Resolution
Vice Chair Gort 15
Chair Sarnoff 15
Henry Torre Good afternoon Henry Torre director ofPublic Facilities RE15is a resolution authorizing the City Manager to execute a revocable license agreement between the City of Miami and the School Board ofMiamiDade County to allow the licenseesuse ofa proportion ofCity ownproperty located at 3501 Rickenbacker Causeway to provide parkingfor licensees employees during construction at the neighboring MAST Maritime and Science Technology Academy for a tern ofthree years and at no cost to the licensee
Chair Sarnoff Three years
Mr Torre Yes Commissioner
Chair Sarnoff Is there a motion You can certainly lower the amount oftime
Mr Torre Commissioner Iwould like to add that all revenue opportunities historical are being preserved During the Sony tennis tournament they will not have access to this area and a triathlon
Commissioner Carollo They will not have access to that area during the Sony tennis
tournament
Mr Torre Correct
Commissioner Carollo How much money does the City receive from the Sony tournamentfor
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allowing them to use thatparking space
Mr Torre Commissioner Idonthave that information Ican get itfiryou though
Johnny Martinez City Manager Ido zero
Commissioner Carollo Yet youre the director ofPublic Facilities so yes Iwould hope you could get that information
Mr Torre 1 can Commissioner Just so you know Sony rents a lot ofour parking areas so it comes in one Theresnot only that area They rent other areas ofVirginia Key
Commissioner Carollo Yeah but my issue with that is what the City Managerjust said we receive zero So its notjust that area Its a lot ofareas and the City ofMianii is receiving zero And its going to get to 0 point until when Imean are we a financially strapped city or not Now 1 And at the same time you know Im not some ogre up here you know that doesnt vivant to help out a fellowgovernment agency so Im willing to work with the School Board but you know lets start putting everything out here Are we financially strapped or not And ifwe are why arentwe receiving any monies whatsoever
Mr Torre Right Commissioner the School Board is here They did askto have the opportunity to speak on that exact item
Chair Sarnoff Youre recognizedfor the record sir
Michael Levine Good afternoon ImMike Levine with Dade County Public Schools Facilities Planning Department Commissioner Im not sure ifIunderstood During the tinges ofthe year when that parkinglot would be utilizedfor Sony Ericsson Tournament or any other uses that are income producing to the City the school district would not be using that area
Commissioner Carollo Real quickly and not to interrupt you Yeah but therestwo issues right here What you justsaid incomeproducing to the City Theyjust said that the Sony Ericsson does notproduce any income for the City So therestwo issues here One is yeah doing a lease with you or for three years or soforth where youre not going to be paying anything for the City Andyoure agovernment agency so you know its something that you know Iwould like to work out I mean just this morning werent we talking about contributions in lieu of taxes and all that stuff What happened to all that discussion AllUfa sudden now it disappears and weforget about it Imean and again Im saying this respectfully because you are you know afederal government agency and Iwant to work with all government agencies So lin saying this respectfully But at the same time the City ofMiami is financially strappedfor money and you know ifwe are this morning we are this afternoon Ifwe are today you know we are going to be tomorrow hopefully not in afew years But you know ifwe said this a year ago you know and were still in the same situation and we still cantget our financial statements you know our auditedfinancial statements on time and were you know then were still having that issue So what Im saying is that firone item we cantsay well you know letsyou know be nice and were a 501c3 in a charity case and you know letshand out you know City properties forfree And then in another instance we need money We need Commissioners we want to employ an additional hundred officers and were going to have to you know do the hard decisions and stuff like that Well guess what This is part ofit Imean and again Iwant to work with a governmental agency But this also brings another point Sony Ericsson how come were not receiving anyfundings sicfrom them
Commissioner SpenceJones I just I and that was going to be my question just piggyingback sic on Is the School Board receiving any money during that time when Sony comes No
City of Miami Page 88 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr Levine No
Commissioner SpenceJones You just let em use 11
Commissioner Carollo No
Mr Levine We have been asked by City staffto make sure that we would vacate that area so that the entire parking lot could he utilizedfor the tennis tournament
Commissioner SpenceJones So and Iguess Henry youre saying that
Mr Torre Commissioner honestly Ihave not been involved with that agreement with So I canfind out more about it
Commissioner SpenceJones Okay All right so Ijust want to be clear Commissioner Carollo cause Imean its a great
Mr Torre Commissioner
Commissioner Carollo Commissioner let me just explain my points real quick
Commissioner SpenceJones Okay
Commissioner Carollo Okay Number one is you know a threeyear agreement with MiamiDade County Public Schools for them to use our parking lotfree ofcharge and as you mentioned for three years Number two they said trying to work with us during the Sony Ericsson events and other events that are income producing for the City they will not use those parking lots But Im saying those events arenteven income producing so Im questioning why do we allow once again our park and this is now Dade County Public Schools This is you know Sony Ericsson and1dontknow whatever corporation theyre under But why do we allow them then to park again in the Marine Stadium and differentparking lotsforfree and were not receiving any income from it or any revenues from it
Commissioner SpenceJones Right So its
Mr Martinez Commissioner may
Commissioner Spence Jones Im sorry
M Martinez I add one
Commissioner Carollo Two prong
MrMartinez little thing
Commissioner Carollo question
Mr Martinez Yeah Its not that were not receiving anything On the Sony Ericsson we were receiving inkind servicesfor cutting some trees and clearing the area and that type ofthing I know one year it they promised to do it and it wasntdone and we were going to police them to make sure that it was done in this last tournament and Iwas told that it that they did go back and trim the hushes and the trees that they were supposed to as an inkind service for that As far as and Idontwant to talkabout
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Commissioner SpenceJones Okay Can IIthink that what Commissioner Carollo is mean is basically saying stated Im assuming that he doesnthave aproblem with MiamiDade County Public Schools utilizing the parking space for these kids cause thatswhen you thatswhatyou need the parking spaces for correct
Commissioner Carollo It for construction workers
Mr Levine No no Itsfor staffand some students and some construction work itsfor primarily staff
Commissioner SpenceJones Okay So Ijust want to so Iknow that we dontwere not having an issue your issue is ifthis park ifthese parking lots can be used or parking spaces can he used after those time periods then Public Facilities should be looking at some income producing opportunities from these lots Imean from
Mr Torre Commissioner
Commissioner SpenceJones this lot parking
Mr Torre Ithink 1 need to clarify something cause Ithink
Commissioner SpenceJones Ijust want to make sure Im clear
Commissioner Carollo Commissioner two pronged okay I definitely definitely want to work with our with all our governmental agencies
Commissioner SpenceJones Yes
Commissioner Carollo So thatsnot an issue Tin willing to workwith them
Commissioner SpenceJones Right
Commissioner Carollo But 1 think the City ofMiamisbeing very generous allowing all these parking spaces or parkinglot to be usedfree ofcharge But at the same time Iwould like you know some ofthat same kindnessfrom the School Board to the City ofMiami and Idontknow what that is
Commissioner SpenceJones Yeah
Commissioner Carollo Imjust saying
Commissioner SpenceJones Well I
Commissioner Carollo we need to help each other out Werefinancially strapped
Commissioner SpenceJones Right
Commissioner Carollo so I dont know what that could be Now at the same time sort of different issue but the same related we are leasing and renting out those same parking lots to lets say the Lipton Corporation or no Sony Ericsson and were not receiving revenuesfor it Im hearing now that there were receiving some inkindservices Idontknow what is the you know how you price that But the bottom line is once again it is a City asset that is not producing the revenues that it should
Mr Martinez And Commissioner
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Commissioner SpenceJones I Im sorry just let me finish
Mr Torre Can l clarify
Commissioner SpenceJones Can Ijust
Chair SarnoffAll right lets I71 tellyou what
Commissioner SpenceJones ljust want to
Chair Sarnoff Wait wait Stop stop stop stop Let the Manager speak then Commissioner SpenceJones then well have Torre speak and then Commissioner Gort
Mr Martinez Commissioner Carrillo brought up the you know hes infavor of intergovernmental cooperation We have a lot ofthings with the County including the parking garage on Virginia Key where we need more property from the County in order to fit in
Commissioner Carnllo This is the School Board though This is the School Board not the County
Commissioner SpenceJones Yeah thatswhat Iwanted thatswhat 1 was trying to add 1 knowfor afact the School Board we have the same relationship cause theres other projects within my district quitefrankly that Alberto Carvalho allowsfor us to use at no charge So the School Board has been very supportive about whether or not its land They allowingfor us to do park space Im getting ready to put a garden Imean the list goes on and on about what the School Board does so Ithink that there is definitely afair exchange But what Ido like about what you suggested and Idlike to maybe take it to a whole nother level is you know ifwe knowfor afact during the Sony Ericsson or during the tennis tournament people are using those parking lots So ifthey dont want to you know pay us you know what they what wefeel we should he getting from it
Commissioner Carnllo Fair market value
Commissioner SpenceJones then maybe then we put our own parking you know attendant there and we charge and we make our own money offofit you know That brings revenue and Im sure Virginia Key Beach Im sure the park the Parks Department can use that revenue I mean Ijust think we need to like Commissioner Carnllo is saying wejust need to be more innovative in looking at every aspect ofwhich we can make money Andyou know it may not he awhole bunch ofmoney but it will at least cover some costs that may go back into parks 1 like your idea of Hey once the school kids are out and the teachers are out and all ofthat if its being usedfor an event why not look at this as an opportunity not trimming trees I like trimming the trees but quitefrankly thats really afavor or service to them They dontwant branches and everything on the lots and they want it to be clean as well so they need to do that no they as a matter offact they should do that plus they should he paying us But with that being said 1 think that maybe we need to just look at Henry creating some additional revenue whether or not whether they pay us to rent it during that time or whether we use our Parks staffto just collect the revenue you know forparking That could be an option and additional revenue and Ithink that the Commissioner would be pleased with that
Chair Sarnoff Commissioner Gort
Vice Chair Gort I thinkwhat youre saying is whatever deal we have with the County and so on lets not do it anymore and lets charge and thatsIunderstand what theyre saying Now my understanding is thatfacility has been used in the past and people have paidfor it Because I
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remember we had people that come in here that we were charging too much for certain events that were takingplace in there So the question is Are we getting any revenues Youre telling us therere certain services they providing That service has got a value At the same time you said were going to need additional land to do certain things That has a value also So this is what the Commissionersasking is Whatsin itfor us Simple
Mr Martinez Were definitely going to look at restructuring the arrangement that we have you know with the County for these events and generate money for them and we should he getting part ofit maybe not
Vice Chair Gort Imean if theyre charging for the service and theyre making monies out ofit we should too
Mr Martinez Yes
Commissioner SpenceJones Yeah
Vice Chair Gort Yeah
Commissioner SpenceJones Exactly
Vice Chair Gort Thats
Commissioner Spence Jones UNINTELLIGIBLE
Mr Torre Commissioner Ithink one thing to also consider again Ihave not been involved in the Sony negotiations hut that tournament does have a lot ofbenefit fOr the City ofMiami The hotels are more occupied restaurants are used so there is some other additional benefits to the City ofMiami But back to this issue Ithink theresa misunderstanding Were only allowing them to use a small portion ofthat parking lot That portion we do not make any revenue on You know we have triathlons there that if we use portions ofthis lot However this area will not impede Commissioner
Vice Chair Gort Question the triathlon
Chair Sarnoff Wait wait wait wait wait wait
Vice Chair Gort Im sorry
Chair Sarnoff Commissioner Carollo has thefloor
Commissioner Carollo Okay Thankyou Mr Chairman And with all due respect Mr Director we do not make any revenues because we have not been innovative enoughfor ways of making revenues or is itjust because itsjust there and we dontdo anything and thatswhy its not making revenues Imean can you name ofone innovative idea that weve had to generate revenues there that hasntoccurred
Mr Torre Well Commissioner asyou know the Marine Stadium is closed has been closedfor a long time What we our department has done is we work with triathlons We do lease space But dontknow if been out there lately theresreally no major businesses close by that would require overflow parking This parking area is really suitedfor overflow parking At this point due to the surrounding businesses theresreally no marketfor these parking areas What market there is are triathlons things like that which we can still secure still receive the revenue ons That why we have them in this area here designated Its going to have zero impact on any potential revenue we can receive
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Commissioner Carolla And let me yield to nay colleagues nowfor a little help with you know memory Didntwe pass this was before your time Mr Director an increase in fees there because apparently there was a need and there was usage for this All ofa sudden how come theresno usage and how come there you know is an empty lot
Mr Torre Commissioner Ididntsay there was no usage Isaid that rarely is the entire area used It a very largeparking area And this actually this picture doesntgive itjustice because it actually goes further down this way When we do have events Commissioner most of the events require use ofthis area here This is why we did not discuss you know them parking here an the waterfront area just this back area because we felt that that would have the most minimal amount ofimpact And again I do want to stress Public Facilities is always looking for revenue sources ticket surcharge Ithink thatscorning forward However they did ask us as a courtesy to put this item so that they could discuss this with the Commission And again it at the will rfthe Commission whether they want to give itfarfree
Commissioner Carollo And
Vice Chair Gort Question
Commissioner Carollo even the even asfar as the term like we could start with aone year term and then bring it back to this Commission fbr
Mr Torre Well Commissioner its revocable license agreement so we can cancel it with 30 daysnotice ifwe really wanted to Its not a lease Its a revocable license agreement
Commissioner Carollo So let question so ifits a revocable license agreement why do we put years behind it This is not the only time but we always put years We always put you know one two threefour
Mr Torre Well Commissioner Ithink itsjustfbr transparency Ifwe feel that the item is going iftheyre going to need two years three years wedrather be as transparent as possible
Mr Levine And the amount ofconstruction for the school will take about three years
Commissioner Carollo And with regards to you say you could revoke at any time Who can revoke it
Mr Torre Imsorry who can
Commissioner Carollo Who can the City Manager
Mr Torre Either party can revoke it
Commissioner Carollo Right Iunderstand that But who from the City can revoke it City Manager
Mr Torre City Manager
Commissioner Carollo So it wouldntcome hack to this Commission
Mr Torre 1 dontthink so
Commissioner Carollo Unless a Commissioner would have an issue and then come to the
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Mr Torre Ill ask
Commissioner Carrillo Okay Listen in the spirit ofworking again with our governmental agency and you know Imwilling to move forward with this However Ido want to have a direct Ido want this Commission ifpossible my colleagues support me to send a directive that I want to know with regards to the Sony Ericsson are we receiving any fees If were doing inkindservices what is the value ofthe inkind services and what is the market value for all these parking spaces during the Sony Ericsson so we could you know negotiate or initiate some type nfnegotiation now that its still early Were in January and the Sony Ericssonsin what March So we have we you know we have some weeks in order to negotiate this
Mr Torre Do you want this to include some information like impact on occupancy of hotels in the City ofMiami restaurants or no
Vice Chair Gort Nn no no
Commissioner Carollo Listen
Mr Torre Just Okay
MrMartinez Nn
Commissioner Carollo dontcomingle it
Mr Torre Okay
Commissioner Carrillo Mr Director Dontcommingle it you know With that said at the same time 1 ask that you know 1 meet with either you or a representative ofthe School Board in order to discuss possibly you know some ofthe things that Commissioner SpenceJones mentioned you know as far as space and some locations ofDade County Public Schools Its happening in her district but you know I and Mr Director Mr Manager weve spoken about it where notforprofit organizations are lookingfor rental space or locations in District 3 in Little Havana So maybe we could you know work something out with the School Board since they have a lot more buildings So is something that 1 would hopefully both in goodfaith could discuss
Mr Levine Certainly
Commissioner Carollo in the near fixture
Mr Levine Icould tellyou right now we have a lease with the City for over 7000 square feet at the Lindsey Hopkins Vocational Center for a workforce program thats
Vice Chair Gort For one dollar ayear
Mr Levine at no cost to the district to the City
Commissioner Carollo Do you have anything in Little Havana
Mr Levine Ican have the conversation with you sir
Commissioner Carollo Letshave the conversation then cause once again and youre going to see this common tone where yes we have it all over the city but when it comes down to Little Havana you know which is the heart ofthe City ofMiami and maybe Commissioner Sarnoff will would you know argue against it and say downtown is the but the bottom line is you
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know Ialso Imlooking for you know the residents ofLittle Havana so you know maybe we could have that conversation And again Ini saying this with all due respect
Mr Levine And l appreciate it very much sir
Chair Sarnoff Commissioner Gort
Vice Chair Gort Illsecond the motion When you come back heres what I would like to see When you come hack how much revenues being by the triathlon or whoever uses the parks how much revenue brings to the City At the same timefrom the Parks Department Iwould like to get informationfrom them how many Parks Department that uses school parks and school areas for our benefit at the parks And you know the Workforce office benefits everyone Its the whole district Its not onlyfor one district for the whole City ofMiami
Mr Torre One last item on this There was a scrivener error where it was put that they have access between Monday through Saturday Its actually supposed to be Monday through Sunday
Chair Sarnoff Mr Torre did you run this past the Friends ofMarine Stadium
Mr Torre Yes Idid
Chair Sarnoff And theyre okay
Mr Torre Yes
Chair Sarnoff with the UNINTELLIGIBLE
Mr Torre Theyre absolutelyfine Theyre lookingforward to cooperating and working with them
Chair Sarnoff All right So we youre the maker ofthe motion
Commissioner Carrillo Yes
Chair Sarnoff And we have the second
Vice Chair Gort Ill second
Chair Sarnoff All right All infavor then please say aye
The Commission Collectively Aye
Chair Sarnoff Okay RE6
Mr Levine Thank you very much
Chair Sarnoff Thank you RE16
Vice Chair Gort RE16
Julie O Bru City Attorney ThatsCommissioner Carnllositem
Chair Sarnoff Right Yeah Iknow Iknow Only outer thing Ican do is open up a PZ Planning Zoning item It gotpassed
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Commissioner SpenceJones Yeah
Chair Sarnoff Never snatchfrom never snatchfrom victory never snatchfrom thejaws of victory from the jaws ofdefeat victory
Raquel Regalado No no Iunderstand But you know since Ihappen to be here you know Im happy to explain exactly whatsgoing on So this is obviously aproject thats separatefrom the bond initiative
Vice Chair Gort And you are
Ms Regalado And I am Raquel Regalado MiamiDade County School Board memberfor District 6 which also happens to include the area ofLittle Havana So Icompletely understand your concerns Commissioner Carollo Thatsone ofthe reasons that we askedfor your support in the bond initiative and were very appreciative ofthat support so Ibegin by taking the opportunity to thank you for that We had the highest approval rating ofany bond initiative in the history ofMiami Dade County And were going to have ourfirstworkshop dealing with that bond initiative now on January 17 Weve actually already appointed our oversight committee which is a citizensadvisory committee that will be detailing what the overallplan is And on the 17th well he talking about what schools we believe that we can do under 2million what fixes we can have for those schools so that its immediate and what were going to leave for the summer particularly this summer and the next two following summers that need large overhauls So for example in Coral Way K8 which is a school in your district one ofthe things that Ive requested is that it be an under 2 million so that we can have Wi Fi and we can ensure since its a relatively new school that changes are made But we are eliminating all the portables in the entire district So that means that the portables at Shenandoah no let mefinish which house some ofthe children at the Coral Way K8 are now going to he were going to fix one of the buildings at Coral Way to encompass those children So itll be that particular school will he two differentprojects one lower end and one higher end And then were going to he looking at Riverside and Citrus
Commissioner Carollo Yeah Thank you for that But and Iunderstand that you were upstairs so you werentreally listening to our conversation It wasntregarding the bonds the passing ofthe bonds and what you were doing with bondmoney We were discussing how governmental agencies help one another And apparently the School Board has been helping the City ofin all areas outside ofLittle Havana So 1 asked a question on space You know there are nonfirprofit organizations that is seeking space from the City ofMiami And 1 said you know the School Board has plenty ofspace Theyre doing it in District 5 So Iasked what about in District 3 what about in Little Havana So 1 understand that you may have
Ms Regalado Space as in school space or non school space Cause Ican tellyou what space we have in Little Havana
Commissioner Carollo Well school or non school Imean buildings that are owned by MiamiDade County Public Schools that can actually he used by lets say Lindsey Hopkins were using the One Stop but letssay some ofthese nonfor profit organizations that are in Little Havana and reach out to the City ofMiami for help Hey MiamiDade County Public Schools have a lot of buildings there Can for some reason you lease some space at a relatively low amount or can you do itforfree
Ms Regalado Well the issue is the school sites we are under state law that we cannot allow community organizations to go on school sites where children are during working hours without the Jennifer Lindsay sic compliance which means that they have to have a background check andfingerprinting That sort ofcomplicates the situation ofusing the schools while children are there So even ifwe were to have low enrolled schools inyour area ofwhich the only is Citrus
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Elementary we would have a problem with having a community group use that school while the children were in session That being said we are redoing our compacts to allow different organizations to use our schools on the weekends or after school should the school not have an after school program Now non school space the only space that we have in your district happens to be across the streetfrom Citrus Elementary which is the old Region building That Region building we were actually in discussions with the City ofMiami Police about using it The issue is the state ofthe building It has a lot ofroof needs a lot ofwater damage and thats one ofthe things that were going to he considering as we go forward when we talk about other uses far spaces that are not going to he renovated by the bond Because non educational space cannot be renovated by the bonds that money cannot be used for offices such as the region office which sits directly across from Citrus Elementary on the other side of 22nd Avenue But thatsthe only non school use space that we have
Commissioner Carollo Maybe Icould he wrong but what about 22ndAvenue and about Southwest 3rd Street
Ms Regalado Thatsthe one that Im talking about Its across the streetfram Citrus Elementary Its the only one Its actually been used as a storage facilityfor six and a half
years
Commissioner Carollo And it cannot he used for any other thing
Ms Regalado Well we would have to repair the building But we cannot use the bond money and before the bond money knowing that we have so many needs at our educational spaces we couldntuse the little construction money we had to renovate that space So right now itsjust storage But were more than happy to talk to the City about using thatfor another purpose as long as everyone is clear that thatsnon educational space and that the renovations would have to be done by whatever entity decides to use it
Commissioner Carollo Again you know out ofgoodfaith Im saying listen I definitely want to maintain very good relationships with the School Board as well as the County and all municipalities But at the same time we need to help each other out and here were giving a large amount ofspare you know far three years and Ijust want to make sure that you know the Citysalso getting a fair share
Ms Regalado I totally agree And so that you know the City ofMiami Police is having conversations with the School Board about use not necessarily in your district because your district the schools are overenrolled with the exception ofthatparticular space that were discussing that has a lot ofdamage But in schools that are under enrolled that are at 45 or 50 percent there is the possibility ofthe City police using it because ofcourse they are in compliance with the Jennifer Lunsfard law So we are in discussions with them about it And one ofthe things that we are going to be talking about in our workshop on the 17th is when we do go andfix the schools to make sure that we provide lots ofareas where the community can use it on the weekend and after school
Commissioner Carollo And something that Commissioner Gort mentioned was as far as using some of the school space or using some ofthat monies to enhance the playgroundsfar the residents ofLittle Havana to be able to use it as a park also
Ms Regalado Well one ofthe things that were going to be discussing on the 17th is how to close our educational spaces so that we leave the grounds what is recreational land open far residents to use it Thatsactually
Commissioner Carollo Exactly
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Ms Regalado a request that was made by Coral Gables They have a big problem with that with Coral Gables senior high but its something that were consideringfor all the cities
Commissioner Carollo Well and exactly So thats something that I want to be considered for City ofMiami And again in you know participation or in light ofworking together
Ms Regalado Right
Commissioner Carollo two governments Ithink its something that needs to he brought up which realistically hasntbeen brought up Itcould have been brought up in Coral Gables but Ive heard ofnone ofthat in Little Havana
Ms Regalado We have a compact and there have been some discussions But obviously its at a citywide level But one thing that 1 want to be clear in is that were very appreciative ofthe support that weve hadfrom the City ofMiami And equally one ofthe major themes ofthe workshops that were going to be having about the bond initiative and the reconstruction ofour schools is that this is selfhelp And this is selfhelp by many residents who do not have children in our public schools and therefore we want to ensure that ourpublic schools are used by all the residents ofMiamiDade County Thankyou
Chair Sarnoff Thank you
RE16 RESOLUTION
12 01439
District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Commissioner Frank DONATION IN THE AMOUNT OF APPROXIMATELY 40000 FROM AMIGOS Carollo TOGETHER FOR KIDS INC D BA AMIGOS FOR KIDS TO THE CITY OF MIAMI TO DEFRAY ANY RELATED COSTS FOR BABY DIAPER CHANGING STATIONS AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION 12 01439 Legislationpdf
Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote
Votes Ayes 3 CommissionersGort Sarnoff and Carollo Absent 2 Commissioners Suarez and Spence Jones
R130022
Chair Sarnoff All right RE16 Itsyours
Commissioner Carollo Thankyou Mr Chairman
Chair Sarnoff Youre welcome
Commissioner Carollo RE16 Some time back you may remember that we brought a resolution with regards to baby changing stations And I am bringing this now before the Commission to approve the acceptance ofapproximately 40000for the baby changing stations the installation and everything that has to deal with baby changing stations Ithink the City Attorney needs toput a couple clarificationsfor the record But all Im doing is you know doing what Ipromised And itsfunny cause lately Ive been asked Commissioner are you
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fundraising already Have you started to fundraise And Ive said they only thingIve been fundraising is for baby changing stations So Im bringing it before this Commission andl hope Ihave your support
Chair Sarnoff All right
Julie O Bru City Attorney Yes For the record just to make it clear there were some modifications that were communicated by the Commissionersoffice that did not make it Actually it doesntchange the substance ofthe resolution Itjust clarifies thefact that were going to delete the words the installation and maintenance cause infact the monies are going to he usedfor any costs related to the baby changing stations And also that the monies are being raisedfront the private sector Thats in the first whereas Thank you
Chair Sarnoff All right Do we have a motion
Commissioner Carollo So move
Vice Chair Gort Second
Chair Sarnoff We have a motion and a second Any discussion Hearing no discussion all in favor please say aye
The Commission Collectively Aye
Chair Sarnoff Okay
END OF RESOLUTIONS
BOARDS AND COMMITTEES
BC1 RESOLUTION
12 01384
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN
APPOINTEE NOMINATED BY
Othon Castenada Mayor Tomas Regalado
12 01384 Arts CCMemopdf 12 01384 Arts CurrentBoardMemberspdf
Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote
Votes Ayes 3 CommissionersGort Sarnoff and Carollo Absent 2 Commissioners Suarez and Spence Jones
R130024
Chair Sarnoff Doyou want to start the PZ Planning Zoning Cause l think thats all we We could do letsdo the PZ
City of Miami Page 99 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Commissioner Carollo B as in boy
Chair Sarnoff No P P PZ Unless you want to do boards Does anybody want to do boards real quick
Commissioner Carollo Theres Ionly have one appointment to one hoard Imgoing to continue all ovine
Chair Sarnoff Is 11 worth doing Im thinking its not worth doing boards for right now Do you agree Willy or Lets go to the PZ andjust keep knocking out the agenda
Vice Chair Gort What is the wish ofthe Commission
Chair Sarnoff Doyou want to get to your one hoard
Commissioner Carollo Sure
Chair Sarnoff Go ahead Go with your board
Commissioner Carrillo I need to see which BC Boards Committees it isJim the Status of Women
Todd Hannon Assistant City Clerk Good afternoon Commissioners Chair if may The Mayor does have some appointments as well Itll take me two minutes tops to go through all of our appointments for today
Chair Sarnoff Go ahead
Mr Hannon Okay sir
Chair Sarnoff Youre wait a minute Somebody put the timer on
Commissioner Carollo Donthold him to the two minutes
Chair Sarnoff Oh we got to
Commissioner Carollo No donthold him to the two
Chair Sarnoff Hes not the Clerk yet so we can always evaluate him
Mr Hannon Commissioners BC1Arts and Entertainment Council Mayor Regalado will be appointing Othon Castenada
Vice Chair Gort Move it
Chair Sarnoff We have a motion
Commissioner Carollo Second
Chair Sarnoff and a second Allinfavor please say aye
The Commission Collectively Aye
BC2 RESOLUTION
City of Miami Pane 100 Printed on 2122013 City Commission Meeting Minutes January 10 2013
12 01172
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN
APPOINTEE NOMINATED BY
Chairman Francis Suarez
12 01172 Audit CCMemopdf 12 01172 Audit CurrentBoardMemberspdf
NO ACTION TAKEN
BC3 RESOLUTION
12 01473
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Civilian Investigative Panel
Civilian Investigative Panel
12 01473 CIP CCMemopdf 12 01473 CIP CurrentBoardMemberspdf 12 01473 CIP Memo and Resumespdf
NO ACTION TAKEN
BC4 RESOLUTION
12 01474
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Andres Lemos Mayor Tomas Regalado
Carlos Morales Mayor Tomas Regalado
12 01474 CRB CCMemopdf 12 01474 CRB CurrentBoardMemberspdf
Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote
City of Miami Pane 101 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Votes Ayes 3 CommissionersGort Sarnoff and Carollo Absent 2 CommissionersSuarez and Spence Jones
R130025
Todd Hannon Assistant City Clerk BC4Community Relations Board Mayor Regalado will be appointing Andres Lemos and Carlos Morales
Vice Chair Gort Move it
Chair Sarnoff We have a motion
Commissioner Carollo Second
Chair Sarnoff and we have a second Allin favor please say aye
The Commission Collectively Aye
Chair Sarnoff Okay
BC5 RESOLUTION
12 01173
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR ATERM AS DESIGNATED HEREIN
APPOINTEE NOMINATED BY
Margarita Fernandez Commissioner Frank Carollo
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Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be ADOPTED PASSED by the following vote Votes Ayes 3 Commissioners Gort Sarnoff and Carollo Absent 2 CommissionersSuarez and Spence Jones
R130026
Todd Hannon Assistant City Clerk BC5Commission on the Status ofWomen Commissioner Carollo will be appointing Margarita Fernandez
Vice Chair Gort Move it
Chair Sarnoff 1ll take that as
Vice Chair Gort Second
Chair Sarnoff a motion second Allin favor please say aye
The Commission Collectively Aye
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BC6 RESOLUTION
12 01181
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Chairman Francis Suarez
Commissioner Frank Carollo
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NO ACTION TAKEN
BC7 RESOLUTION
12 01470
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR ATERM AS DESIGNATED HEREIN
APPOINTEE NOMINATED BY
Commissioner Wifredo Willy Gort
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NO ACTION TAKEN
BC8 RESOLUTION
12 01182
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Chairman Francis Suarez
Chairman Francis Suarez
Vice Chairman Marc Sarnoff
Commissioner Wifredo Willy Gort
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Commissioner Wifredo Willy Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Michelle SpenceJones
AFSCME Local 1907
IAFF
12 01182 EOAB CCMemopdf 12 01182 EOAB CurrentBoardMemberspdf
NO ACTION TAKEN
BC9 RESOLUTION
12 01469
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Chairman Francis Suarez
Commissioner Frank Carollo
City Manager Johnny Martinez
12 01469 Finance CCMemopdf 12 01469 Finance CurrentBoardMemberspdf
NO ACTION TAKEN
BC10 RESOLUTION
12 01366
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Henry Goa Mayor Tomas Regalado
Bob Powers Mayor Tomas Regalado
Jose Solares Mayor Tomas Regalado
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12 01366 Homeland CCMemopdf 12 01366 Homeland CurrentBoardMemberspdf
Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote Votes Ayes 4 CommissionersGort Sarnoff Carollo and Spence Jones Absent 1 CommissionersSuarez
R 130027
Todd Hannon Assistant City Clerk BC10 Homeland DefenseNeighborhood Improvement BondProgram Oversight Board Mayor Regalado will he appointing Henry Goa Bob Powers and Jose Solares
Chair Sarnoff Do we have a motion
Vice Chair Gort Move it
Chair Sarnoff Do we have a second
Commissioner Carollo Second
Chair SarnoffAll infavor please say aye
The Commission Collectively Aye
BC11 RESOLUTION
12 00834
Office ofthe 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
12 00834 MSEA CCMemopdf 12 00834 MSEA CurrentBoardMemberspdf
NO ACTION TAKEN
BC12 RESOLUTION
12 01043
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN
City of Pane 105 Printed on 2122013 City Commission Meeting Minutes January 10 2013
APPOINTEES NOMINATED BY
Chairman Francis Suarez
Vice Chairman Marc David Sarnoff
Commissioner Frank Carollo
City Manager Johnny Martinez
12 01043 PRAB CCMemopdf 12 01043 PRAB CurrentBoardMemberspdf 12 01043 PRAB Resume for City Managers Appointmentpdf
Motion by Commissioner Carollo seconded by Commissioner SpenceJones that this matter be CONTINUED PASSED by the following vote Votes Ayes 4 CommissionersGort Sarnoff Carollo and Spence Jones Absent 1 CommissionersSuarez
Todd Hannon Assistant City Clerk BC12 one moment BC12 Parks Recreation Advisory Board Mr City Manager has nominatedfor Commission consideration and approval Paul Mann
Vice Chair Gort Move it
Chair Sarnoff We have a motion
Commissioner Carollo Second
Chair Sarnoff We have a second
Commissioner Carollo Im sorry Im sorry Say that again
Mr Hannon Yes sir Again BC12 is the Parks Recreation Advisory Board And Mr City Manager has nominatedfor Commission consideration and approval Paul Mann
Chair Sarnoff You want to defer that one
Commissioner Carollo Yeah
Mr Hannon We can continue it
Chair Sarnoff Were going to table BC12
Commissioner Carollo Thankyou
Mr Hannon Would you like to table or continue it
Commissioner Carollo Table it
Mr Hannon Table it yes
Commissioner Carollo Or continue ifthatsokay
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Chair Sarnoff We have a motion for continuance
Commissioner Carrillo Motion for continuance
Chair Sarnoff Is there a second
Vice Chair Gort Let me take out myfirst
Chair Sarnoff Oh Im sorry We have the maker tithe motion withdrawing We now have a motion to continue Is there a second
Commissioner SpenceJones Second
Chair Sarnoff Second All infavor please say aye
The Commission Collectively Aye
Chair Sarnoff Okay
BC13 RESOLUTION
12 01363
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD UDRB FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Chairman Francis Suarez
Chairman Francis Suarez
Commissioner Wifredo Willy Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
12 01363 UDRB CCMemopdf 12 01363 UDRB CurrentBoardMemberspdf
NO ACTION TAKEN
BC14 RESOLUTION
12 01362
Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN
APPOINTEES NOMINATED BY
Jose Fuentes Mayor Tomas Regalado
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Charles Flowers Commissioner Michelle SpenceJones
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Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter be ADOPTED PASSED by the following vote Votes Ayes 4 CommissionersGort Sarnoff Carollo and Spence Jones Absent 1 CommissionersSuarez
R130028
A motion was made by Vice Chair Gort seconded by Commissioner Carollo and was passed unanimously with Commissioner Suarez absent to appoint Jose Fuentes and Charles Flowers as members ofthe Waterfront Advisory Board further waiving the attendance requirements in Section 2886 ofthe Code ofthe City ofMiami as amended by afour fifths 45ths vote ofthe members ofthefull City Commission as it relates to past absences on recordfor Jose Fuentes and Charles Flowers as members ofthe Waterfront Advisory Board
Chair Sarnoff BC Boards and Committees Go ahead
Todd Hannon Assistant City Clerk BC14 Waterfront Advisory Board Mayor Regalado will be appointing with an absence waiver Jose Fuentes and Commissioner Spence Jones will be appointing Charles Flowers with an absence waiver
Vice Chair Gort Move it
Chair Sarnoff We have a motion
Commissioner Carollo Second
Chair Sarnoff and we have a second Allin favor please say aye
The Commission Collectively Aye
Mr Hannon Thankyou Commissioners
Chair Sarnoff All right Idontthinkwe beat the two minutes but they were good They didnt give you the time
END OF BOARDS AND COMMITTEES
DISCUSSION ITEMS
DI1 RESOLUTION
12 00657
RESOLUTION THE CITYS ADOPTION OF A TICKET POLICY
12 00657 Summary Formpdf 12 00657 Memo Citywide Ticket Policypdf 12 00657 Memos MiamiDade County 101112pdf 12 00657 Backup Information 062812pdf
SPONSORS OFFICE OF THE CITY MANAGER
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OFFICE OF THE CITY ATTORNEY
Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this matter be DEFERRED PASSED by the following vote Votes Ayes 5 Commissioners Gott Sarnoff Carollo Suarez and Spence Jones
Notelbr the Record Item DI1 was deferred to the February 28 2013 Commission Meeting
DI2 DISCUSSION ITEM
12 01387
Office ofthe City DISCUSSION REGARDING THE CURRENT CONDITION OF THE Attorney EXCAVATED CONSTRUCTION SITE PROPERTY LOCATED AT 1430 SOUTH MIAMI AVENUE MIAMI FLORIDA PICTURES AND PERMIT STATUS WILL BE PROVIDED BY THE BUILDING DEPARTMENT
12 01387 Memo Office of the City Attorneypdf
WITHDRAWN
Chair Sarnoff Okay Iam going to defer no Iwill withdraw discussion item D12
Commissioner SpenceJones DI2
Chair Sarnoff DI2 Its the excavation construction site at 1430 South Miami Avenue
END OF DISCUSSION ITEMS
PART B PLANNING AND ZONING ITEMS
Chair Sarnoff All right And then letsget into the PZPlanning Zoning agenda items
Maria J Chiaro Deputy City Attorney PZitems shall proceed according to Section 714of the Miami 21 Code Before any PZitem is heard all those wishing to speak will be sworn in by the City Clerk Staff will briefly describe each item as it is to he heard The members ofthe City Commission shall disclose any ex parte communications The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing The order ofpresentation shall he as described in the City code Members ofthe public will he permitted to speak on certain items The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action Any documents offered to the City Commission that have not been provided seven days before the meeting as part ofthe agenda materials will be entered into the record at the City Commissionsdiscretion
Chair Sarnoff All right So is it does the Administration wish to continue any PZitems
Francisco Garcia Yes sir For the record Francisco Garcia Planning Zoning director There arefive items that we wish to continue Iwill enumerate them They are PZ1PZ12 PZ 13 PZ14 and PZ15 We
Commissioner SpenceJones PZ1
Mr Garcia Yes maam PZ1 these would actually he Ithink the technically term is continued to the second meeting in February so that is February 28
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Commissioner SpenceJones Okay PZ1
Mr Garcia Yes maam PZ1 12 13 14 and 15
Chair Sarnaff All right Do we have a motion
Commissioner SpenceJones So moved
Chair Sarni f We have a motion by Commissioner Spence Jones
Vice Chair Gort Second
Chair Sarnaff Second by Commissioner Gort All infavor please say aye
The Commission Collectively Aye
Chair Sarnaff PZ7 and 8 are we goingforward with those
Mr Garcia Yes sir
Chair Sarnaff All right so lets start with PZ2
Mr Garcia I believe sir just to point out that you had or the Commission in fact had requested that PZ16he taken up at a time certain of 5 which is now that time or past that time So if wish to take that onefirst Ibelieve everyone is here to address that item
Chair Sarnaff How long Where are thefolksfor PZ16 How long will it take you to present Stand go up to the mike Address and tell us who you are
Anna Fernandez Brown Hi good afternoon Anna Fernandez Brown on behalfof Morningside Civic Association
Chair Sarnaff Okay
Ms Fernandez Brown Uninterrupted maybe 17 minutes Weve prepared a presentation
Chair Sarnaff Okay And how long for you all
Susan Trench Susan Trench 7335 Southwest 105 Terrace Depending on their presentation I would say weduse equal time
Chair Sarnaff Like time
Ms Trench Yes
Chair Sarnaff Okay 1 think we have a 530 Is it a time certain for the proto Theres a protocol item Iwas told Ibelieve its
Dwight S Dante City Clerk 530 yes
Chair Sarnaff The Tacnlcy UNINTELLIGIBLE
Commissioner SpenceJones We did that already
Chair Sarnaff No thats not it What is the 530
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Mr Danie Its the
Vice Chair Gort Its apresentation to an actor
Mr Danie Its thefilm its honoring thefilni industry The Last Stand
Chair Sarnoff We have a presentation at 530for the actors ofThe Last Stand
Mr Dante Right
Chair Sarnoff You guys want to try to get this done in 20 minutes or you want tojust So why dontyou let us do this Let us youre probably going to get reached well take you right after the presentation ofthe actors ofThe Last Stand and well take you just before the Ultra
Ms Fernandez Brown Okay
Ms Trench Thank you
M Fernandez Brown Thankvnu
Chair Sarnoff All right so lets do go ahead
Commissioner SpenceJones Iwas going to askyou a quick question Idontknow ifwe lost the two others Ijust asked the Francisco the director which were the noncontroversial items Doyou want tojust get those out o fthe wayfirst
Chair Sarnoff Ithink yeah thatsfine Ithink PZ2and PZ3Ithink are pretty noncontroversial asfar as I know Well you know what theyre Commissioner are they mine or are they
Commissioner Spence Jones You might want to ask Which ones
Mr Garcia Yes Item PZ2 is in District 3 and item PZ
Chair Sarnof Thatswhy Ididntwant to say it was noncontroversial without him being here
Commissioner Spence Jones Yeah he said it is
Chair Sarnoff It is Okay so letsdo PZ3 We know what that is thats mine
Mr Garcia Very well
Commissioner SpenceJones PZ3
Chair Sarnoff Yeah PZ3
Commissioner SpenceJones Okay And Mr Chairman Im going to be leaving so Ijust I was trying to get as many ofthem done so okay
Chair Sarnoff Tell me what you want to take well take them
Commissioner SpenceJones Okay
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Chair Sarnoff PZ3
Commissioner SpenceJones PZ3
Mr Garcia PZ3very well Let me ask and Iapologize if 1 have missed something Is it the case that everyone has been sworn in yet
Chair Sarnoff Yes they No
Mr Danie Not yet
Chair Sarnoff Do you want to take care ofthat
Mr Danie Yes Everybody who is going to speaking on a PZitem please stand and raise your right hand
The City Clerk administered oath required under City Code Section 621 to those persons giving testimony on zoning issues
Mr Danie Thank you
PZ1 RESOLUTION
1100714sc
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTSCLOSING VACATING ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF CURTIS LANE EAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE NORTH AND SOUTH SIDES OF CURTIS LANE EAST OF ROGERS ROAD MIAMI FLORIDA 1100714sc Department Analyses Mapspdf 1100714sc School Brd Concurrency PZAB Resospdf 1100714scApplication Supporting Documentationpdf 1100714sc CC FullyExecuted Legislation Ver 2 Exhibitpdf
LOCATION Approximately Curtis Lane East of Rogers Road and along the North and South sides of Curtis Lane East of Rogers Road Commissioner Marc David Sarnoff District 2
APPLICANTS Ben Fernandez Esquire on behalf of Stephen Bittel as Trustee of the Acme Real Estate Trust
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PUBLIC WORKS DEPARTMENT Recommends approval PLAT AND STREET COMMITTEE Recommends approval on July 7 2011 by a vote of 70 PLANNING ZONING AND APPEALS BOARD Recommends denial which failed to City Commission on April 18 2012 by a vote of 3 5 Recommends approval as a second motion to City Commission on April 18 2012 by a vote of 53
PURPOSE This will close and vacate Curtis Lane East of Rodgers Road and
City of Miami Page 112 Printed on 2122013 City Commission Meeting Minutes January 10 2013
two North South easements
Motion by Commissioner SpenceJones seconded by Vice Chair Gort that this matter be DEFERRED PASSED by the following vote Votes Ayes 3 Commissioners Gort Sarnoff and Spence Jones Absent 2 CommissionersCarollo and Suarez
Notefor the Record Item PZ1was deferred to the February 28 2013 Commission Meeting
PZ2 RESOLUTION
1200863sc
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS CLOSING VACATING ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET ATAPPROXIMATELY A PORTION OF SOUTHWEST 11TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND THE 195 EXPRESSWAY MIAMI FLORIDA 1200863sc CC 01 1013 Fact Sheetpdf 1200863sc Department Analyses Color Maps PZAB Resopdf 1200863scApplication Supporting Documentspdf 1200863sc FullyExecuted CC Legislation Version 2 Exhibitpdf
LOCATION Approximately a Portion of SW 11th Street between SW 3rd Avenue and the 195 Expressway Commissioner Frank Carollo District 3
APPLICANTS Vicente Arrebola PE on behalf of MiamiDade Water and Sewer Department
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PUBLIC WORKS DEPARTMENT Recommends approval PLAT STREET COMMITTEE Recommends approval on January 5 2012 by a vote of 60 PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on November 7 2012 by a vote of 100
PURPOSE This will allow the construction of a sanitary sewer pump station
Motion by Commissioner Carollo seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote Votes Ayes 4 CommissionersGort Sarnoff Carollo and Suarez Absent 1 Commissioners Spence Jones
R130023
Chair Sarnoff Okay 1 think we have
Commissioner Carollo Thank you
Chair Sarnoff PZ3which we tabled
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Commissioner Carollo Yes
Chair Sarnoff if1 remember
Francisco Garcia Director Planning The only item remaining is PZ2 in the PZ Planning Zoning agenda Mr Chair
Dwight S Danie City Clerk PZ2
Chair Sarnoff Im sorry PZ2 1 apologize right It was PZ2that was tabled Was it tabled Iguess it was tabled
Vice Chair Gort No we didnt
Commissioner Carrillo Yeah
Chair Sarnoff Oh it yours It was yours
Commissioner Carollo Yeah its an item in District 3 AndIwill yield to the director of Planning to present
Mr Garcia Thank you sir Briefly by way ofpresentation item PZ2is a proposal for a street closure You have it on your screens This is for ultimately this closure will he conducive to the construction ofthe sanitary sewer pump station at approximately Southwest 11th Street between Southwest 3rd Avenue and the 195 expressway Ill read briefly the history ofthe item The Public Works Department recommends approval The Planning Zoning Department has recommended approval Plat and Street Committee recommended approval by a vote of60 And the Planning Zoning and Appeals Board also recommended approval by a vote of10 0 By way ofbriefpresentation 1 will tellyou thefollowing First its worth noting that this closure was actually approved some time back slightly upward of aboutfour years ago And that approval by this Commission by yourpredecessor Commission was had lapsed which is why they are now coming back to seek once again the approvalfor the closure Because we understand that the closure will yield the construction ofa sanitary sewer pump station and because frankly we have some concerns about the appearance ofsome ofthese otherfacilities throughout the City and we have certainly advised the WASA Water and Sewer Authority applicants regarding this I wouldlike to emphasize that ifthis proposal is successful and the closure infact takes place the actual construction ofthefacility would itself have to go through a building permit ofcourse And as part ofthat building permit it would have to come to the Planning Zoning Departmentfar what we term a warrant Youre familiar with the process and that would require us to review itfar aesthetics for designfor contextuality I should also addfor the record that this particular area in the City of Miami is experiencing a significant amount ofgentrification and the WASA applicant has been advised that we will be very mindful ofthefact that the design ofthisfacility should be done with that very gentrification process in mind With that Ican present to you as a Commission that we think we have the tools necessary to ensure that thisfacility will ultimately he designed successfidly And Ihope we also have the commitment ofthe WASA applicants that that will be so With that Iyield to the applicants
Rafael Cabrera Good evening Commissioners Rafael Cabrera from MiamiDade Water and Sewer Department
Chair Sarnoff Next time when youre sitting you sat here for a long time 1 wish you had said something to me 1 would never make another an employee ofthe County sit far this length of time So if that ever happens again please come to me and say I dont want to take up your day doing this Iapologize to you
City of Miami Page 114 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr Cabrera Thank you Iappreciate it but it was also interesting and entertaining
Chair Sarnoff Well you know what that puts it all UNINTELLIGIBLE
Commissioner Suarez Wow
Commissioner Carollo Wait til you go to the Ultra Festival
Mr Cabrera O1r and the movie thing the actors and whatnot
Vice Chair Gort That was good We got all kinds ofthings happening here international city
Mr Cabrera As the director stated this is a very critical projectfor the department We need the mad closure in order to proceed with the platting aspect oftheproject which is whatIm in charge with And ultimately the City has the mechanisms to guarantee that the design the architectural style motif and whatnot will be complied with This application is strictly for the road closure and vacationing aspect ofit but its very necessary in orderfor us to continue And it takes a long time to build this facility and our time is ticking
Commissioner Carollo Mr Chairman
Chair Sarnoff Youre recognized far the record
Commissioner Carollo Thankyou Mr Chairman Ill he honest with you Mr Cabrera andI understand the urgency with this but Ihave had you know some real good discussions with our Planning director and Ive expressed which now 1 will express to you legitimately concerns with regards to aesthetics design Ive gone asfar as requesting pictures ofother sites to see what would he here So Iam leaning and yielding on him and his recommendation that there are certain securities there in place so that the design the aesthetic will not he something that will be an eyesorefor that community So again Iknow youre infront ofus in goodfaith and youre saying you know you will do whatever it takes in orderfor us to he able to move thisforward hut also have the protections and the assurancesfrom you that the City willfeel comfortable in thefuture with regards to how this will look
Mr Cabrera The department has contracted with a design consultant to design and address all ofthe Citysrequirements and concerns in that aspect
Commissioner Carrillo And ifI may Director Garcia and Ihate toput you in the spot but I have to Doyou feel therescertain theresenough protections there where l can feel comfortable that you can work with their design engineer or Idontknow what the technical name is but so that we also can establish a good design and aesthetic for that neighborhood Iunderstand thispump is needed but at the same time Iwant this to he a winwinfor all
Mr Garcia Yes sir Thankyou Commissioner Carnllo We have in the zoning ordinance of the City ofMiami more specifically in Article IV Table 12 afairly specific set ofdesign criteria which require that all structures that are subject to the warrant review process he contextual and that any potential adverse impact be controlled So I do believe that we have the tools in place to he able to review and ultimately approve should the design be successful a satisfactory facility That said and to addressyour concern should there be a proposalfor anything less than a desirable facility we also have the ability and the authority to deny They ofcourse have the right ofappeal but rest assured that we will exercise all proper scrutiny when this facility design comesforward
Commissioner Carollo With that statement and believing that Mr Cabrerasacting in good
City afMiami Page 115 Printed on 2122013 City Commission Meeting Minutes January 10 2013
faith Imove for approval
Chair Sarnoff All right We have a motion
Vice Chair Gort Second
Chair Sarnoff We have a second Public hearing is now opened Anyone from the public wishing to be heard on PZ2Hearing none seeing none coming back to the Commission Madam City Attorney it is an ordinance
Commissioner Corolla Its a resolution
Mr Garcia Its a resolution sir
Commissioner Carrillo Mr Chair
Chair Sarno Im sorry
Commissioner Suarez That used to happen to me all the time
Vice Chair Gort Resolution
Chair Sarno Is it a res Itsays ordinance on the top Which one is it a resolution or an ordinance
Mr Garcia PZPlanning Zoning resolution PZ2 resolution
Chair Sarnoff Okay Why does it say ordinance An 1 the only one PZ2right Just tellme why it says ordinance and why it says first reading
Mr Garcia Its item PZ2Itshould say resolution
Maria J Chiaro Deputy City Attorney In the agenda itself it says ordinance hut thepiece of legislation in your packet is a resolution Thatsan error on your agenda
Chair Sarnoff Oh okay
Vice Chair Gort Igot resolution
Commissioner Carollo So aye
Chair Sarnoff So it a resolution All infavor say aye
The Commission Collectively Aye
Chair Sarnoff Okay we have
Ms Chiaro Did you want me to read it anyway
Chair Sarnoff No No no no No and well get into whether Ithinkyou need to read ordinances or not hut thatsa whole different story Cause ifyou didnthave to read them wed get out an hour earlier
PZ3 RESOLUTION
1100910ac
City of Miami Page 116 Printed on 2122013 City Commission Meeting Minutes January 10 2013
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS CLOSING VACATING ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN ALLEY LOCATED
BETWEEN NORTHEAST 27TH STREET AND NORTHEAST 28TH STREET
FROM APPROXIMATELY 700 FEET EAST OF BISCAYNE BOULEVARD TO BISCAYNE BAY AKA NORTHEAST 27TH TERRACE MIAMI FLORIDA 1100910ac CC 01 1013 Fact Sheetpdf 1100910ac Department Analyses Color Mapspdf 1100910ac PZAB Resopdf 1100910acApplication Supporting Documentspdf 1100910ac CC Legislation Version 3 Exhibitpdf
LOCATION Approximately between NE 27th Street and NE 28th Street from Approximately 700 Feet East of Biscayne Boulevard to Biscayne Bay AKA NE 27th Terrace Commissioner Marc David Sarnoff District 2
APPLICANTS Javier Fernandez Esquire and Joel E Maxwell Esquire on behalf of Alpine Estates LLC
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PUBLIC WORKS DEPARTMENT Recommends approval PLAT AND STREET COMMITTEE Recommends approval on September 6 2012 by a vote of 6 0 PLANNING ZONING AND APPEALS BOARD Recommends approval with conditions to City Commission on December 5 2012 by a vote of 8 2 See supporting documentation
PURPOSE This will allow a unified development site which will include a Baywalk and better access to a new public park
Motion by Vice Chair Gort seconded by Commissioner SpenceJones that this matter be ADOPTED PASSED by the following vote
Votes Ayes 4 CommissionersGort Satnoff Suarez and SpenceJones Absent 1 Commissioners Carollo
R130012
Chair Sarnoff Okay PZ3
Francisco Garcia Director Planning Yes sir Item PZ3is before you as a resolution This would result in a unified development site and it is essentiallyfor the vacation and closure ofan alley approximately between Northeast 27th Street and Northeast 28th Street from approximately 700feet east ofBiscayne Boulevard to Biscayne Bay also known as Northeast 27th Terrace The Public Works Department recommends approval The Planning Zoning Department recommends approval The Plat and Street Committee met and recommended approval by avote of60 on September 6 And the Planning Zoning and Appeals Board also recommended approval with conditions The conditions being that a covenant be provided to profferpublic access and that access be allowedfrom Northeast 28th Terrace to Northeast 28th Street We concur with those conditions
Chair Sarnoff All right You want to make apresentation No Okay Would somebody make
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a motion
Vice Chair Gort Move it
Dwight S Dania City Clerk Excuse me You have a public hearing
Chair Sarnoff Well Icould do the motion then the public hearing
Commissioner Suarez Second
Vice Chair Gort Move it
Chair Sarnoff We have a motion and we have a second And public hearing Does anybody wish to be heard on PZ3
Armando Rodriguez Hi My name is Armando Rodriguez Im the president ofthe 27th Street Northside Neighborhood Association We are in support of this project And they have been very cooperative with the property owners in that area and we are in theprocess to close not only the area that they want in the alley but the whole alley that has been a problem for the neighbors in that particular section
Chair Sarnoff All right Thankyou Mr Rodriguez Anyone else wishing to be heard on PZ3 Hearing none seeing none the public hearing is now closed All in favor signify it by saying aye
The Commission Collectively Aye
Unidentified Speaker Thankyou Mr Chairman
Chair Sarnoff Thank you
PZ4 ORDINANCE Second Reading
1201180Iu
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AMENDING ORDINANCE NO 10544 THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1 2970 2996 SOUTHWEST 4TH STREET 2979 AND 2981 SOUTHWEST 5TH STREET AND 445 SOUTHWEST 30TH AVENUE MIAMI FLORIDA FROM SINGLE FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL AND 2 THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE MIAMI FLORIDA FROM MAJOR INSTITUTIONAL PUBLIC FACILITIES TRANSPORTATION AND UTILITIES WITHIN THE URBAN CENTRAL BUSINESS DISTRICT UCBD TO CENTRAL BUSINESS DISTRICT CBD WITHIN THE URBAN CENTRAL BUSINESS DISTRICT UCBD MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTED AGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
City of Miami Page 118 Printed on 2 122013 City Commission Meeting Minutes January 10 2013
12011801u CC 01 1013 Fact Sheetpdf 12011801u Analyses Color Maps School Brd Concurrencypdf 12011801u PZAB Resopdf 12011801u FullyExecuted CC Legislation Version 3 Exhibitpdf
LOCATION Approximately 1 29702996 SW 4th Street 2979 2981 SW 5th Street and 445 SW 30th Avenue Commissioner Francis Suarez District 4 and 2 The Western Portion of 195 NW 2nd Street and 200 NW 1st Avenue Commissioner Marc David Sarnoff District 2
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on November 7 2012 by a vote of 91 See companion File IDs 1201180zc and 1201180zt
PURPOSE This will change the above properties to 1 Duplex Residential and 2 CBD within the UCBD
Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote Votes Ayes 5 Commissioners Gort Sarnoff Carollo Suarez and Spence Jones
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Commissioner SpenceJones PZ4
Chair Sarnoff PZ Planning Zoning Youre readyfor PZ2Itsyour district
Commissioner SpenceJones Thats going to be
Chair Sarnoff Controversial
Commissioner SpenceJones Can we get the one
Chair Sarnoff Okay
Commissioner SpenceJones Can we get the noncontroversial ones cause Im trying to make sure you dontlose me before Ultra
Chair Sarnoff PZ4noncontroversial Mr Commissioner Suarez
Commissioner Suarez No Idontthink any ofmine are UNINTELLIGIBLE
Chair Sarnoff So lets do PZ4
Francisco Garcia Director Planning Thankyou Commissioner Items PZ4PZ5and PZ6
Chair Sarnoff All right
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Mr Garcia are all companion items so we would like to present them all to you together They are before you on second reading so these have been before you previously And this is what we call our biannual zoning and land use correction proposal And so what would like to do is basically gofirst through PZ4and tellyou that these are two proposed land use changes located one at 2970 and 2996 Southwest 4th Street 2979 and 81 Southwest 5th Street and 445 Southwest 30th Avenue and lots approximately near that area and also at 195 Northwest 2nd Street and 200 Northwest 1st Avenue These two land use changeproposals are respectively and here Im going to seek the assistance ofthe audiovisual departments Ithink theyre just so Ican show you the images on the screen and you perhaps you can follow along So if everything has worked out well this should be displayed now an your screens and hopefully soon here as well Iwill describe to you that the changes on thefirst set ofaddresses arefrom singlefamily residential to duplex residential in terms ofland use And as far as 195 Northwest 2nd Street and 200 Northwest 1st Avenue they arefrom central business district rather from CI or government institutional to central business district And we have the images now yes Theyre working on that Ill continue down the list and then well show you the images justfOr the sake ofefficiency The next item PZ5is aproposal for a series ofzoning changes Iwill describe them briefly They arefirstfor properties at Southwest 4th Street and 5th Street and 30th Avenue subset two arefor properties near the northwest corner ofSouthwest 27th Avenue and Day Avenue subset three arefor the north side ofBird Road between 37th Court and 37th Avenue subsetfour are for properties at 5808 Northeast 4th Court and 454 Northeast 58th Street subset five arefarproperties south ofTigertailAvenue between 27th Avenue and Mary Street and lastly subset 6 are the western portion of195 Northwest 2nd Street and 200 Northwest 1st Avenue Lastly PZ6is to update the Tigertail Avenue established setback area and reduce it to only that component which fronts a singlefamilyresidential area We still dont seem to have the images displayed I71 describe again to you verbally what the changes entail For subset one we are changing the zoning designation from T3 L to T3O That retains a density of18 units per acre For suhset two we are changing the zoning designationfrom T4R to T5 O For subset three we are changing the zoning designationfrom T5L to T5O subset four T5 R to T5 O subset six from CI to T680 O Again these items have been presented to you before We realize that we dont have the graphic support at this moment in time Perhaps you have been through them and you have some questions As soon as the images come up Im happy to go over them again
Chair Sarnaff All right
Mr Garcia Any questions Ican address presently
Chair Sarnoff No 1 remembered everything you said so
Mr Garcia For the record all the information is certainly in the backup material that you have and Iregret not being able to show it to you graphically on the screens
Vice Chair Gort Move PZ4
Chair Sarnoff All right we have a motion on PZ4Is there a second
Commissioner Suarez Second
Chair Sarnoff Second by Commissioner Suarez This is a public hearing Anybody wishing to be heard on PZ4please step up Hearing none seeing none the public hearing on PZ4is closed Madam City Attorney it is an ordinance
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez
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Dwight S Danie City Clerk Roll call
A roll call was taken the result ofwhich is stated above
Mr Danie The ordinance has been adopted on second reading 50
PZ5 ORDINANCE Second Reading
1201180zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114 BY CHANGING THE ZONING CLASSIFICATION FROM 1 T3 L SUB URBAN ZONE LIMITED TO T3 0 SUBURBAN ZONE OPEN AT SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE MIAMI FLORIDA 2 T4R GENERAL URBAN ZONE RESTRICTED WITH AN NCD3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO
T5 O URBAN CENTER ZONEOPEN WITH AN NCD3 COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT AT THE NORTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND DAY AVENUE MIAMI FLORIDA 3 T5L URBAN CENTER ZONE LIMITED TO T5 O URBAN CENTER ZONE OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE MIAMI FLORIDA 4 T5R URBAN CENTER ZONE RESTRICTED TO T5 O URBAN CENTER ZONE OPEN AT APPROXIMATELY 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET MIAMI FLORIDA 5 T5 L URBAN CENTER ZONE LIMITED WITH AN NCD3 COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT TO T5 O URBAN CENTER
ZONEOPEN WITH AN NCD3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT THE PROPERTIES SOUTH OF TIGERTAIL AVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET MIAMI FLORIDA AND 6 CI CIVIC INSTITUTION TO T680 0 URBAN COREOPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE MIAMI FLORIDA FURTHER IDENTIFIED IN EXHIBIT A ATTACHED AND INCORPORATED FURTHER THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A
BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE PURSUANT TO SECTION 7128B2HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMIS NEIGHBORHOODS RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS PURSUANT TO SECTION 7128B2SHALL NOT PROHIBIT PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7128G5FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO
REVERT ANY ACCOMPANYING FUTURE LAND USE CHANGE ALREADY
ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE
ZONING ATLAS OF ORDINANCE NO 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FUTURE LAND USE MAP MAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
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1201180zc CC 01 1013 Fact Sheetpdf 1201180zc Analyses Color Maps School Conc PZAB Resopdf 1201180zc CC Legislation Version 4 Exhibitpdf
LOCATION Certain Properties Citywide
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommended approval with modifications to City Commission on November 7 2012 by a vote of 100 See companion File IDs 12 011801u and 12 01180zt See supporting documentation
PURPOSE This will change certain properties to the zoning designation described above
Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote
Votes Ayes 4 CommissionersGort Satnoff Carollo and Suarez Absent 1 Commissioners Spence Jones
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Notefor the Record Please see item PZ4for minutes referencing item PZ5
Chair Sarnoff PZ5
Vice Chair Gort Move
Chair Sarnoff We have a motion
Commissioner Suarez Second
Chair Sarnoff and we have a second on PZ5Public hearing Anybody wishing to be heard on PZ5please step up Hearing none seeing none corning back to the Commission Madam City Attorney it is an ordinance
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez
Chair Sarnoff Roll call
Dwight S Dania City Clerk Roll call yes
A roll call vas taken the result ofwhich is stated above
PZ6 ORDINANCE Second Reading
1201180zt
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO 13114 THE ZONING ORDINANCE OF THE CITY OF MIAMI FLORIDA BYAMENDING ARTICLE 3 SECTION 336FENTITLED
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TIGERTAIL AVENUE BY UPDATING THE TIGERTAILAVENUE ESTABLISHED SETBACK AREA CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
1201180zt CC 01 1013 Fact Sheetpdf 1201180zt Color Maps PZAB Resopdf 1201180zt FullyExecuted CC Legislation Version 3pdf
LOCATION Approximately the SE Side of Tigertail Avenue between Darwin Street and Aviation Avenue Commissioner Marc David Sarnoff District 2
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on November 7 2012 by a vote of 91 See companion File IDs 12011801u and 1201180zc
PURPOSE This will modify the applicability of the Tigertail Avenue Established SetbackArea to allow for pedestrian friendly setbacks within the center Coconut Grove commercial area
Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote
Votes Ayes 4 CommissionersGort Satnoff Carollo and Suarez Absent 1 Commissioners Spence Jones
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Notefor the Record Please see item PZ4for minutes referencing item PZ6
Chair Sarnoff PZ6
Victoria Mendez Assistant City Attorney We also moved this one It an ordinance as well
Chair Sarnoff So all right We have a motion PZ6was a companion am 1 right It was
Francisco Garcia Director Planning Yes sir
Chair Sarnoff all three Okay
Vice Chair Gort Move it
Chair Sarnoff We have a motion by Commissioner
Commissioner Suarez Second
Chair Sarnoff Gort second by Commissioner Suarez PZ6public hearing is opened Anyone wishing to be heard PZ6please step up Hearing none seeing none corning back to the Commission Madam City Attorney it is an ordinance
The Ordinance was read by title into the public record by Assistant City Attorney Victoria
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Mendez
Dwight S Danie City Clerk Roll call
A roll call was taken the result ofwhich is stated above
Mr Danie The ordinance has been adopted on second reading 40
PZ7 ORDINANCE Second Reading
1201115Iu
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTSAMENDING ORDINANCE NO 10544 AS AMENDED THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3400 GRAND AVENUE MIAMI FLORIDA FROM RESTRICTED COMMERCIAL TO PUBLIC PARKS AND RECREATION MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTED AGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 12011151u CC 01 1013 Fact Sheetpdf 12011151u Analysis Color Maps PZAB Resopdf 12011151u FullyExecuted CC Legislation Version 2 Exhibitpdf
LOCATION Approximately 3400 Grand Avenue Commissioner Marc David Sarnoff District 2
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on October 17 2012 by a vote of 11 0 See companion File ID 1201115zc
PURPOSE This will change the above property to Public Parks and Recreation
Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote
Votes Ayes 4 CommissionersGort Sarnoff Carollo and Suarez Absent 1 CommissionersSpence Jones
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Chair Sarnaff Ithink what we have left is PZ9PZ10 PZ11 Is everybody okay with their blue page items
Commissioner Carollo Yeah deferring them
Chair Sarnaff Okay
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Unidentified Speaker PZ7
Chair Sarnoff PZ Planning Zoning Oh PZ7okay All right Youre ready Mr Director
Tice Chair Gort Ihave a couple ofblue which is very important to roe Theyre very short Its just a reportfrom the
Chair Sarnoff For your blue page
Tice Chair Gort Yeah
Chair Sarnoff Okay
Vice Chair Gort One ofthem is about what are they doing about employing people
Chair Sarnoff PZ7
Francisco Garcia Director Planning Yes sir Items PZ7and PZ8are companion items These are a land use change and a zoning change far the property at 3400 GrandAvenue Ill mention briefly by way ofbackground that thisproperty has been historically and continues to he in fact a smallpark services the Coconut Grove community For some time there was actually a zoning change in place that turned it into restricted commercial and T5O which allowsfor mixeduse development up to five stories That waspart ofthe Grove Tillage development proposal Since this particular parcel will no longer be needed for that it then should go hack revert hack to the park that it presently is For that reason we want to amend both the land use map and the zoning ordinance to reflect that this property shall be ifthis item is passed on second reading before you today aproperty with a land use ofpublic parks and recreation and a zoning designation ofcivic space which is once again parks and recreation Thatsall 1have by way ofbackground Ill also tellyou briefly that the Planning Zoning Department recommends approval The Planning Zoning and Appeals Board recommended approval by avote of11 0 on October 17
Chair Sarnoff All right
Tice Chair Gort Move it
Chair Sarnoff PZ1sic Let me PZ7Let me open up
Vice Chair Gort Move it
Chair Sarnof We have a motion by Commissioner Gort
Commissioner Suarez Second
Chair Sarnoff Second by
Commissioner Suarez We had said no objection at the last time right
Chair Sarnoff Suarez This is a public hearing Anybody wishing to he heardfor PZ7 please step up
Williams Armbrister Yes Thank you you wonderfulpeople for hearing me and keeping me here this long to speak on this item You know in 2010 there were two three meetings on this
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item PZAB Planning Zoning and Appeals Board Then we had an initial hearing where Commissioner Suarez Commissioner Carollo Commissioner Sarnoff and Commissioner Gore sicfelt that Gnrtfelt that it was in the hest interest ofthe City to take a community park and turn it over to a developer Now after the residents coining up here and staying until 130 in the morning asking you not to not only take the parkfrom the community to give to a developer but not to take a lot ofthe residential properties and give to developerfor commercial development And we foughtjar that and you it was as iffwe were not here You heard us but you werent listening And now that the developer is coming back and says Well we changed our mind You can have it hack now So is this going to he an ongoing practice nfthe City to take the public parks and give to the developers in anywhere in the City ofMiami notjust in the community that came up here and spoke in opposition to it Is this a practice that has been going on Can the residents ofthe City of Miami expect it to continue going on Or was thisjust an error on your behalf Because there was never anyjustification given for apublic park to be turned over to a developer Idjust like some clarity and a little understanding on your reasoning for going back andforth just hecause a developer desires were going to meet the desires ofdeveloper and ignore the taxpaying citizens Is this the trend we can expect with this dais Thatswhat Idlike to know
Chair Sarnoff Okay thank you Next
Mr Armbrister Will Iget a response
Chair Sarnoff You will Youll hear
Mr Armbrister Thank you Thankyou very much Idappreciate that
Chair Sarnoff Youre recognized for the record
Pierre Sands Okay thanks a lot Imjust a Ijust want to get clarity on that move also because you know the history ofthis the community opposed that changing of thatpark because it had historical and geographical significance to the community And so again we were disappointed when it was changedfrom a park status to whatever commercial or restricted commercial And so my question is you know why now are you going to revert it hack to the park status you know in lieu ofthe fact that you know its been business as usual there People meet there and they play the dominoes and its a very nice park So can you tellme why at this pointyou have decided to whatever it is change it back to the park status And you know is that any way reflecting your lack ofconfidence in theproject that was initially proposedfrom 2007 on to 2011
Chair Sarnoff Yeah 171 address that Anyone else wishing to be heard
Dwight S Danie City Clerk Sir could Iget your name for the record
Mr Armbrister My name
Mr Dante Yes
Mr Armbrister My name for the record the speaker before Pierre Sands was Williams Armbrister 3260 Thomas Avenue Thats in Miami Florida 33133 And Commissioner SpenceJones was present at that meeting also whenyou all agreed to turn over the park to a developer Thank you
Mr Sands Pierre Sands 3220 Matilda Street Coconut Grove
Chair Sarnoff All right So to the Commissioners ifyou dontremember this this was part of
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the project that was Peter Gardner And if recall this particularproperty was going to be a land exchangefor a park one block away which was about 50 to 60 percent larger which had significant enhancements with regard to what they were going to he placing in thatpark So any statements to the record that this wasjust taken away and nothing was given in its stead a larger tract of land one block to the north was going to become a park as part ofa sort ofan integrated project When that part ofthe project no longer was going to go through that it seemed logical toput it back to the status as a park Further any statements that the community was absolutely and utterly opposed is simply not correct cause you were all here and you saw predominantly it had a significant amount ofsupport But here is where it finds itself now Theresgoing to be no land exchange Theresgoing to be no larger park built Theresgoing to be no enhancement ofthat larger park so its stayingjust the way it was and were making sure that it remains apark
Vice Chair Gort This is the domino park
Chair Sarnoff Yes
Vice Chair Gort By the way that was created by myselfin the 90s
Chair Sarnoff By you
Vice Chair Gort The domino park yes Okay
Chair Sarnoff All right so is there a motion
Commissioner Suarez Yeah Ithink it been moved and second
Mr Danie Wait Did you close the public hearing
Mr Sands And Idjust like to say that the park should remain in its current location We never askedfor a trade
Chair Sarnoff Thank you
M Sands or anything ofthat nature Thankyou
Vice Chair Gort It is Its going to stay there
Chair Sarnoff All right So we have a motion and we have
Vice Chair Gort We did
Chair Sarnoff a second
Commissioner Suarez Got to close the public hearing
M Danie And close the
Chair Sarnoff Im sorry And the public hearing is now closed
Mr Sands One question Again you know Iwant to he specific about yourfeelings about the project In that the project hasnttaken place hasntbroken ground itsjust standing idle So is this your indication or demonstration thatyouve lostfaith in the project
Chair Sarnoff No This theproject changed Pierre from where it was when this wasfirst
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designated The projectsstill going forward As a matter offact theyre corning infor demolition permits Ibelieve in late Februaryearly March
Mr Sands Because whatyou said early on 2008 that if they had not broken ground had not done anything hadntdemonstrated that they had aflagship retail in there food store that everything all ofthe land these changes and the zone changes wouldrevert I mean are you willing to stand behind your word on that
Chair Sarnoff Well you got to read You canttake things out ofcontext Pierre And Idont want to get into a debate with you But this particular aspect ofthe project is not going to go forward The project changed in 2009 That project is proceeding for ward That project is coining infor demolition permits That project is corning inforpermitting So this particular piece ofproperty was no longer going to he exchanged for a larger park
Mr Sands Okay Iunderstand that part But as laypeople who are really truing to protect the interest oftheir community you know so many allowances or concessions was given to this project and this project has changed like an amoeba in its form
Chair Sarnoff It hasntchanged In terms ofwhat it looks like the scale is predominantly the same But you alsoforget to remember that in 2008 America experienced its greatest recession Idontthink any project in Miami really moved forward in 2008 2009 and the healing only really started to begin late 2010 2011 Youre its interesting to say well nothingshappened Youvejust had three years ofa huge four years ofa huge recession He is proceeding forward This particular tract of land ifyou remember when we wentforward in the 2009 change was no longer necessary It was not going to he the larger park Ifyou want me to say my vision is still Peter Gardnersprojectfirr the GrandAvenue it still is
Mr Sands Itwasn in a coma in 2008 Ido realize that we did have an economic crisis But the point is before the crisis this project was slated to have a whole lot ofzone changes due to the underground parking and all the rest of that And then even before the crash they changed it
Chair Sarnoff No not before the crash
Mr Sands They changed it
Chair Sarnoff Notbefore the crash
Mr Sands Yes Okay hut what Imjust saying is we you know Ijust want to he sure where you stand
Chair Sarnoff Thank you
Mr Sands Allright thank you
Chair Sarnoff My vision andyou could report that to everyone youdlike is still Peter Gardnersprojectfor Grand Avenue
Mr Sands Were not against development
Chair Sarnoff Got you
Mr Sands but you know what our position was We didntwant it impacting our community the way it had
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Chair Sarnoff Understood
Mr Sands Okay
Chair Sarnoff All right So we have a motion and we have a second Madam City Attorney it is an ordinance
The Ordinance was read by title into the public record by Deputy City Attorney Maria J Chiaro
Mr Danie Roll call
A roll call was taken the result ofwhich is stated above
Mr Danie The ordinance has been adopted on second reading 40
PZ8 ORDINANCE Second Reading
1201115zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTSAMENDING THE ZONING ATLAS OF ORDINANCE NO 13114 AS AMENDED BY CHANGING THE ZONING CLASSIFICATION FROM T5 O URBAN CENTER ZONE WITH AN NCD2 VILLAGE WEST ISLAND
AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO
CS CIVIC SPACE ZONE WITH AN NCD2 VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 3400 GRAND AVENUE MIAMI FLORIDA MAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
1201115zc CC 01 1013 Fact Sheetpdf 1201115zc Analysis Color Maps Updated PZAB Resopdf 1201115zc Executed CC Legislation Version 3 Exhibitpdf
LOCATION Approximately 3400 Grand Avenue Commissioner Marc David Sarnoff District 2
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on October 17 2012 by a vote of 11 0 See companion File ID 12011151u
PURPOSE This will change the above property to CS with an NCD 2
Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be ADOPTED PASSED by the following vote Votes Ayes 3 Commissioners Gort Sarnoff and Carollo Absent 2 Commissioners Suarez and Spence Jones
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Notefor the Record Please refer to item PZ 7for minutes referencing item PZ8
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Chair Sarnoff PZ8
Francisco Garcia Director Planning Commissioners item PZ8was presented along with PZ7 They are companion items So were ready to take a vote
Chair Sarnoff All right Is there a motion
Commissioner Carrillo Move it
Chair Sarnoff Theresa motion by Commissioner Carollo
Vice Chair Gort Second
Chair Sarnoff second by Commissioner Gort Madam City Attorney it is an ordinance Public hearing is opened Public hearing is now closed Madam City Attorney its an ordinance
The Ordinance was read by title into the public record by Deputy City Attorney Maria J Chiaro
Dwight S Danie City Clerk Roll call
A roll call was taken the result ofwhich is stated above
Mr Dante The ordinance has been adopted on second reading 3 0
PZ9 ORDINANCE Second Reading
1100806zt
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO 13114 THE ZONING ORDINANCE OF THE CITY OF MIAMI FLORIDA AS AMENDED BY MODIFYING ARTICLE 1 SECTION 12 ENTITLED DEFINITION OF TERMS AND ARTICLE 3 SECTION 363 ENTITLED ADDITIONAL OFF STREET PARKING REGULATIONS TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 1100806zt CC 01 1013 Fact Sheetpdf 1100806zt PZAB 1000963zt1 Resopdf 1100806zt FullyExecuted Legislation Version 3pdf
LOCATION Citywide
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD For File ID 1000963zt1 recommended approval to City Commission on May 18 2011 by a vote of 71
PURPOSE This will establish regulations and requirements for recreational watercrafts in T3 and T4 Transect Zones
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Motion by Vice Chair Gort seconded by Chair Sarnoff that this matter be ADOPTED PASSED by the following vote
Votes Ayes 2 CommissionersGort and Sarnoff Noes 1 CommissionersSuarez Absent 2 CommissionersCarollo and Spence Jones
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Direction by Chair Sarnoffto the Administrationfor the Planning Director to bring back an ordinance that addresses limitations regarding recreational vehicles in residential areas
Chair Sarnoff PZ9
Francisco Garcia Director Planning Item PZ9is an ordinance amending Miami 21 the zoning ordinance It is before you on second reading This is the ordinance pertaining to watercrafts for singlefamily residential properties I believe you are well acquainted with it Im happy to cover it in more detail ifyoudlike But also Im happy to answer any questions you may have
Chair Sarnoff All right Let me open up apublic hearing Anybody wishing to be heard on PZ9please step up Ms Solares youre recognized for the record
Grace Solares Thankyou Commissioner Thankyou Mr Chairman Thank you Commissioners Iappeared before the Commission when this matter came hefore you andl opposed it on behalf ofthe Roads Association This matter has been actually on the agenda many times Ihave not been here But Iwas watching this morning and Isaw that the items being continued was not this one so I needed to be here We continue to object to this The matter we do not mind the boats parking in the or being stored in the second and third tier but certainly in the front yard The Roads Association has kept or the Roads neighbors have kept that neighborhood neat all ofthis time We donthave rarely a boat somewhere in our section but to park it infront of in thefront yard Youre going to snake the City ofMiami look like a thirdworld country The only decent things youre going to have is going to be Brickell Avenue and that is notjust andfair Noiy youre allowingfor boats on this with this legislation youre allowing boats on thefront of the homes tenfeet away from the sidewalk Its going to be right on top ofthe sidewalk and on top ofthat in front ofthe houses Thatsgoing to look horrible Please Commissioners Iaskyou to he very careful in doing this The neighborhoods are going to actually be obliterated
Commissioner Carollo Mr Chairman
Chair Sarnoff Youre recognized
Commissioner Carollo Irespectfully request a deferral Im sorry a continuance Isnake a motion to continue this to the
Chair Sarnoff All right
Commissioner Carollo same like meeting
Chair Sarnoff Thatsfine Let me askyou something Mr Zoning Director or Imsorry Planning Director Presently right now there is no ordinance in place correct
Mr Garcia That is correct sir
Chair Sarnoff You could park a boat wherever you want right now
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Mr Garcia No sir Technically speaking it cannot be parked anywhere or stationed anywhere at all
Chair Sarnoff Cannot be
Maria J Chiaro Deputy City Attorney Cannot
Mr Garcia Cannot
Chair Sarnoff All right so we have a motion Do you want to be heard Mr Aguirre
Horatio Stuart Aguirre Iwould Thank you Mr Chairman and Mr Vice Chairman With all due respect Iagree with a lot ofwhat Director Francisco Garcia is saying and 1 agree with Ms Grace Solares but we do need an ordinance 171 give you a specific example Two housesfrom where Ilive there is agentleman that hasfour boats infront ofhis yard One ofthose darn things is over 30 feet long and its a work boat Its not a pleasure boat Its a commercial shrimper That doesntbelong in a residential neighborhood We do need an ordinance Five houses from where I live somebodys got a thirtysomething thirty fivefoot boat on a trailer with eight wheels Thatsa small destroyer That does not belong in a residential neighborhood That belongs in a marina Two houses in the opposite direction somebody has about three boats in theirfront yard and has about eight cars parked at night Igot to believe theyre running a business out ofthat house Idontknow what best not to ask You do need an ordinance Something needs to he done Now am I saying get rid ofboats Heck no definitely not Boating is as part of Commissioner Gort taught me how to water ski on his boat and that was a nice little family sized trailerable boat So we are infavor of 1 had a heck ofa time cause he didntknow Iwas blind and he couldntfigure out why Icouldntsee him you know But we do believe in boating but we dontbelieve that there ought to he marinas on peoplesfront yards Now is Franciscosplan perfect Probably not Is it the best workable solution For right now its a lot better than what you got right now which is nothing So Commissioner Carollo weve been working on this dealfor 14 Francisco 14 months
Commissioner Suarez At least
Mr Aguirre How much
Mr Garcia Slightly more than 14 months I guess there
Mr Aguirre Yeah 14 months
Commissioner Carollo And Grace hasntbeen able
Mr Aguirre I know Shell I know I can Ifeel Im not saying Grace is right by the way You shouldnthave a destroyer on yourfront yard especially when they come home with three Yami 250s and run them up to clean them out Iagree But we do need an ordinance and we need it right now
Chair Sarnoff But is there a way where we could one size does notfit all where various neighborhoods could have different motifs ifyou will
Mr Garcia Thank you for the question Commissioner because Ithink it allows nie to answer both your question and another related issue and it is this First to answer your question I suppose The only means through which we can study a proposal to have a boat on any residential property and this Ishould emphasize is onlyfar singlefamily residential properties the only way we can study each case on its merits on a casebycase basis is as we are proposing is in this ordinance through the warrantprocess What the warrantprocess
City of Miami Pane 132 Printed on 2122013 City Commission Meeting Minutes January 10 2013
allows us to do is to take into consideration the specific property its context and what possibilities there are to buffer screen mitigate the presence ofthat hoot in thefront yard so that it doesntadversely impact any ofthe abutting property owners This is why when it became to some extent clear that there might be a consensus to at least allowfar the possibility ofhaving boats in thefront yard we insisted time and time again that it should be done only through the warrant which allows them the Planning Zoning Department to study each proposal and find it desirable or not desirable Ishould emphasize also and addjustfor the record that as I think everyone well knows the warrant permits can in fact he appealed if anyone should find themselves put upon
Chair Sarnaff So effectively right now with the ability ofnot putting a boat anywhere we have a boat everywhere cause youre not enforcing that Am I right I mean isnt that the truth Youre telling me a moment Ithought Iwasjust the opposite Ithought we had no ordinance in place andyou could put boats Youre saying no theresno ordinance that allows you to put boats in the city on yourprivate property now right
Vice Chair Gort Theyre all illegal
Chair Sarnaff Theyre all illegal Theyre all illegal
Mr Garcia Right
Chair Sarnaff So theres no enforcement going on cause youre not going to enforce
Mr Garcia Well what Iwill tellyou is this Zoning Ordinance 11000 did allow them It allowed them only on the side yards and the rear yards Presumably then to some extent those which remain within those constraints may he construed as grandfather
Vice Chair Gort Right
Mr Garcia Butyou are correct Commissioner in saving that presently there are no provisions for hoots in front yards at all And to the extent that there are any infront yards throughout the city they would he not in compliance and subject to enforcement yes
Commissioner Carollo So something that its so out ofclass like what Mr Aguirre was saying could actually be cited correct
Mr Garcia Yes sir
Commissioner Carollo So you know right now something to that effect can be cited
Mr Aguirre It could he but thisfellows had this little marine operationfor over a year so its not being cited And by the way theresan economic cost to you because the property that property is probably being appraisedfor halfofwhat it might he iffit was kept residential with some semblance
Vice Chair Gort Im addressing that on my blue page
Mr Aguirre Huh
Vice Chair Gort Im addressing that in my blue page
Mr Aguirre Ill he with you 171 he Are we going to have blue pages today I thought we were deferring blue pages
City of Miami Pane 133 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Vice Chair Gort Just one
Chair Sarnoff Were going to have one issue
Vice Chair Gort I need one
Mr Aguirre One issue
Chair Sarnoff Imean Igot to tellyou weve beaten this thing up left and right and Iknow we just need to put it to a vote And you know Im not a boater so let me say that 1 happen to sort ofagree with Grace on this particular issue But Ihappen to thinkthe warrant process at least gives him the review to make a determination as to whether that Goat is sufficiently obliterated And Ron Nelson from my office who is a boater has convinced me that in certain Grove properties you can satisfactorily park your boat Iguess in the front and have it obliterated Ive seen it a couple times Ive also seen it when they dontdo it Ijust Idontknow how much longer we can go on
Mr Aguirre Yeah but Ill tellyou something Drive to Northwest 13th Street between 19th Avenue and 22 Avenue and youre going to see some abominations
Chair Sarnoff No and I
Mr Aguirre And by the way dontlimit it to boat Limit it to a guy that keeps a 40foot Winneba recreational vehicle that doesntmove for 20 years and is a rustedout hulk
Chair Sarnoff Now Ive had a couple ofthose in my neighborhoods
Mr Aguirre Yeah
Chair Sarnoff Ijust I dont know that were ever going to get an ordinance that every one of us is going to like and Ithink were just going to have to put this to a vote
Mr Aguirre But this is better than nothing and its a whole lot hotter than what you got now
Chair Sarnoff Okay You want to say anything Commissioner Suarez
Commissioner Suarez No Imean Ihave the same problem in my district Imean that people have boats andpeople are complaining about the boats that they have out there So Imean I had one Ihad a community meeting a couple nfdays ago and someone expressed anger over thefact that it wasntbeing you know nothing was being done about it So and the sentiment was well you guys haventpassed this ordinance So you know Im Illdo whatever you know the board you know wants to do on this issue Yes
Mr Garcia May Irespectfully suggest also as an option for consideration as this Commission has done in the past that hecause this is treading on uncharted waters to coin aphrase You may want to pass this on apilot basis and ask us to report back to you in some months time as to how it actually fared Because we are departingfrom the previous set ofregulations to one significant extent and that is that we are now for thefirst time allowing boats infront yards By the way and Ishould emphasize and specify not within thefirst tenfeet ofthefront yard but from the tenfoot line So there is a tenfoot setback that is mandatory and then from that tenfont line on so the remainder ofthe ten feet nfthefront yard it might he allowed so long as it is completely opaquedfrom view ofthe public rightofway subject to warrant subject to appeal So ifthis Commission deems that it is at least worth trying this and seeing whether it works or not perhapsput it on a trial periodfor some period oftime and then we can come back to you and report
City of Miami Pane 134 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff So what are you saying a oneyear two year sunset period
Mr Garcia Or simply a report At which point in time ifthe Commission finds that it has not been a succes experiment and there is a wish to have it revert back to the 11000 regulations that can be done also
Vice Chair Gort Let me ask you a question ifI may Mr Chairman andfor you to understand Ms Solares My understanding is ifyou wanted the storage the boat in thefront yard there are certain criterias sic that have to befollowed They have to be they cannot be seen from the rightofway The neighbors cannot see it Itsgot to be covered As Iremember when you brought that up there was have to be either with some kind ofa structure or landscaping but it have to be somewhere and that would have to go to a warrant
Mr Garcia That is correct sir
Vice Chair Gort Okay
Mr Garcia And Ishould emphasize that that warrant then allows abutting property owners to appeal it should they not be satisfied with the way weve recommended it be addressed
Vice Chair Gort Okay
Chair Sarnoff You want to make a motion
Dwight S Danie City Clerk Excuse me There is a motion on thefloor to
Chair Sarnaff No Theresa motion without a second
Mr Danie Without asecond Youre going to let it die
Chair Sarnoff So theresno so right now theresnothing
Mr Dante Right Okay
Chair Sarnoff Does anybody want to make a motion
Vice Chair Gort Move it
Chair Sarnaff All right We have a motion by Commissioner Gort 171 second it Well yeah you could do itnow Ill sec you can be the maker no let me give you so Ill second the motion
Commissioner Suarez Theres a motion a sec Ithink still remember how to do this Theres a motion and a second
Mr Dante And close the
Commissioner Suarez Roll Is this is it public hearing
Mr Dante public hearing
Chair Sarnoff Its an ordinance
Commissioner Suarez The public hearing is closed Roll call please
City nfMiami Pane 135 Printed on 2122013 City Commission Meeting Minutes January 10 2013
The Ordinance was read by title into the public record by Deputy City Attorney Maria J Chiaro
Mr Dante Roll call Commissioner Sarnoff
Chair Sarnoff Yes
Mr Dante Vice Chair Gort
Vice Chair Gort Yes
Mr Danie Commissioner Suarez
Commissioner Suarez No
Chair Sarnoff Okay
Mr Danie The ord
Chair SarnoffIm sorry go ahead Finish Iapologize go ahead
Mr Dante The ordinance passes on second reading 21
Chair Sarnoff Okay Would you now bring back to us a recreational vehicle ordinance or do we have one on the books
Mr Garcia Yes Im happy to do that sir
Chair Sarnoff Cause we may as well clean it all up And Ion Mr Aguirre is right You dont need we dont need to fix his boat issue to leave his recreational vehicle issue out there
PZ10 ORDINANCE Second Reading
1200929ct
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO 10544 AS AMENDED THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI BYAMENDING THE GOALS OBJECTIVES AND POLICIES OF THE PARKS RECREATION AND OPEN SPACE CAPITAL IMPROVEMENTS AND THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP ELEMENTS IN ORDER TO REVISE THE LEVEL OF SERVICE STANDARD FOR PARKS RECREATION AND OPEN SPACE FOR CONCURRENCY PURPOSES AS DIRECTED BY POLICY PR114 OF THE CITYS COMPREHENSIVE PLAN MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTED AGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
1200929ct CC 01 1013 Fact Sheetpdf 1200929ct PZAB Reso Reviewing Agency Ltrs Supp Documentspdf 1200929ct Executed CC Legislation Version 4pdf
LOCATION Citywide
APPLICANTS Johnny Martinez City Manager on behalf of City of Miami
City of Miami Pane 136 Printed on 2122013 City Commission Meeting Minutes January 10 2013
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on October 3 2012 by a vote of 82
PURPOSE This will amend policies of the Parks Recreation and Open Space the Interpretation of the 2020 Future Land Use Map and the Capital Improvements Elements of the Citys Comprehensive Plan
Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote Votes Ayes 3 Commissioners Gort Sat Suarez Absent 2 Commissioners Carollo and Spence Jones
13356
Chair Sarnoff All right PZ10
Francisco Garcia Director Planning Item PZ10 is before you on second reading as an ordinance This is a text amendment to the comprehensive plan of the City ofMiami And I would like to ask Rogelio Madan a senior planner within the Planning Zoning Department to make a briefpresentation
Rogelio Madan Planner IPlanning 1 dontknow if we can get the screen on
Vice Chair Gort Its got to be over there
Mr Madam Oh okay Well Ican read Itsjust a couple briefpoints Rogelio Madan with the Planning Zoning Department This is based on a study that was required by the comprehensive plan to update the level ofservice from being 13 acres per 1000 resident to something based on distance to ensure that all ofthe residents ofMiami have access to apark So were changing the level ofservice so that every resident so that 73 percent ofthe Citys residents will he within a ten minute walk ofany park ofa park within the City It also limits the impervious area ofa parkfor parks over one acre to 25 percent ofthe park area and anything above that has to go through a warrant process And thatsbasically the essence nfthe ordinance Ifyou have any questions let me know
Mr Garcia I would like to add that we are recommending approval ofcourse so did the Planning Zoning and Appeals Board by a vote of82 And this Commission approved it also on first reading
Vice Chair Gort Move it
Chair Sarnoff All right We have a motion
Commissioner Suarez Second
Chair Sarnoff We have a second Madam City Attorney it is an ordinance
Maria J Chiaro Deputy City Attorney Did we have the public hearing
Chair Sarnoff Oh Iapologize
Vice Chair Gort Yes Letsopen it
City of Miami Pane 137 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Chair Sarnoff Anyonefrom the public wishing to be heard on PZ10please step up Hearing none seeing none the public hearing is now closed corning hack to the Commission Madam City Attorney it is an ordinance
Dwight S Danie City Clerk Roll call
A roll call was taken the result ofwhich is stated above
Mr Dante The ordinance has passed on second reading 3 0
PZ11 ORDINANCE Second Reading
1200942zt
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO 13114 THE ZONING ORDINANCE OF THE CITY OF MIAMI FLORIDA BYAMENDING ARTICLE 3 ENTITLED GENERAL TO ZONES SECTIONS 331 AND 361 TO PROVIDE REGULATIONS FOR ACCESSORY PARKING CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
1200942zt CC 01 1013 Fact Sheetpdf 1200942zt PZAB Resopdf 1200942zt Executed CC Legislation Version 3pdf
LOCATION Citywide
APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on November 7 2012 by a vote of 100
PURPOSE This will clarify and modify regulations and processes to allow accessory parking that is adjacent to a principal use currently not provided in the Code Such parking is subordinate and incidental to the primary use that is located in a commercial corridor Such use is subject to either an administrative or public process depending on the zoning of the lot
Motion by Vice Chair Gort seconded by Chair Sarnoff that this matter be ADOPTED PASSED by the following vote Votes Ayes 2 Commissioners Gort and Sarnoff Noes 1 CommissionersCarollo Absent 2 CommissionersSuarez and Spence Jones
13359
Chair Sarnoff All right Now we have PZ11
Francisco Garcia Director Planning Yes sir Item PZ11 is also before you as an ordinance for second reading Iwould like to request Barnaby Min Zoning Administrator to present this
item
City of Miami Pane 138 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Barnaby Min Barnaby Min Zoning Administrator PZ11 is an amendment to theparking requirements in T3 and T4R transect zones to allow accessory parking byprocess ofexception if there was a legally built parking lot in the past Itis meant to carry over some ofthe SD12 language from 11000 into Miami 21
Vice Chair Gort Move it
Chair Sarnoff Is this have anything to do with the Upper Eastside
Mr Min It would assist properties with right now you currently have properties that have dual zoning Many properties are a T5 or T6 that also have a dual zoning ofT3 which does not allow accessory parking So theresbeen previously a zoning interpretation that says if the principal use is not allowed then the accessory parking is not allowed
Chair Sarnoff I remember that
Mr Min This is an option in order to allowparking lots
Chair Sarnoff All right
Mr Min accessory parking to come in
Chair Sarnoff So we have a motionfor PZ 11 Is there a second
Commissioner Carollo Idrather defer it my preference
Chair Sarnoff Second
Commissioner Carollo Theres a motion Is there a second Second by Chairman Sarnoff All in
Chair Sarnoff Open up apublic hearing close the public hearing
Commissioner Carollo Well hold on Is it an ordinance or
Mr Min Itsan ordinance
Commissioner Carollo And itsfirst reading or second
Mr Min Second
Commissioner Carollo Gotcha Anyone from the public wishing to speak on this item Is there anyonefrom the public wishing to speak on this item Hearing none seeing none public meeting sicJ is closed public hearing is closed coming hack to this Commission Madam City Attorney it an ordinance Couldyou please read it into the record
The Ordinance was read by title into the public record by Deputy City Attorney Maria J Chiaro
Commissioner Carollo Madam sic City Clerk
Dwight S Danie City Clerk Roll call
Commissioner Carollo Imean Mr City Clerk
City of Miami Pane 139 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Mr Danie Chair Sarnoff
Chair Sarnaff Yes
Mr Danie Vice Chair Gort
Vice Chair Gort Yes
Mr Danie Commissioner Carollo
Commissioner Carollo No
Mr Danie The ordinance has passed on second reading 21
PZ12 ORDINANCE First Reading
0600613Iu
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTSAMENDING ORDINANCE NO 10544 AS AMENDED THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BY CHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET MIAMI FLORIDA FROM PUBLIC PARKS AND RECREATION WITH AN URBAN CENTRAL BUSINESS DISTRICT UCBD OVERLAY TO RESTRICTED COMMERCIAL WITH A UCBD OVERLAY MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTED AGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
06006131u Analysis Mapspdf 06006131u Application Supporting Documentationpdf
LOCATION Approximately 20 SE 10th Street Commissioner Marc David Sarnoff District 2
APPLICANTS Iris V Escarra Esquire on behalf of Brickell Flatiron LLC and the City of Miami A Municipal Corporation
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on January 16 2013 by a vote of 100 See companion File ID 0600613zc and related File IDs 06006131u1 and 0600613zc1
PURPOSE This will change the above property to Restricted Commercial with a UCBD Overlay
Motion by Commissioner Spence Jones seconded by Vice Chair Gort that this matter be DEFERRED PASSED by the following vote Votes Ayes 3 Commissioners Gort Sarnoff and Spence Jones Absent 2 CommissionersCarollo and Suarez
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Notefor the Record Item PZ12was deferred to the February 28 2013 Commission Meeting
PZ13 ORDINANCE First Reading
0600613zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTSAMENDING THE ZONING ATLAS OF ORDINANCE NO 13114 AS AMENDED BY CHANGING THE ZONING CLASSIFICATION FROM CS CIVIC SPACE ZONE TO T648BO URBAN CORE ZONE FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET MIAMI FLORIDA MAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 0600613zc Analysis Maps Zoning Referralpdf 0600613zcApplication Supporting Documentationpdf
LOCATION Approximately 20 SE 10th Street Commissioner Marc David Sarnoff District 2
APPLICANTS Iris V Escarra Esquire on behalf of Brickell Flatiron LLC and the City of Miami A Municipal Corporation
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on January 16 2013 by a vote of 100 See companion File ID 06006131u and related File IDs 06006131u1 and 0600613zc1
PURPOSE This will change the above property to T648BO
Motion by Commissioner Spence Jones seconded by Vice Chair Gort that this matter be DEFERRED PASSED by the following vote
Votes Ayes 3 CommissionersGort Sarnoff and Spence Jones Absent 2 Commissioners Carollo and Suarez
Notefar the Record Item PZ13was deferred to the February 28 2013 Commission Meeting
PZ14 ORDINANCE First Reading
06006131u1
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AMENDING ORDINANCE NO 10544 AS AMENDED THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE
ACREAGE DESCRIBED HEREIN OF THE SOUTHERNMOST PORTION OF
REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE MIAMI FLORIDA FROM RESTRICTED COMMERCIAL WITH AN URBAN CENTRAL BUSINESS DISTRICT UCBD OVERLAY TO PUBLIC PARKS AND RECREATION WITH A UCBD OVERLAY MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTED AGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
City of Miami Pane 141 Printed on 2122013 City Commission Meeting Minutes January 10 2013
LOCATION Approximately 1001 S Miami Avenue Commissioner Marc David Sarnoff District 2
APPLICANTS Iris V Escarra Esquire on behalf of Brickell Flatiron LLC and the City of Miami A Municipal Corporation
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on January 16 2013 by a vote of 100 See companion File ID 0600613zc1 and related File IDs 06006131u and 0600613zc
PURPOSE This will change the above property to Public Parks and Recreation with an UCBD Overlay
Motion by Commissioner SpenceJones seconded by Vice Chair Gort that this matter be DEFERRED PASSED by the following vote
Votes Ayes 3 CommissionersGort Sarnotfand Spence Jones Absent 2 CommissionersCarollo and Suarez
Notefor the Record Item PZ14 was deferred to the February 28 2013 Commission Meeting
PZ15 ORDINANCE First Reading
0600613zc1
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114 AS AMENDED BY CHANGING THE ZONING CLASSIFICATION FROM T648B O URBAN CORE ZONE TO CS CIVIC SPACE ZONE FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE MIAMI FLORIDA MAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 0600613zcl Analysis Maps Zoning Referralpdf 0600613zcl Supporting Documentationpdf
LOCATION Approximately 1001 S Miami Avenue Commissioner Marc David Sarnoff District 2
APPLICANTS Iris V Escarra Esquire on behalf of Brickell Flatiron LLC and the City of Miami A Municipal Corporation
FINDINGS PLANNING AND ZONING DEPARTMENT Recommends approval PLANNING ZONING AND APPEALS BOARD Recommends approval to City Commission on January 16 2013 by a vote of 100 See companion File ID 06006131u1 and related File IDs 06006131u and 0600613zc
PURPOSE This will change the above property to CS
Motion by Commissioner Spence Jones seconded by Vice Chair Gort that this matter be DEFERRED PASSED by the following vote
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Votes Ayes 3 CommissionersGort Sarnoff and Spence Jones Absent 2 CommissionersCarollo and Suarez
Notefor the Record Item PZ15 was deferred to the February 28 2013 Commission Meeting
PZ16 RESOLUTION
0401208a
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS DENYING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION INC AND ROD ALONSO RON STEBBINS SCOTT CRAWFORD AND ELVIS CRUZ AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD IN ACCORDANCE WITH THE OPINION OF THE THIRD DISTRICT COURT OF APPEAL THEREBY APPROVING THE CLASS II SPECIAL PERMIT APPLICATION NO 030309 ISSUED ON JULY 21 2004 TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD MIAMI FLORIDA MORE PARTICULARLY DESCRIBED IN EXHIBIT A
0401208a CC 01 1013 Fact Sheetpdf 0401208a Zoning and Aerial Mapspdf 0401208a Court Orderspdf 0401208a ZB Reso Transcriptpdf 0401208a Appeal Ltr Final Decision UDRB Reso Zoning Referralpdf 0401208a CC Legislation Version 1 Exhibitspdf 0401208a SubmittalAttorney for Morningside Civic Associationpdf 0401208a Submittal Appellants Memorandumfpdf 0401208a Submittal Appellants Supplemental Memorandumfpdf 0401208a Submittal Elvis Cruz PowerPoint Presentationpdf
LOCATION Approximately 5101 Biscayne Boulevard Commissioner Marc David Sarnoff District 2
APPELLANTS Michael A Sastre Esquire on behalf of the Morningside Civic Association Inc Rod Alonso Ron Stebbins Scott Crawford and Elvis Cruz Adjacent Property Owners
APPLICANTS Susan E Trench Esquire on behalf of Chetbro Inc
FINDINGS PLANNING AND ZONING DEPARTMENT Recommended denial of the appeal and uphold the directors decision ZONING BOARD Denied the Class II Special Permit appeal on October 4 2004 by a vote of 8 0
PURPOSE The approval of this appeal will not allow the new construction of a mixed use structure
HISTORY 1 On November 18 2004 the City Commission granted the appeal 2 On December 9 2004 the City Commission reconsidered the item 3 On September 22 2005 the City Commission granted the appeal 4 On July 9 2007 the Zoning Board adopted the stipulation that the appellant and appellee agree that the decision of the Zoning Board is waived and that the
City of Miami Pane 143 Printed on 2122013 City Commission Meeting Minutes January 10 2013
permit be heard by the City Commission in accordance with the amended opinion of the Circuit Court Appellate Division dated July 14 2006 5 On October 7 2009 the Third District Court of Appeal ordered that the City Commission limit its review to the record of the Zoning Board 6 On February 28 2008 the City Commission denied the appeal 7 On May 27 2010 the City Commission denied the appeal 8 As a conclusion to the various appeals to the Circuit Court and District Court of Appeal a mandate was issued directing the City Commission to comply with the April 25 2012 Order of the Court
Motion by Chair Sarnoff seconded by Commissioner Suarez that this matter be ADOPTED PASSED by the following vote Votes Ayes 3 CommissionersGort Sarnotyand Suarez Absent 2 CommissionersCarol lo and Spence Jones
R130013
Chair Sarnoff Lets move on Letsdo the Morningside PZ16 item
Commissioner SpenceJones PZ16
Chair Sarnoff Yes
Commissioner SpenceJones Okay
Maria 1 Chiaro Deputy City Attorney Mr Chair 1 can introduce this item since 11 is primarily a legal item The matter is before you for action in a very limited way It is for action to comply with the mandate ofthe circuit court That mandate requires that the City Commission take action consistent with an order ofthe Third District Court of Appeal which directs you to grant a permitpursuant to its order The orders are in yourpacket and
Anita Fernandez Brown We are objecting
Chair Sarnoff Whoa whoa whoa whoa
Ms Fernandez 1 apologize
Chair Sarnoff Stop
Ms Fernandez Okay
Chair Sarnoff You dont object to the City Attorney speaking to us
Ms Fernandez 1 apologize
Chair Sarnoff You can have your say
Ms Fernandez Okay
Chair Sarnoff butdontob
Ms Fernandez 1 apologize
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Chair Sarnoff You can object to other counsel but dontobject to her
Ms Fernandez Okay
Chair Sarnoff Shell tell us what she thinks You can tell us how sheswrong but dontobject
Ms Fernandez Okay
Chair Sarnoff All right
Ms Fernandez Itwon
Ms Chiaro This
Chair Sarnoff Let her speak
Ms Chiaro Thank you Mr Chair This matter has been before the City Commission on several occasions before you It relates to an applicationfor a Class II Permit that was approved in 2004 then appealed by the adjacent property owners through the process Iwontgo through the procedural rulings ofthe court But we are back now to the City Commission for the third time in avery limited way The Third District Court ofAppeal as is indicated in the materials in your packet have directed this City Commission to grantthe Class 1I Permit as originally approved by the Planning director And the court in its ruling stated that if infact the court could grant thepermit it would but it is not the business ofthe court to grant permits and that the Third District Court ojAppeal directed the circuit court to issue a mandatefor this Commission to take the limited action as indicated in the ruling thats included in your packet One ofthe issues during this process was the kind ofhearing that was to he had hefore this Commission At the City Commission had at one point a de novo hearing which was determined not to be permitted by the court Your action today can take no new evidence And if you are to take any testimony whatsoever it is my advice to you that that testimony be non testimony but merely thepositions ofthe two attorneys related to the meaning ofthe court order You are at riskby doing anything that is in contravention to the court order since the court order was so strongly worded You are not to have an evidentiary hearing hut mere hut 1 my advice to the City Commission is that ifyou wish to hear from the parties it is through their representatives counsel or otherwise and it is only as to the meaning of the order of the court
Chair Sarnoff Okay All right who the appellant
Ms Fernandez Hi
Chair Sarnoff You are the appellant
Ms Fernandez We are yes Before Ibegin Ido want to apologize to the City Attorney for my objection My name is Anna Fernandez Brown Im representing Morningside Iapologize Civic Association along with nay cocounsel Mr Luis Fernandez 2250 Southwest 3rd Avenue Suite 303 Miami Florida And we are doing this pro bona Also with us is Mr Elvis Cruz whos appearingpro se And we haveprepared a presentation It is limited to all the material that has been established up to and including the Zoning Board hearing on October 4 2004 We have prepared some highlights ofwhich we have packets were handing out This is my little brother Mr Paul Fernandez Andyes everything thats in that packet has been established on the record up to and including the hearing ofOctober 4 2004 1 also submit for the record two memoranda which were delivered to the City Commission City Attorney City Clerk and opposing counsel on November 13 2012 and on January 9 2013 Also we do not agree with the City Attorneysstatement Itdoes harm our right to an impartial fair andfull hearing The
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Third DCAsDistrict Court of Appealsopinion clearly admitted that they do not have the authority to compel or control the outcome ofthis hearing today And the law is clear that this is a nonbinding opinion So moreover to the contrary the City Attorney should have informed the City Commission that the dicta was nonbinding and that they should not let that dicta prejudice their decision making at this rehearing And that ifthe City Commission incorrectly conducted a de novo hearing or made an unsubstantiated decision in the past those errors should not be repeated nor should those errors be errors prejudicially against the appellants at this rehearing So members ofthe Commission we are here today to respectfully request that you grant our appeal and deny the permitfor two reasons The first the City staff and the Zoning Board incorrectly allowed three separate undeniable and mathematical violations ofthe Code which are departures from essential requirements ofthe law And second the appellants were denied their due process at the Zoning hearing which then denied them any meaningful review at the Commission So at a minimum we are requesting that this matter should be returned to the Zoning Boardfor a rehearing should you not deny the permit on its facefor the clear violations So well begin with part one the three violations ofthe zoning code And it should appear on the screen Heresa zoning map ofthe site which shows two separate corner lots the applicant wishes to straddle with new construction Here is the site for the proposed building which is also on page 1 ofyour handout The buildingfronts on Biscayne Boulevard along the bottom of the drawing and has the single family neighborhood ofMorningside to the rear along the top of the drawing with the two side streets being 51st and 52nd Now please note that the entrances to the parking garage highlighted in hlue are on 51st and 52nd Streets Now on page 2 ofyour handout Section 401 requires a 20foot setback bothfront and rear when an R 4 building abuts an R 1 single family
Ms Chiaro Mr Chair andIapologize to you counsel Iwant to be clear as to what my advice was to this City Commission Inoticed before counsel made thepresentation there was something passed out to the City Commission Notwithstanding thefact that the City Commission has the discretion to accept material the court was clear that the City Commission may consider only the transcript ofthe Zoning Board in its review And the court has opined on what that transcript does It the City Commission may not consider any new evidence To reargue that which was before this City Commission before and argued in the appellate court is in contravention ofthe courtsorder Iknow that counsel is presenting evidence to you I caution you that consideration ofthat evidence is not in the contemplation ofthe courtsorder
Ms Fernandez Brown City Commissioner there is no new evidence that is being submitted with the court Everything thats in those handouts and everything that is presented in the presentation today is all evidence that has been established up to and including the October 4 2004 hearing before the Zoning Board
Chair Sarnoff Madam City Attorney has the argument shespresenting to us either been presented to the appellate court or has it been subsumed as a result ofthefailure to argue it
Ms Chiaro It has been argued to the appellate court by the appellants on two separate occasions The court has heard these arguments about the wrong application ofthe law three separate violations Those arguments were made during the appellate process
Chair Sarnoff So the very argument shes making to us here right now have already been argued to the appellate court
Ms Chiaro Yes and hence my interruption for you that you may not consider any arguments hut only the mandate ofthe court
Chair Sarnoff Okay
Elvis Cruz Can we continue
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Ms Fernandez Brown May we con
Chair Sarnoff Im going to let you do what you want to do with your ten minutes but Im and Imalso reading the mandate ofthe court as 1speak Do what you want to do with your ten minutes So Im not going to impede you
Ms Fernandez Brown Okay So hack to the screen from page 2 ofyour handout Section 401 requires a 20foot setback bothfront and rear when an R 4 building abuts an R 1 single family But the plans show only a 15foot setback along Biscayne Boulevard and only l0foot rear setback where it abuts the singlefamily In this picture the portions ofthe building with the red highlighting are in violation ofthe zoning code Those are zoning code violations one and two Section 90732also requires a 2 to 1 sloping vertical rear setback starting at 40feet up for any building which abuts a residential district Here is the north side ofthe building on 52nd Street which has the residential district on the left and Biscayne Boulevard on the right Here again the red highlighting shows the portions ofthe building in violation ofthe zoning code So there you have the three violations of the zoning code Omit setback of only 15 feet when it should be 20 a rear setback ofonly 10feet when it should he 20 and no vertical setback above 40feet where a 2 to 1 slope is required
Chair Sarnoff All right stop there Has that been argued to the appellate court
Ms Chiaro That specific argument I am going to check with the appellate I am told by counsel who handled the appellate matter that that was argued at the appellate court
Chair Sarnoff Continue
Ms Fernandez Brown Okay Now lets look at the plans more closely You can see the yellow highlighting where the north side is labeled as the front and the west side is labeled as thefront and the south side is also labeled as thefront of the building but no side is labeled as the rear The applicant would have you believe that this building on Biscayne Boulevard has threefronts yet no rear Why Has the applicant purposely misled sic this building hoping to evade the setbacks requirements at front and rear We anticipate that they will dispute what is thefront and the rear ofthe building as thefoundation oftheir argument so letsexamine that issue Your common sense tells you that thefront ofthe building is on the commercial corridor Biscayne Boulevard The name ofthe building as written on the plans is 5101 Biscayne Boulevard The mailing address would be 5101 Biscayne Boulevard The front door circled in green is a double door on Biscayne Boulevard There is no pedestrian entrance on 51st or 52nd Street only the parking garage ingress and egress Your common sense tells you that the rear Phis building abuts the singlefamily Morningside neighborhood opposite Biscayne Boulevard The rear has neither apedestrian entrance nor a driveway but it is labeled as a side The fact that the frontage is on Biscayne Boulevard was even confirmed by the applicants own testimony at the Zoning Board Onpage 47 ofthe transcript which is on page 3 ofyour handout a hoard member asked about ingress and egress The applicantsarchitect and attorney then confirmed three separate times that the ingress and egress were on quote the side streets As you have seen the plans show that the side streets to be 51st and 52nd Streets which confirms Biscayne Boulevard as the front and Morningside as the rear Therefore the Zoning Board believed it was approving a building with Biscayne Boulevard as thefront but theyfailed to apply the required setbacks which is a departure from an essential requirement ofthe law
Chair Sarnoff Wait stop right there Stop
Ms Fernandez Brown Yeah
Chair Sarnoff the time from running Was this argued to the appellate court
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Ms Chiaro Yes
Chair Sarnoff Thanks
Ms Fernandez Brown Now andfor the record we do disagree that it was argued before the board or before the appeal Now letsexamine how the zoning code determines the front First here is the legal description Itshows that the building site consists oftwo separate lots The zoning map which is on page 4 ofvour handout verifies two separate corner lots The plan is to build across those two lots the same way the existing motel was built The east and west sides ofeach corner lot which abut the neighborhood and Biscayne Boulevard are the narrower sides ofeach lot as confirmed by the plans Section 2502 defines thefront side ofa corner lot quote The frontage ofa corner lot shall be deemed to be narrower ofthe two sides abutting a street A corner lot as in singular Therefore the frontage ofboth separate lots on Biscayne Boulevard Please note that the definition ofa corner lot does not anticipate or mention a case like this where an applicant takes two separate corner lots and combines them then uses the definition as a tool against itself to change the location ofthe front thereby evading the letter and intent of the definition Moreover while the definition applies very well to a single corner lot in asituation where the abutting zoning is the same like inside a residential neighborhood it is important to note that the definition makes no mention ofa case like this one where two separate corner lotsfront on acommercial corridor and abut a residential zoning district at the rear and those lots may be combined On the zoning map notice how the two lots are colored yellow and have a diagonal striping which indicates they are in the SD9 zoning district which fronts all along Biscayne Boulevard Now notice the beige colored lots to the rear of the SD Special District zoning district This is an R singlefamily residential district Ido notice that we are running out oftime Ido want to putfbr the record that we were not given due process hut 1 will continue with the presentation
Chair Sarnoff How much longer wouldyou needfor your due process
Ms Fernandez Brown Were actually were a little more than halfivay done For due process it would probably take maybe two minutes but we do want to place on the record
Chair Sarnoff Well I want to give you your due process lll give you two more minutes
Mr Cruz No no Itllbe more than two minutes
Ms Fernandez Brown No no Im sorry Ithought you meantfor the two due process argument
Chair Sarnoff Oh Im sorry 1 thought you werentgetting due process
Ms Fernandez Brown We will be yeah Were getting to due process
Chair Sarnoff Go ahead
Ms Fernandez Brown The SD 9 zoning district modifies and supersedes other regulations On page 2 of the handout Section 60932 specifies the propertyfrontage is along Biscayne Boulevard Along Biscayne Boulevard the pedestrian open space at the ground floor frontage shall he so designed improved and located to provide an attractively landscaped appearance The frontage ofthese two lots two separate lots nn Bis is on Biscayne Boulevard as per the definition ofa corner lot and SD9 These two separate lots have not beenjoined in a unity of title but the applicant may try to convince you that because they plan to combine them as a single parcel with the narrowest side on 52nd Street conveniently misinterpreted to he the front they can therefore evade the neighborhoodprotecting greater setbacks required by 401 and 907
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even though that would result in a situation which negates the letter and intent ofthe zoning code in Section 120 with harmful overdevelopment and blocking oflight and air in the singlefamily zoning behind it Fortunately that maneuver is not allowed because while the definition ofa corner lot does not mention cases like this one where abutting lots have different zoning designations Section 90731 does quite specifically on page 2 ofyour handout quote Rules concerning
Susan Trench Excuse me Chair
Chair Sarnoff Yes
Ms Trench These last statements that are being made
Dwight S Danie City Clerk Excuse me
Chair Sarnoff You need to go up to the mike
Mr Danie Put your name on the record
Ms Trench Susan Trench These last statements infact are not included in the record anywhere about unity Ode et cetera That is not in our record and it inappropriate for them to be discussing it at thisjuncture
Ms Chiaro Thats correct
Ms Fernandez Brown We do have
Ms Chiaro The corner lot argument was not made before the appellate court Itwould be our position unfortunately that it is waived Remember Commission that the City was aligned with the homeowners group during this appeal We are unfortunately on the
Chair SarnoffMadam City Attorney is this thefirst argument that has not been previously addressed by the appellate court
Ms Chiaro Well this one in total was not addressed by the appellate court The previous argument may have been nuanced differently
Chair SarnoffIget
Ms Chiaro but it was
Chair Sarnoff Im assuming everything is nuanced every time its restated
Ms Chiaro This is thefirst argument that was
Chair Sarnoff But
Ms Chiaro not addressed at all during the appellate process
Chair SarnoffAppellate court okay
Ms Trench The corner lot argument justfor clarity was made Theyjust every time come up with some little tweak But we did argue the corner lot issuefive times
Chair Sarnoff Okay Igot you Imjust trying to categorize in my own mind their arguments
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and whether theyvebeen either determined by the appellate court or that they have been I dontwant to say waived cause thatsfor us to determine but whether they have been not presented before
Ms Fernandez Brown And Ido apologize we did try to bring up this argument and we did bring up this argument but we werentallowed to argue it And that goes to our due process argument which is coming very very very very shortly
Chair Sarnoff So you tried to argue this to the appellate court hut they said you waived
Ms Fernandez Brown We actually we tried to do this to the Zoning Board and we were denied our due process Well thats our argument that we were denied our due process and thatswhy we could not complete our argument
Chair Sarnoff Okay
Ms Fenrnandez Brown So to continue
Chair Sarnoff How much longer you got
Mr Cruz Ifwe dontget interrupted about anotherfive minutes
Chair Sarnoff Well
Ms Fernandez Brown You know Ican completely speed itup
Mr Cruz Just keep going Talk
Ms Fernandez Brown Okay
Chair Sarnoff You know the words ofJohn Boehner not that he the best guy to quote this isntthe easiestjob in the world But go Im going to give you another two minutes andfifty seconds and then Imgoing to cut you off
Ms Fernandez Brown Okay thank you
Chair Sarnoff So counsel as they say double pedal
M Fernandez Brown Okay AndIquote from 90731Rule concerning setbacks where abutting lots have different zoning designations In this type ofcase the most restrictive condition applies to all development on both sides ofthe district boundary Please notice that it doesntmatter whether the lots abut on the side or the rear only that they abut and only because they do in this case the most restrictive condition applies The language of90731 speaks broadly andforcefully to the intent ofrestricting overdevelopment in a case like this by enforcing the most restrictive condition which includes the required greater setback Now lets determine the rear ofthe properties From page 2 ofyour handout the definition ofrear yard in Section 2502 begins as quote Rear Yard See also Section 907 ofthis ordinance So the definition of rear yard incorporates Section 90732which is also on page 2 and it reads Rule concerning height ofbuilding abutting residential districts Where districts allowing building heights over 40feet abut residential districts on the rear such additional height shall set back 1 foot in horizontalfor every 2 additionalfeet in vertical dimension The key word here is districts In other words wherever a zoning district allows tall buildings above 40feet high and the zoning districts rear boundary abuts a residential district then those tall buildings are required to have an additional setbacksfrom the residential district beginning above 40feet of 1 foot horizontallyfor every 2feet vertically Please note that 90732is referring to the rear of
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a district as in a zoning district which in the case is the rear ofthe entire SD9 zoning district where it abuts the R 1 residential district Itappears that both the applicant and the zoning administrator misinterpreted 90732This is not a question ofwhether the rear ofa lot parcel or building abuts residential this is a question ofwhether the rear ofa zoning district abuts residential Therefore whether a tall building is required to have the additional setbacks is determined by the rear ofthe zoning district and not by the rear of a lot parcel or building or what an applicant might label as on the setplans
Mr Cruz Commissioners Elvis Cruz 631 Northeast 57th Street Miami the named appellant appearing pro se 1 hereby adopt the Morningside attorneystestimony andpresentation as my own We arefully aware ofthe Third DCAs opinion and have therefore only presented evidence from the record up to and including the Zoning Board For the Planning and Zoning director and Zoning Board to have allowed the setback violations to continue as an untouchable decision is an example ofa manifest injustice However in your capacity as an appellate body you have the authority to reconsider and correct an erroneous ruling that has become the law ofthe case where a prior ruling would result in a manifest injustice That is from Strazzulla versus Hendrick 177 Southern second Now ifmy attorney can continue we would like to present undeniable evidence which not only allows you to correct that manifest injustice it proves that the Zoning Board incorrectly affirmed the Planning and Zoning Directorsdecision to grant the permit In the case
Chair Sarnoff Theresstill more argument coming
Mr Cruz Yes sir And because we feel that this will likely go on appeal it is important to us to complete our record please
Chair Sarnoff How much more do you have counsel
Mr Cruz Weve got about another three minutes sir May I continuefor counsel since I am a named appellant
Chair Sarnoff Iwant you to do what you guys want to do
Mr Cruz Thank you sir Okay so lets go to slide number 43 excuse me slide number 44 Therefore whether a tall building is required to have the additional setback is determined by the rear ofthe zoning district and not by the rear ofa lot parcel or building or what an applicant might label a set ofplans Commissioners ifthe zoning code were to allow the combining oftwo corner lots and relabeling them as threefronts and no rear thereby evading the greater setback protections for singlefamily neighborhoods then both the letter and the intent ofthe law in Sections 120 401 609 907 and 2502 would become meaningless Yet that is exactly what has happened with these plans and this permit Perhaps most bizarrely the applicants and the Citys argument at the Zoning Board was based on a physical impossibility At the Zoning Board hearing the applicant argued and the City staffagreed that because the plans were approved by the ZoningAdministrator on November 20 2003 the building was therefore in compliance with all zoning requirements and iffwe disagreed we should have appealed at that time Thats a due process issue 171 cover shortly But the plans approved for this Class 1I Permit are dated June 30 2004 more than seven months later after they were substantially modified as both the applicant and City staffstated to the Zoning Board It is therefore physically impossible for the Zoning Administrator to have approved these plans for the simple reason that the Class II approved plans did not even exist on November 20 2003 and would not exist until seven months later The record shows that the extensive modifications included changing the setbacks yet there is no record that the Zoning Administrator rereviewed the plansfor zoning compliance after the modifications were made Therefore the Zoning Board made its decision to allow this permit based on altered inapplicable evidence that was not competent or substantial Furthermore that evidence included the previously described three departures from essential
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requirements oflaw therefore that decision should he reversed the appeal upheld and the permit denied as you are empowered to do under Section 2004 Now for the due process violations The Zoning Administrator approved thisproject as being in compliance with all zoning regulations on November 20 2003 as an administrative decision with no public notice When our attorney tried to bring up the setback issue at the Zoning Board hearing we were told by both the applicant and City staffthat it was too late to contest those violations because the Zoning Administratorsdecision should have been appealed at the time it was made even though we had not received any notice so we had no way ofknowing when our appellate rights had begun or would end Section 1801 provides a 15day appeal period after the Zoning Administratorsdecision but it does not require any notice to the public once the decision is rendered so the public would not know the 15 days has begun As a result we were denied review of these important issues That is a clear denial of dueprocess Thefirst time we received notice ofthe zoning decision was when the Class IIPermit was approved in July of 2004 which we promptly appealed Thus the only opportunity we could have had to review this unlawful decision was at the Zoning Board hearing hut the Zoning Board erroneously denied us the opportunity to be heard Public notice is an essentialpart ofdue process To the extent that the Citysown code and rules allowed this procedural result as the City staffargued those provisions violate dueprocess requirements The City staffwould have us believe that because the Zoning Administrator approved the plans without notice to the neighborhood or the public and subsequently no immediate appeal they must now turn a blind eve to the setback violations and eitherpretend they dontexist or accept them without anyonesability to contest them even though they have not yet been built Ifthat interpretation prevails then all decisions by the Zoning Administrator are effectively insulated from review because ofthe lack ofnotice unless the decision adversely affects the developer and not the public
Chair Sarnoff Stop right there
Mr Cruz Yeah
Chair Sarnoff Was that argued to the appellate court
Ms Chiaro What happened not quite that same way However this City Commission twice overturned what the Zoning Board did and granted to the petitioners that which the petitioners requested that is to overturn the permit So the argument was made with the City aligned with the homeowners association related to whether the permit should be overturned The City Commission did in fact overturn the granting ofthat permit The appellate court said the City Commission acted inappropriately for different reasons but twice the City Commission in its alliance with the property owners was reversed by the appellate court
Chair Sarnoff And Mr Chairman you were citing the Holiday versus Coral Gables about three orfour pages earlier
Mr Cruz I Well first ofall Commissioner may Irespond to that Because that was incorrect what wasjustsaid The City Commission did not deny the permitpreviously They approved the permit on the condition that it he limited to 35feet
Chair Sarnoff Okay
Mr Cruz Thatsa very important and key point And that 35feet argument was part ofa Section 1305 argument We are not making any Section 1305 argument today We are limiting our appeal today strictly to mathematical undeniable violations ofthe zoning code
Chair Sarnoff Okay Nowjust answer my question
Mr Cruz Yes sir
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Chair Sarnoff Did you cite Holiday versus Coral Gables about three pages back
Mr Cruz No sir 1 did not
Chair Sarnoff Okay just checking
Mr Cruz Okay slide 61 Ifthat interpretation prevails then all decisions by the Zoning Administrator are effectively insulated from review because ofthe lack ofnotice unless the decision adversely affects the developer and not the public Not only is this a violation ofdue processfor affected neighborhoods seeking review ofpossibly erroneous Zoning Administrator decisions it also raises significant equal protection questions Lastly the Zoning Board uses RobertsRules ofOrder At the Zoning Board hearing our attorney was prevented from giving his presentation because the applicantsattorney interrupted him as soon as he began and initiated a Motion to Dismiss even though an attorney appearing before the hoard is not allowed to make board motions only Zoning Board members are Strangely enough the chair and the City attorney allowed the motion to dismiss to proceed even though the concept ofa Motion to Dismiss does not exist under Roberts Rules of Order Our attorney voiced his objections on the record Nevertheless the Motion to Dismiss was heard and prevailed so we were preventedfrom presenting our fullcase at the Zoning Board This was a second denial ofdue process In summary Ihave shown you three undeniable departures from the essential requirements oflaw and how acombination ofdeceptive labeling failure to apply the law misinterpretation and a physical impossibility all within the context oftwo denials ofdue process resulted in the denial ofour appeal by the Zoning Board Im askingyou to please uphold our appeal and deny this Class II Permit If however the three setback violations have not convinced you then Iask that you remedy the due process violations by remanding this item back to the Zoning Boardfor a new hearing so that we have afull opportunity to he heard on this appeal at a meaningful time and meaningful manner Commissioner to answer your questionfrom earlier is it possible that you are thinking ofmy mention ofStrazzulla versus Hendrick 177
Chair Sarnoff What and youre citing itjar whatproposition departure ofthe essential elements oflaw
Mr Cruz Manifest injustice sir
Chair Sarnoff Manifest injustice
Mr Cruz Manifest injustice An appellate body has the authority to reconsider and correct an erroneous ruling that has become the law ofthe case where a prior ruling would result in a manifest injustice
Chair Sarnoff Thank you
Mr Cruz Thankyou sir
Chair Sarnoff Yes sir Your turn 1just didntknow why he was standing there Oh you were doing the slideshow Im son y Iapologize Go ahead
Ms Trench Thank you Commissioners Once again Susan Trench ofArnstein Lehr 200 South Biscayne Boulevard Every single substantive issue and every due process argument was argued not once not twice hut ad nauseum in five different replies to petition for certiorari in motions for rehearing in motions for clarification to the Third District They have all been heard There was UNINTELLIGIBLE three different times before this they raised these issues And ifyou wouldlook at all ofthe briefs everything has been argued And each time the Third District rejected the Morningside arguments on due process and substantive issues And this last
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time noted the impropriety ofallowing the association these respondents an additional bite at the apple not contemplated under either the Cityscode or the appellate pronouncements in this case They are simply coming once again and making the same arguments to you and that is just totally improper On the substantive issue ofthe setbacks Im hesitant to get into the argument because its been rejected already by the appellate court Suffice it to say that under the ordinances that were in existence at that time we satisfied all of the applicable setback requirements The ordinances specifically said that what theyre calling a rear yard is a side yard The Commission didntlike that ultimately Itgot changed but after us All ofthese ordinances were changed after us Ifthey had said what they say they say they would never have had to have been changed So they may argue common sense They may show you things on the map But ifyou look at the City code at that time we were in fullcompliance with everything that was required of us with respect to setbacks Asfar as subsequent changes in the project those changes were at the Citysrequest to diminish impacts not we didntincrease any impacts So we lowered the height we moved it back We did all those good things afterwards That certainly didntcall into play the Zoning Administratorsoriginal determination 1 want to talk briefon the due process issue because there was some misrepresentation as to what exactly occurred here Theres a big argument that when the Zoning Administrator made his determination that we complied with the setbacks they had no notice and no opportunity to appeal that and thatsabsolutely untrue And in fact in the transcript ofthe hearing before the Zoning Board and Im referring to that transcript atpage 8 M Dougherty who was representing the client at that time specifically testified that all abutting residences were given notice ofour appeal Imean our Class 1I Permit application And Im going to defer to herfor a moment to allow her to explain exactly what occurred at that time
Lucia Dougherty Good afternoon Mr Chairman and members ofthe Board Lucia Dougherty with offices at 333 Avenue ofthe Americas And today is the last stand day andI wish 1 could say this is going to be the last stand but this reminds me ofactually a roadrunner cartoon And the roadrunner goes off the cliff and he comes hack And he gets a dynamite in a stick of dynamite in his mouth and he comes hack And he is shot and hes poisoned and hes run over and he comes hack Well unfortunately this has been on yourplate four times and since 2003 But herestheprocess Before we file a Class II application we have to get whats called a referral letter and thatsstill the same process and thats what they refer to that they didnthave notice of But we get a class we get a referral letterfrom the Zoning Administrator still the same process And at the bottom ofthe letter it says the subject proposal has been reviewed by the Zoning division in the Planning Zoning Department It isfound to be in compliance with all applicable zoning regulation and requires a Class II Permit pursuant to the abovecited sections We then take this and we send notice to all abutting property owners and we send notices to all ofthe affected homeowners associations So in this case and Ihave a noticefrom the postal service and so does your Zoning Board your zoning Hearing Boards officer that they were all sent out on November 21 one day afterwards They were sent to the Morningside Civic Association signed by Gail Meadows received Palm Grove Homeowners Assoc Palm Grove Neighborhood Association signed by Ellen Bottari and it goes on So all ofthem received notices and some ofthem received some ofthem signedfor them one day later on 11232003 Itjust so happens that the home the Morningside Civic Association signed on 121 two days before they could have appealed if they wanted to The point is they get notice There is no due process violation They out and out didntlook at the file You can go in thefile I have a email electronic from the Zoning Administra Imean the Hearing Boards yesterday Isaid So when was they sent out Yesterday he says They were all sent out on November 21 which is the same as my records show as well as the Citysrecords So infact they were in fact notified ofthe Zoning Administratorsdecision prior to the time that they had to appeal in order to make to appeal that decision Then after that wefiled the application We have to go to the City first Its the same process now They have to determine that the application is in compliance with the zoning code including all the setbacks And then we have tofile the application Its only after that that wefile the application then it was decided you
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know seven months later
Ms Trench And it was because ofthat that there was a motion to dismiss ofthat part ofthe appeal because it was untimely that it was made at the Zoning Board and that is the reason it was granted And theres a lengthy discussion in the Zoning Board hearing transcript at page 26 by Ms Slayzk who was the Zoning Administrator explaining exactly that they did receive notice they didntappeal in their 15 days and they were done So that is really a nonissue at this point The courtsopinion here makes it clear that this permit should he issued and that they were directing the appellate division ofthe circuit court to enterits mandate sending it hack here to get the permit issued without any ofthe exceptions or the limitation which was effectively a denial of the permit Theyre lookingfor a de novo review again Its inappropriate Its time you know thefat lady has sung Its time to obey the rule oflaw that was set down by the Third District now three different times They talk ofmanifest injustice My clients and the owners ofthisproperty have been sitting with thisfalling down motel on this property now unable to do anything since 2003 because they think that every time if thenjust keep fighting us were going to give up and go away And were just were not we didntdo that and we prevailed And you know what its just it time to give it up J know youvechanged your rules since then butyou have toplayfair with us and apply the rules when we appliedfor this permit Thatswhat the courts found And on that basis were absolutely entitled to get this Class II Permit as it was approved by the Zoning Administrator and the Zoning Board Thank
you
Chair Sarnoff Thank you
Mr Cruz Rebuttal
Chair Sarnoff Ill give you one minute in rebuttal
Mr Cruz Sure Thank you Youve been misled by opposing counsel when they say that notice was given There is no notice given when a Zoning Administratorsdecision is rendered only when application is first made That is an administrative decision that takes place in an office And there is notice given when a Class II Permit is finally issued That was ourfirst opportunity to appeal and we took it We had no way ofknowing that aZoning Administrator decision had been rendered because we received no notice Thatsan essential part ofdue process Regarding new arguments the side streets statements by the appellant the applicants the attorney and the architect that is false testimony Either they were wrong or there was a lack of competent substantial evidence when they gavefalse testimony at the Zoning Board hearing and said that the 51st and 52nd Streets were side streets We actually agree with them we think they
are
Chair Sarnoff And in conclusion
Mr Cruz Andyes the last one is the physical impossibility thefact that the plans that were approved by the Zoning Administrator on November 20 were changed substantially and is a completely different set ofplans that were used to approve the Class II Permit Those are dated seven months later It is physically impossible for them to say that the Zoning Administrator approved the plans when those plans would not existfor another seven months Thank you
Chair Sarnoff You know Im actually very attracted to their argument Ithink the argument of Morningside is a very very interesting argument Ihave in some circumstances dealt with that argument on something that probably got me up here which was the Home Depot issue I thought it was always a very attractive argument And Imight be swayed by that argument ifI were Justice Wells Ramirez or Lagoa But Im not Justice Wells Ion certainly not Juan Ramirez and Im not Justice Lagoa And it pretty clear to me in this order that andIm going to read it to you Im going to read you the concurring opinion and Im going to read you the
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opinion ofthe court Ifwe were able to have the City Commission affirm the Zoning Boards determination the result would have occurred butfor this City Commissionserroneous de novo review almost eight years ago we would do so Ifvoujust read the opinion the concurring opinion ofJustice Wells The appellate divisionsdecision to affirm denial ofthis permit must thereby be quashed with instructions on remand to reverse the August 3 resolution and remand to the City Commission forfurther legislative action consistent with the statements made herein I you know Ialways wondered cause my vision is not this building Ill be candid with you Ms Bench sic My vision has never been highrises next to R 1 neighborhoods and Iget to go hack to myfamous R 1s cause theyre a lot easier to talkabout than T3s This doesntcomport with what l establishedfor a historic district But 1 think l took an oath tofollow the rule oflaw as a lawyer and Ihave no choice but to follow that rule oflaw here Ithink Ihave to listen to the City Attorney andIm noticing that its John Greco running back andforth to Maria Chiaro whossitting in for the City Attorney John Greco is a star in my opinion He is a great appellate lawyer Ihave never known John Greco to exaggerate Ihave never known him to lie Ihave never known him to give any kind ofmisleading statement to me And Ihave read Morningsidesbrief 1 would be attracted to Morningsidesbrief but Pm not Justice Wells Ramirez or Lagoa And Ithink they have read this and Ithink they have entertained this And the pitfalls ofappellate procedure are most ofus trial lawyers know to stay awayfrom it because we always seem to waive things And we waive quite afew things because you dontbring them up at appropriate times or dontargue then correctly And thatswhy appellate lawyers exist I feelfor Morningside This is not my vision But Ithink the only thing to do in this circumstance is to apply the mandate and rule oflaw ofthe Third DCA So Im going to hand over the gavel to Commissioner to the Vice Chair and Imgoing to ask the City Attorneyfor the appropriate resolution
Ms Chiaro The appropriate resolution is in yourpacket It is a resolution denying the appeal and granting the permit
Chair Sarnoff And that is my motion
Vice Chair Gort Theresa motion Is there a second
Commissioner Suarez Second itfor discussion
Vice Chair Gort Discussion
Commissioner Suarez Thankyou And Idontwant to have too much discussion on this Ijust nay understanding is that if we take any action inconsistent with the court order theresa possibility that we could he held in contempt ofcourt
Ms Chiaro I have not said that on the record but infact it is my opinion that the court does have the ability to hold this Commission as a whole in contempt or the Commissioners individually in contemptfor failure to comply with its mandate
Commissioner Suarez AndI think we also Ithink Imean Iknow this Commission supported the civic associationsefforts to go back on this issue And Ithink it was obviously a prior Commission that did it once before But this current Commission also did it
Ms Chiaro Yes sir We were aligned with the homeowners association all along We adopted their brief Wefiled a brief ofour own but in fact adopted the arguments ofthe homeowners association We fought the goodfight and the court chose to rule the way the court ruled
Commissioner Suarez And just to talk policyfor a second and talk about what the Chairmans vision isfor that area I think one ofthe things about Miami 21 like it or not like it or dislike it as a code is that it does things in a more visionary fashion in a way where things are done on
City of Miami Pane 156 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
transect basis versus property by property basis so you have an opportunity and you know Imgetting a little bit off the topic but you have an opportunity to have a visionfor a certain corridor or commercial corridor and have it built within the confines ofthat vision So it appears to me that legislatively this body has also taken some steps to prevent something being done that is contrary to the vision ofthe body and certainly the district Commissioner
Vice Chair Gort Im not an attorney but what Im hearing is my understanding this application began in 2004 before Miami 21 1 think were going to have a lot ofthose things that certain permit were awarded according to older regulations And ifwere ordered by the courts 1 mean 1m not a lawyer but Im listening to you guys So its a motion and a second Anyfurther discussion Being none all in favor state it by saying aye
The Commission Collectively Aye
Vice Chair Gort Thankyou
Chair Sarnoff Okay I think were going to do
Ms Dougherty Thank you very much
Chair Sarnoff You want to does anybody want to takefive Want to takefive minutes no yes Youre okay ifyoure okay letsgo through it Itsgoing to be a realfive Does anybody need an interpreter No Okay
END OF PLANNING AND ZONING ITEMS
MAYOR AND COMMISSIONERS ITEMS
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS
DISTRICT 1
VICE CHAIR WIFREDO WILLY GORT
D11 DISCUSSION ITEM
12 01433
UPDATE BY THE ADMINISTRATION REGARDING A SUCCESSION PLAN
FOR REPLACING DEPARTMENT DIRECTORS AND EMPLOYEES
SCHEDULED TO RETIRE WITHIN THE NEXT TWO YEARS AS A RESULT OF THE DEFERRED RETIREMENT OPTION PLAN DROP
12 01433 Email Update A Succession Planpdf
DISCUSSED
Chair Sarnoff Commissioner Gort Iknow you have your blue page item
City of Miami Pane 157 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Vice Chair Gort This will he very quick It an update ofthe Administration regarding the succession plan far replacement department heads and employees that going to he leaving within the next two years And by the way we also the something we have to deal with Were going to have at least about three or four attorneys leaving within the next six months
Chair Sarnoff Oh theyre a dime a dozen
Vice Chair Gort And thatssomething we have to do
Chair Sarnoff Lots oflawyers Theyre like
Anthony Hatten Excuse me Anthony Hatten union president Local 1907 Were still having problems on hiring 911 operators and crime scene investigators And this has been going on forever We need to put it in high gear and
Vice Chair Gort Thats why Im askingfor a report every week every Commission meeting
Mr Hatten Idontknow whatsholding up the process but Ive been waiting for thisfor months
Vice Chair Gort Okay
Mr Hatten and nothing seems to be getting done
Commissioner Carollo And by the way remember before a police officer goes to the call I mean this is the first line This is you know who receives the calls
Vice Chair Gort Thats it
Commissioner Carollo And in all fairness let me speak a little hit about this It also officer safety you know public safety Because a lot ofthe times and you know being a former police officer youre depending especially on dangerous calls on the information that this dispatcher can obtain and then deliver to you in a highly stres situation So in all fairness this is I think extremely important
Mr Hatten Were getting a high rate ofillness and over and a lot ofovertime on top ofthis where we canjust iffwejust get these people hired well save on overtime And a lot ofpeople are calling in sick because theyre getting burnt out
Vice Chair Gort Right Okay
Commissioner Carollo Chief
Vice Chair Gort No no Wait a minute
Commissioner Carollo UNINTELLIGIBLE on time
Vice Chair Gort No no This is a different report not you
Beverly Pruitt Director Human Resources UNINTELLIGIBLE
Vice Chair Gort Yes Imean what are we doing to expedite And what one ofthe things Ive been askingfor the last six months or a year is what can we do to expedite What can we change to he able to hire people a lot quicker
City of Miami Pane 158 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Ms Pruitt Beverly Pruitt Human Resources director In reference to the hiring process weve discussed the steps involved in hiring In regards to the dispatcher and the crime scene investigator when HR Human Resources receives the request from the department we recruit and screen the applications and we send those to the department Iwould need to check with Chief Orosa to see what their work has done on the on those positions
Vice Chair Gort How long does it take foryou to get the documentation andpass it on to the Chief
Ms Pruitt Usually it takes us two weeks the posting takes place and then the screening of those applications is usually approximately two weeks depending on the volume ofapplications received
Vice Chair Gort What
Chair Sarnoff Somethingsbroken
Vice Chair Gort can we do to expedite it
M Pruitt It would depend on which position youre speaking ofbecause there are specifications within the civil service process that requires steps involved in the hiring process
Vice Chair Gort My question whatIve been asking is ofeveryone what do we need to do to change those whatever the requirements are to expedite the hiring ofthe individuals
M Pruitt Thatssomething that Iwould needfrom the directors because they are part ofthat
process
Vice Chair Gort Okay
Ms Pruitt ofgetting the persons hired
Vice Chair Gort Iam going to be sending a email electronic to you Im going to request to the Labor Relations Committee that I had to have a meeting with all ofdirectors and have the your department present and see ifwe can come up with a solution okay
Ms Pruitt Yes whatever suggestions
Vice Chair Gort Ive been asking the directors come up with suggestions so lets have that meeting
Chair Sarnoff Mr Manager you got to pay attention to this you really do Its part tithe police Itspart ofthe 911 Itspart ofthis issue And we need you We dontneed directors anymore We need you This needs your personal
Vice Chair Gort Thank you
Chair Sarnoff attention because you have away ofunclogging the clog
Vice Chair Gort My second item Ill he dealing with that directly
Mr Hatten Okay thank you
D12 DISCUSSION ITEM
City of Miami Pane 159 Printed on 2122013 City Commission Meeting Minutes January 10 2013
12 01465
DISCUSSION RELATING TO THE NW 22 AVENUE RIVER TERMINAL
12 01465 Email NW 22 Ave Terminalpdf
DISCUSSED
Vice Chair Gort My second item is the Iwould like to know we have sinceIgot elected in 2010 Ive had aproblem with the terminal at Northwest 22nd Avenue and 14th Street We have to call the police Theresone ofthose terminal on the river They block traffic They have all kinds ofviolations I know we put a whole team together They went in there did some inspection Idlike to have thefollow up ofthat inspection My understanding there was a lot of violations and Iwant to know ifthey complied with all the violations
Barnaby Min Barnaby Min Zoning Administrator 1 believe back in September or October there was a joint inspection done with a number of City departments as well as thefederal government There were some minor infractions that were found by
Vice Chair Gort Minors
Mr Min Minor infractions Code Enforcement which were immediately resolved as well as 1 believe the Coast Guard and ICE Immigration and Customs Enforcement and those were and DERM Department ofEnvironmental Resources Management and those were also immediately resolved There were some minor building permit issues that Ithink it simply a matter ofclosing out the permits But because there were no life safety issues the building official and Idontwant to misspeakfor him hut the building official did not think it was necessary to vacate the premises
Vice Chair Gort My understanding is you have to have ingressegress in that facility You have two entrance and exit That is not being enforced
Mr Min IfI
Vice Chair Gort In the original plans Iknow they were made maybe 20 years ago
Mr Min Idontrecall looking at the plans When Iwas there for the inspection Irecall only one entrance which was being used for both ingress and egress
Vice Chair Gort Right
Mr Min Unfortunately I dont know ifthat is in compliance with the plans cause like Isaid Ive not seen the plans But 1 will certainly follow up with Code Compliance and the Building Department to ensure that iftheresbeen any deviation that they get the proper permits
Vice Chair Gort We need tofollow that up because we get the 1 get calls just about every other day every time theres a ship coming in and theres trucks blocking the streets and so on And we need to do something
Mr Min Iwill certainly follow up with Mr Diaz and his department
Vice Chair Gort Okeydoke Thankyou Yes sir
Chair Sarnoff All right
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Horacio Stuart Aguirre Mr Chairman very briefly Horacio Stuart Aguirre as chairman of the Miami River Commission 1407 Northwest 7th Street Vice Chairman Gort is referring to the commercial cargo terminal on Northwest 22 Avenue and 14th Street on the south side ofthe bridge That property is not owner occupied Its rented to a tenant Hesgot a lease The landlord has been doing everything possible to change the way that tenant does business or to evict that tenant Florida is a very tenantfriendly state and but we do celebrate and applaud Commissioner Gortsconcerns Ihappen to live in that neighborhood And anything you can do to alleviate that problem would he appreciated
END OF DISTRICT 1
DISTRICT 2
CHAIR MARC DAVID SARNOFF
D21 DISCUSSION ITEM
12 01391
DISCUSSION ON DEMOLITIONS PERFORMED WITHOUT PERMITS
ANDOR CERTIFICATES OF APPROPRIATENESS 12 01391 Email Demolitions Performed without Permitspdf
DEFERRED
Notefor the Record Item D21was deferred to the January 24 2013 Commission Meeting
D22 DISCUSSION ITEM
12 01397
DISCUSSION ON TRASH HOLES
12 01397 Email Trash Holespdf
DEFERRED
Natefor the Record Item D22was deferred to the January 24 2013 Commission Meeting
D23 DISCUSSION ITEM
12 01398
DISCUSSION ON RESIDENTIAL PROPERTIES RENTED FOR COMMERCIAL PURPOSES 12 01398 Residential Properties Rentedpdf
DEFERRED
Notefor the Record Item D23was deferred to the January 24 2013 Commission Meeting
D24 DISCUSSION ITEM
12 01466
DISCUSSION REGARDING CONTRACTORS NEGLIGENCE IN FAILING TO
PROTECT TREES
12 01466 Email Contractors Negligencepdf
City of Miami Pane 161 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
DEFERRED
Notefor the Record Item D24was deferred to the January 24 2013 Commission Meeting
END OF DISTRICT 2
DISTRICT 3
COMMISSIONER FRANK CAROLLO
D31 DISCUSSION ITEM
12 01291
PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY
12 01291 Email CIP Process Infrastructure Srvcspdf 1201291 SubmittalMark Spaniolipdf
DEFERRED
Notefor the Record Item D31was deferred to the January 24 2013 Commission Meeting
D32 DISCUSSION ITEM
12 01485
UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED FINANCIAL STATEMENT ENDING SEPTEMBER 30 2012 12 01485 Update Issuance ofAudited Financial Statementpdf
DEFERRED
Notefor the Record Item D32was deferred to the January 24 2013 Commission Meeting
D33 DISCUSSION ITEM
12 01486
UPDATE REGARDING WORK PERFORMED BY OTHER GOVERNMENTAL AGENCIES ON CITY STREETS AND THE LACK OF ADEQUATE MILLING AND RESURFACING TO RESTORE STREETS TO THEIR ORIGINAL CONDITION 12 01486 Email Lack of Adequate Milling Resurfacing Streetspdf
DEFERRED
Notefor the Record Item D33was deferred to the January 24 2013 Commission Meeting
D34 DISCUSSION ITEM
12 01487
DISCUSSION REGARDING COMPLIANCE WITH THE FINANCIAL INTEGRITY PRINCIPLES ORDINANCE 12 01487 Compliance Financial Integrity Principles Ordpdf
DEFERRED
Notefor the Record Item D34was deferred to the January 24 2013 Commission Meeting
City of Miami Pane 162 Printed on 2122013 City Commission Meeting Minutes January 10 2013
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
D41 DISCUSSION ITEM
12 01455
DISCUSSION REGARDING MIAMI 21S BLANKET PROHIBITION ON COMMERCIAL VEHICLES IN RESIDENTIAL ZONES
12 01455 Email Miami 21 Blanket Prohibitionpdf
DEFERRED
Notefor the Record Item D41was deferred to the January 24 2013 Commission Meeting
D42 DISCUSSION ITEM
12 01456
DISCUSSION REGARDING CREATION FLAT RATE FOR BUILDING PERMITS FOR RESIDENTIAL PROJECTS UNDER 2500
12 01456 Email Creation Flat Rate For Building Permitpdf
DEFERRED
Notefor the Record Item D42was deferred to the January 24 2013 Commission Meeting
END OF DISTRICT 4
DISTRICT 5
COMMISSIONER MICHELLE SPENCE JONES
END OF DISTRICT 5
NON AGENDA ITEMS
NA1 DISCUSSION ITEM
13 00048
DISCUSSION BY CHAIR SARNOFF REGARDING HIS VISION FOR IMPROVING THE HEALTH SAFETY AND WELFARE OF THE CITY OF MIAMI THROUGH ENHANCEMENTS IN THE CITYSPOLICE DEPARTMENT
1300048 SubmittalMemo Increasing the Miami Police Depts Sworn Forcepdf
DISCUSSED
Chair Sarnoff All right Imgoing to ask the Commission to give me a point ofprivilege so that
City of Miami Pane 163 Printed on 2122013 City Commission Meeting Minutes January 10 2013
Ican at least address being the Chair and Iwant tofirst thank you the Mayor to the Mayor for the opportunity to do so And Ithink as all previous chairs have every chair brings a vision with regard to the City nfMiami And Idlike to share with this Commission a vision Ihave and its a vision that 1 think we all share Its a vision 1 think that we all can support and that is how do we improve the health safety and welfare of the City ofMiami I can think ofno better way to do so than enhancing our police department You all have heard in the past that Ihave suggested that we employ whatscalled a southern standard ofpolicing All it really meant was that southern towns southern cities tended to be less dense and employedfewer police officers per capita than the northeast cities To the ChiefofPolicescredit and Iwant tofirst give him the best praise 1 have ever given anyone on the dais the memorandum that he did on December 20 is without a doubt the hest work product that Ihave seenfrom any City employee In this December 20 memorandum the City ofMiami employs 261 officers per 1000 inhabitants To give you a perspective that wouldput us in the bottom 50th percentile in MiamiDade County in terms ofsworn members of1000 inhabitants To give us a little hit of perspective what that all means the City ofBiscayne Park with apopulation of3072 people thatsa very very small city the City ofVirginia Gardens with its population of2300 both employ approximately 26sworn members per 1000 inhabitants So in comparison the City of Miami employs basically the same number ofpolice officers as the two smallest cities in MiamiDade County but we do so we have a further disadvantage We also have SWAT Special Weapons and Tactics homicide We are whatsconsidered to he aAll police department So you donthave simply those officers out on the streetpatrolling like Miami
Gardens does like excuse me Virginia Gardens like Biscayne Park What we have is we have a police department that ofthose 26officers per 1000 also happen to have SWAT duties also have homicide duties robbery duties It is consistent andpersistently taking awayfrom patrol division Now Miami has onefurther disadvantage it is the place thatpeople go to work And that means that ourpopulation which Iknow we have argued is more than 360 or 410000people depending upon what census we have daytime goes to 560000people So we not only have 26police officers per 1000 in habitants ifwe were to project what we are during the day our number would go down to about 21police officers per 1000 inhabitants And with that we would then be the lowest city ofany major city in the United States of the amount of police that we employ So and to give you one last perspective Some cities that you would might say Miami arguably could aspire to he Miami Beach Police Department and Im not suggesting Chief by any stretch ofthe imagination theyre abetter department theyre a different department But they employ 41police officers per 1000 City ofCoral Gables 43 police officers per 1000 New York City aplace that Ive heard us heard other Commissioners say Ifwere going to be a great city maybe we wouldlook something like New York They employ 42police officers per 1000 inhabitants Boston Ican almost do the Boston twang but PH save you from that 35police officers per 1000 Baltimore thatsa city that 1 think is very very comparable to Miami same problems same type ofpopulation port city they employ 4police officers per 1000 So consider this Baltimore apolice Imsorry a municipality that is very very comparable to the City ofMiami employs 47police officers per 1000 We employ when you add our daytimepopulation swell 21police officersper thousand We are less than half that ofBaltimore Philadelphia 43police officers per 1000 Now Pm not going to suggest as the Chiefdoes that an ounce ofprevention is worth a pound ofcure How did that expression even come about Iwould suggest to you the more police officers you employ the better youre going to be served far safety for the health and the welfare ofthe City ofMiami The Chief even did an analysis based on the RAND Research and Development Corporation And the RAND Corporation actually computed what does crime costfor the City ofMiami What does it cost nationally And hereswhat the Chiefwas able to extrapolate murder costs 86million per incident So ifwe have 200 murders and we have more than 200 murders in the City ofMiami per year somebody do the math rape a violent crime 3217866 per incident robbery and as we seem to all know somebody whosbeen robbed 367277 per incident aggravated assault 87230 per incident It is arguable that the total crime in the City ofMiami could cost upwards of 116 million a year whereas ifwe were just to hire these 100 police officers the City of Miamiscost would be something in the neighborhood of
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7350938 Ifwere ever going to become the great city that we claim were going to become we need to get not to 26not the 30we need to do at a minimum what Philadelphia does We need to get to 43police officers per 1000 and to do so we have to hear in mind that we swell to upwards of560000 people per day We simply have got to go about hiring 300 police officers to the tune 0100 police officers for the next 3 consecutive years Now having said that we have had a great deal ofdifficulty in hiringpolice officers and candidly Commissioner Gort Ive spent hours on this Ihave spent time with the Chief And Ive spoken to Armando Aguilar Jr who Ithink has some good ideas And to give you a perspective on this how did you know how do other cities do it How does the County do it Well the County actually their own police department hires their own police officers and doesnthave to go through HR Human Resources Idstrongly urge each ofyou to get involved and thinkabout a strategy under which we are going to employ because adding these police officers is a great thing and something this City needs to do But loomingfor us is the year 2014 In the year 2014 250 police officers will end their employment with the City of Miami 250 police officers The time is now to get this right Isuggest that we employ a consultant whether it a super HR person whether its a former DOJ Department ofJustice employee whoever that right person is to stop this logjam explore every strategy the City ofMiami can employ in terms oflateral hires in terns ofcreating our own police officers Remember that we have the ability to hire to create about 100 police officers per year in our own college ofpolicing but we simply cantgo along the way weve been getting along
Vice Chair Gort Mr Chairman
Chair Sarnoff Yes youre recognized for the record
Vice Chair Gort As a discussion item today Ihave the item that Ive been working with the Administration for ayear and a half what is the problem in hiring people We have police officers leaving We got over 300 individualsfrom the City ofMiami employees leaving Its very difficult to hire anyone within the City ofMiami We have individuals they have paid 10000 that had gone through the school they have been certified as a police officer yet to get hired is aproblem And for a whole year now and Im supposed to get a report today what are they doing about it But 1 think youre right we need to change the way the system that we use
Commissioner Suarez Mr Chair
Chair Sarnoff Youre recognized Commissioner Suarez
Commissioner Suarez Thank you Mr Chair First ofall Ijust want to start by saying that in my district and Icould Ithink 1 could speakfnr the City in general crime is the number one issue Its the number one quality oflife issue Its a very emotional issue When someone is burglarized they dontwant to hear about statistics they dontwant to hear about number of police officers Theyjust feel violated and they have a hard time even going hack to their home andfeeling safe Nothing that a Commissioner tells them is going to make themfeel better So I you know And then the ancillary concern with that is patrolling The first thing they always say is we dontsee enough patrols we dontsee enough presence ofpolice officers So II think its a wonderful suggestion I like the you know threeyearplan And I think to do anything thats difficult and complicated to execute on something thats that can he it shouldnthe difficult and complicated but thefact of the matter is youve proven over the last year in studying the issue that we continue to be deficient So we haventnot only have we not crossed the threshold into being in the positive were still in the negative So thatsa major concernfor me And Iwant to whatever the innovative solution is whether it he hiring a consultant whether it be going through our department there needs to be something puton the table to get there because we haventshown a good track record in just getting us to the equal point And as you correctly point out in the nextfew years were going to go down another 250 so were talking about you know whatever were deficient now Ithink the number in the paper
City of Pane 165 Printed on 2122013 City Commission Meeting Minutes January 10 2013
was 50 cause were you know were talking about 150 plus another 250 plus another 100 per year which is 300 Ithink it 100 percent correct to say that whatever incremental revenue were getting from this point movingforward the number one priority should he ourpolicing Theresno doubt in my mind 1 cantthink ofanother department that could merit the kind of attention and the kind ofmoney resources at this level Maybe the Building Department now because ofwhat were going to experience is going to need some additional attention but definitely the police department is going to need and its going to its an issue thats going to benefit all the residents Its a citywide issue So you have myfull commitment and support to do everything that Ican whether it he helping to create those innovative ideas to get there orjust supporting whatever ones thatyou have to get to that level because 1 think its a critical need in the City Thank you
Chair Sarnoff Thank you Anybody else wish to be heard
Vice Chair Gort Doyou need a motion UNINTELLIGIBLE
Chair Sarnoff Well letshearfrom the Mayor and then maybe ifyou want to fashion amotion that wouldhe great Mr Mayor youre recognized for the record
Mayor Tomas Regalado Thankyou Mr Chairman Mr Vice Chairman Commissioners You know Ithink it Iguess that this is an issue that everybody agrees andIjust want to say that
we like you we had had many conversations with Danny the Manager the ChiefofPolice andyes we believe that we have the resources to do this and its important that this will he the priority The only thing is the process And it may even take a Charter change because ofthe different rules so You know since there is so much enthusiasm it is important that we work maybe ifthe attorney believe that theresa needfor a Charter change and to have it readyfor the next general election So Ireally believe and Iknow that the Manager has been working with Danny running all the numbers the all in numbers for the police department But Ijust want to say on behalf ofthe Manager that we are committed to expand the police department and that this should be and it is a priority for this year Thankyou
Vice Chair Gort The budget is there The funds are there to hire people
Chair Sarnoff No 1 think Look in the words ofthe vice president a man says somethings important to him check his budget and itlltell you exactly whats really important to him So we can get up here and speak in terms ofplatitudes conclusions but when it comes to the budget if we donthave the intestinalfortitude to simply budget an additional 7350 938over and above what the Chiefsays he needs then were speaking out ofboth sides ofour mouths And when next year comes and we have a tough budget year we donthave the intestinal fortitude to budget once again an additional 73 million were talking out ofboth sides ofour mouths 1 know one thing This isnta sexy issue in terms oflike its not astadium its not a bridge its not a tunnel Youre not going to stand next to it and say I built this I votedfor this but and I hate when people say it the right thing to do cause the right thing to do is what history will judge you by Each one ofus go to work every day believing were safe Each one ofus gofor a walk at night believing we are safe We enjoy the quality ofour life ourparks whatever it is we do because we believe were safe What the memo that the Chiefdid reveals is though we may be safe it certainly isntreally through strategy its through circumstance Because Ive been suggestingfor over a year now that weve been employing an outdated outvoted strategy andI dontmean to make cracks This is not intended to say the Southern strategy There actually is something called the southern strategy To give you an indication Atlanta probably the biggest southern town that most people think about used to have 26police officers per 1000 Today they have 39police officers per 1000 So even they dontemploy the old strategies As you densify as a city as you put tall buildings there as you have people living on top ofeach other that strategy simply doesntwork So as I said Chief you certainly should be heard And Ijustwant to say it one more time and Iwant to say this to the Manager This workproduct is
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the best product Ive ever seen written by any City ofMiami employee
Johnny Martinez City Manager And notice its very short Its not like 30 pages long Its right to the point Its very good Ijust wanted to add 1 agree with everything thats been said As the economy picks up and we have more and more vertical development it puts a bigger strain on all our resources the Building Department the Police Department the Fire Department and we need and we do need to beef up as the economypicks up It only logical The otherthing is that we need to he very strategic We need to he strategic notjust hiring 100 officers hiring the right 100 officers You know we need to do it correctly make you know one good officers is better than five bad ones you know cause they theyre not crime preventers the had ones theyre crime creators So we need to hire the rightpeople And having said that one thing that I heard was the County has their own internal hiringprocess within the police department Ithink thatsworthy oflooking into so that They have theyre in charge oftheir own destiny asfar as hiring the right 100 officers and Ithink thatsworthy of looking into Were also looking into the Ithink what the Mayor referred to as the all in costs The Chief in his report gave a 7 million number I think it was and thatsjust the raw costs We need to have the uniforms thefuels the extra burden on GSA General Services Administration and those type ofthings to come up with the allin costs that the Mayor mentioned But yes Iagree that we need to do this We need to do it strategically and we need to hire the correct 100 people
Chair Sarnaff Chief youre recognized for the record
ChiefManuel Orosa Police Thankyou Commissioner
Commissioner SpenceJones And Mr Chairman when yourefinishedlll
Chief Orosa Yes Thankyou Two points to clarify One the cause for the memo is basically just salaries andfringe benefits We do have to add a certain percentage and that percentage Ill leave it up to Danny tofigure out what thepercentage is We need to like the Manager said buy guns uniform cars fuel You know whatever that percentage is Ill leave to Danny hes the expert on the money issue The other thing needed to clarify is that heard you mentioning we have like 200 murders a year and we only average around 70 72 73
Chair Sarnoff Oh Im sorry Ididntknow you I
Mr Orosa I dontwant to I dontwant the residents to he alarmed out there that like were
the murder capital ofthe US United States
Chair Sarnoff 1 think 1 was watching too much ofThe Wire
Mr Orosa Thats
Chair Sarnoff That was about Baltimore
Mr Orosa Chicago its not us So thank you
Chair Sarnoff Thank you Chief
Commissioner SpenceJones Mr Chair
Chair Sarnoff And Commissioner SpenceJones youre recognized
Commissioner SpenceJones Yes Chief Ijust want to say something quickly
City of Miami Pane 167 Printed nn 2122013 City Commission Meeting Minutes January 10 2013
Mr Orosa Yes maam
Commissioner Spence Jones First ofall Iwant to commend the Chairmanfar his wisdom on really pushing this issue As a matter offact this is an issue that probably was on his blue pages at least six or seven times addressing this issue and he remains diligent on making something happen So I applaud your effort in making this a priority in yourfirststeps ofleadership so I wanted to at least acknowledge that Ialso want to acknowledge the Chief When people do good things we should acknowledge their good work And Idontknow if you guys seen recently Iknow you saw in the news we had a major operation basically in my district addressing the issues ofguns and violence and drugs in the neighborhood And 1 wanted to acknowledge not only the Chief because were nothingwithout our team Iwanted to acknowledge you and all the guys and girls in blue for their hard work because I know that we have been pushing very hard to see some results And as you saw just most recently in the press conference they had that we made several arrests and weve gotten a lot ofbad guys off the streets and Im very excited about that so Ijust wanted to at least acknowledge Iknow we need more even more so officer more officers now more than ever In my district Im not only plagued with the issue of the gun violence hut most recently Imgetting a sudden rash ofmany of my businesses Im sure you know that are being hit with burglaries
Mr Orosa Overnight yes
Commissioner SpenceJones Yes Too many ofthem So their air conditions their copper everything is being stolen out oftheir businesses And its very difficult alreadyfor a small business to operate but then not having you know the things that they need to have in orderfor them to run their businesses makes it difficult So Itotally agree with that ifwe have more police officers on the streetpatrolling that we could definitely address these issues But I wanted to acknowledge you
Mr Orosa Thankyou
Commissioner SpenceJones because sometimes we beat you up here for not moving enough So Iwanted to acknowledge youfor your hard work
Mr Orosa Thankyou And by the way Commissioner part oftrying to resolve that issue on the 7th Avenue corridor effective Sunday a beat officer started on that corridor that will he goingfrom around 54 Street all the way up to 64 Street And thats its a lady officer Thats all she does is patrol that area Okay
Commissioner Spence Jones Well thank you
Mr Orosa Yourewelcome
Chair Sarnoff Thank you Chief Appreciate it Chief could you tellus who the coauthor of this particular memo is Because its and Iknow you had a lot to do with it but Ithink we should
Mr Orosa It was Junior Hes a little brainiac So I give him an assignment he runs and he does research and then we get together with the research and we put the package together but yeah
Chair Sarnoff And Iwant to say your intuitiveness to do this because Ididntinstruct you to do this You picked up on what 1 was saying andyou picked up on the southern strategy and the northern strategy and Ijust Iguess ifanybody could learn anythingfrom the Chief He didntget an email electronic a text an instruction from me hey give me a memo on thus and so but he saw that this issue was recurring and recurring and recurring and Ithinkdid a great
City of Miami Pane 168 Printed nn 212513 City Commission Meeting Minutes January 10 2013
job So Ijustwant to thank you And to the other directors out there when you see an issue bothering a Commissioner a memo such as this on whatever issue that they have would really he helpful to us and he intuitive cause this is you know Ithought well ofyou Chief hut 1have a whole new level ofthoughts about you now So thank you
Mr Orosa Thankyou Commissioner
Chair SarnoffAll right And the last thing Iwant to say with regard to the chairmanship Again Iwant to thank the Mayorfbr the opportunity Were going to he bringing to this Commission Marine Stadium and 1 want to Ithink it was Commissioner Gort that put me on that committee which Ithink we met something in the neighborhood of 14 times and Iwant to thank him for those 14 twohour sessions
Vice Chair Gort Iknow you were going to do thejob
Chair Sarnoff Right And weve come to a consensus and Ithink its it was a very rigorous committee and Ihope that you will see the time and effort to this Commission that was brought with regard to Marine Stadium and some very aggressive conversations and were had And I know its been the Mayorsvision to get Marine Stadium going and Ithink we have at least an agenda a strategy and an opportunity to do so So thank you All right anybody have anything else Otherwise
NA2 DISCUSSION ITEM
13 00050
DISCUSSION TO CONSIDER THE APPOINTMENT OF RICHARD J DAVIS AS SPECIAL COUNSEL TO REPRESENT THE MIAMI CITY
COMMISSION REGARDING ISSUES OF CORPORATE GOVERNANCE
1300050 BackUp Document Special Counsel for Commission Item Memopdf 1300050 BackUp DocumentRJD Resumepdf 1300050 Submittal Letterpdf
DISCUSSED
Chair Sarnoff All right ladies and gentlemen were back on the record What we have now is a time certain non agenda or as Ilike to call it supplemental agenda item This item is in regards to the City Commission hiring a lawyer or a lawfirm to give it advice as to how I call it corporate governance standards but its ahnost like adouble Stan double governed governance standard we should proceedforward Iknow Commissioner SpenceJones wants me to read something into the record but Imgoing to recognize herfirst
Commissioner SpenceJones Okay Yes Thank you Mr Chairman First ofall Iwant to thank the Commissioners for their spirit ofpatience in all ofthis but Ijust wanted to officially put something on the record and in the spirit ofwisdom Ijust want to also make sure that 1 at least put on the record something that my attorney would likefar me to do Also recognizing so that were all on the same page that this is a discussion item so its not a voting item So Ijust want to read my statement and at that point I will recuse myself All right This is a non agenda item This non agenda item involves hiring an attorney to advise the Commission on whether the City ofMiami shouldpay fbr the Mayorsdefense attorney Out ofan abundance ofcaution and to avoid even the slightest appearance Oa conflict 1 am not going to participate in the discussion ofthis agenda item or vote on the item My attorneys have sent a letter to the Commission andIasked that it he read into the record The only thing that Iwould say before I would actually leave again because were not voting on a item its only a discussion item I would like to at least make sure that the Clerk actually reads it in the record I think that that
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probably would set a better tonefor the meeting or the discussion Thank you
Chair Sarnoff All right Were coming now to an item the hest thing to dofor me is probably just to read exactly what Michelle Spence Jones wants me to read into the record So if
would indulge me its a two page letter It is from Emory Celli SE sorry C ELL I Brickerhoffsic Abady LLP Limited Liability Partnership Theyre located at 75 Rockefeller Plaza 20thfloor New York New York Itis a letter addressed to each Commissioner Itis dated January 9 2013 Itreferences the January 10 2013 City ofMiami Commission meeting non agenda item appointing special counsel to the City Commission Dear Sirs We represent Commissioner Spence Jones in apendingfederal lawsuit captioned Spence Jones versus Rundle et al 12cv24253 We write concerning the above non agenda item scheduled to he heard January 10 2013 As the Commission is aware Commissioner SpenceJones has sued among others Mayor Regalado in his personal capacity as setforth in the complaint in the federal lawsuit The Mayor has since requested that the City of Miami pay attorneysfees ofhis handpicked lawyer in the lawsuit It is perhaps inexplicable that the Mayor would request the Commission to choose sides in a lawsuit between a sitting Commissioner and sitting Mayor by funding one side of the litigation the Mayors side no less at the expense ofMiami taxpayers However we understand that this issue is presently before the Commission and do notformally address it here Commissioner Sarnoffhas since placed on the Commission agenda whether to hire Richard Davis as counsel to advise the Commission on this and other matters related to the federal lawsuit As to that non agenda item scheduled for January 10 2013 First aside from a briefopening remark and out ofabundance ofcaution Commissioner Spence Jones will not he participating in or voting on the item However we do not think it is appropriate as plaintiffs counsel to communicate to the Commission through this letter as the Mayor has already advocated andpresumably will again advocate his position before the Commission Second it is our responsibility to inform the Commission that Commissioner Sarnoff is himself a witness to a number ofkey events in thefederal case It would seem inappropriatefor afederal witness to vote on Commission issues related to the case including whether to pay for a defendants legalfees Third we request an opportunity to be heard before Commission consider before the Commission considers vote or votes upon MayorRegaladosrequest far the City to pay his attorneysfees should it ever do so Thank you for your attention in this matter We respectfully request this letter he read into the record and made an official part rdthe January 10 2013 Commission proceedings Respectfully Hann M Maazel MAAZEL It is carbon copied Michelle SpenceJones Johnny Martinez Julie O Bru Todd Hannon Ray Taseff Charles Ogletree Thatsexactly whatsread into the record and that is exactly what was requested If this Commission will recall you gave me by resolution the chore to hire orfind tofind counsel who could give us recommendations on how toproceed forward Proceedingforward was not limited to whether we should or should not pay the Mayorsattorney although that certainly is something we need to consider hut andforgive me its 1 use it as corporate governance How does this Commission proceedforward with regard to all sorts ofissues as a result ofa sitting Commissioner suing a sitting Mayor As we all know the City Attorney has completely stepped out ofthis particular issue will not answer any questions attendant to it and has left us tofind that counsel Now a word about how Richard Davis came to me Ilistened to Commissioner Gort pretty carefully when he said Iwant to get the right advice Idontwant to get some advice Iwant to get the right advice There are very few corporate governance lawyers in the United States There are lawyers that will claim that they can do corporate governance There are lawyers who insinuate they can do corporate governance But think about it its such a hyper technical issue that New York City probably would be the central capital for that possibly Chicago Illinois possibly Washington DC District ofColumbia Richard Davis is aperson not known to me Matter offact Richard Davis is on thephone and Icould tellyou Mr Quiiion anyone out in the public Idontknow him at all Never met the man before If1fell on his lap right now it would be brandnew to rne which is also attractive to me and should be attractive to this Commission because to some degree all ofyou are related to lawyers what I call two degrees ofseparation Ifwe were to hire counsel from Miami there would always he the insinuation oh is that Sarnoffs buddy oh does
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that guy know Gort Suarezscousin used to work at that law firm Theresalways some connection Richard Davis has absolutely asfar as Ican telland in conversations with him no connection to the City ofMiami whatsoever His background Iprovided to you For as I always put theressomething in everything with Richard Davis because he is 1 believe the chairman ofLegal Aid ofNew York He has equally been placed on commissions by thenMayor Giuliani His corporate governance is extremely deep which means for instance if letsjust say for instance General Electric if a hoard ofdirector were suing General Electricfor a class action should that board member continue to sit and approve issues agendas budgetsfor General Electric These are the type ofthings that corporate governance lawyers get into Now Richard Davis is on the phone with this Commission right now He is originally he was charging 900 an hour which should send shock waves through all ofus here in Miami cause thats a lot ofmoney He brought it down to 700 an hour Ive asked him to talk to you and consider lowering it But theresan old saving in law Its not how much you get paid by the hour its whatsthe bill going to look like when youre all done And Richard Davis is going to give you a quantity or an amount that he thinks this is going to cost and hes going to give us a range And 1 think Ive said enough that Idlike to hearfrom Richard Davis ifyou all would be so inclined Ithink hes on the phone Richard can you hear roe
Richard Davis via teleconference Yes Ican Can you hear me
Chair Sarnoff We can Its all yours
Mr Davis Okay Well I appreciate the opportunity to speak to you and to be considered to provide counsel Ithink as Chairman Sarnoffmentioned I think looking to me the principle reasons were one he didntknow me was a plus the experience ofhaving governance Ialso think because Ive worked with and been in city government andfederal government and Ini used to giving advice in difficult and public situations So Ithink that as he indicated Ive heen everythingfrom lm chairman ofthe Legal Aid Society to having been appointed by Rudy Giuliani to be chairman ofa commission that oversaw aspects ofthe New York City Police Department In terms ofwhat I think this would cost firstofall you know in discussing this with Chairman Sarnoffyesterday Itold him that Iwould reduce the hourly rate further to 650 an hour But seconded Ithought that this would cost no more than 20 to 30000 and indeed under no circumstances will the City ofMiami he charged more than 30000161 the basic work 1 say the basic work I mean obviously if after 1 give my initial advice and certain followon you want me to give additional things we woulddiscuss that Butfar the advice youre looking for its not going to cost you any more than 30 andI wouldhope that it could be less Ifyou decide to you know approve then my appointment Iwould immediately begin working You know Ithink 1 can you know work expeditiously and would lookforward to the opportunity to
serve you
Chair Sarnoff Does anybody have any questions ofMr Davis No The one thing wantto make clear were not hiring Mr Davis to tellus whether we should pay or notpay the Mayors legal counsel Theres that may he a slice ofthe pizza but theresa whole lot more to it than that And since were not corporate governance lawyers and some ofus arentlawyers we simply need advice on the issues that willface us going forward And we donthave a City Attorney available to us l think thefee range between 20 and 30000 to get what 1 would characterize as probably one ofthe best corporate governance lawyers in the country were This is novel ground here Even for the City ofMiami weve never crossed this Rubicon before and this is a very big Rubicon to cross And you have a sitting Mayor and a sitting Commissioner suing each other We have the implications ofwhateverparagraph 23 indicates because it does indicate the Mayor was acting in the course and scope ofhis employment and was an agent on behalf ofthe City ofMiami And then the next sentence says 1 believe says but the Mayor is being sued in his personal capacity I think we need advice I think we need advice for everything that a corporate governance lawyer could tell us we can anticipate that were going to see and how do we bestproceed forward Iknow Mr Quinon if out there if
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want to say something Iread something in the recordfrom the other side If want to say something please do
Mr Quinon Thankyou Jose Quinon Ijust want to say that time has gone by We have on behalf ofthe Mayor we have waited And theres going to come a point in time when things are going to move very very expeditiously infederal court as we all know And Im waiting to see what you all are going to decide concerning the payment ofthe fees It is a very important issue to the Mayor at this point andIthink its one that is separate from the issue ofretainment ofMr Davis So Im asking you on behalf ofthe Mayor to make up or to come to that decision as quickly as you can Not only is there a statutory authority farpayment offees but actually there is a squarely on point Florida Supreme Court case that says that there is a common law right to the payment offees in this case for the Mayor So Idont think that this is such a hot issue on the legal arena whether or not the Mayor is deserving or is entitled to getpaidfor thefees I think that issue can he decided It a discreet separate issuefrom the one ofother issues that of course Mr Davis is much more qualified to guide you all on which is what is exactly the potential liability ofthe City in a situation like this And 1 think going down the road there are other issues involved and I wontget too much afeel on that but that theres going to be some litigation that is going to bring up to the surface other issues that mayfurther complicate this matter Iwontgo anyfurther into those things at this point But in any event Ithink it is a good idea to have guidance at this point by the for the Commission And quite frankly Idid a little hit nfresearch after learning who the Chairman in this case had tried to retain and I as a lawyer Imean you cantbe in better hands than Mr Davis 1 mean the guy has a tremendous resume tremendous experience in this area and quitefrankly the Commission is in need of assistance and guidance in this situation But again going back to the Mayor we need to have a decision made concerning the fees because Ineed to start working and were waitingfor you all And Ithought quitefrankly that today was going to be that day when you all were going to take up the issue ofthe Mayorsattorneysfees So Iimplore you on behalf ofthe Mayor to please come to grip with this issue and decide it as quickly as possible because again things are going to move quickly and Ineed to start working on the case
Chair Sarnoff Thank you
Commissioner Suarez Mr Chair
Chair Sarnoff Anybody have any questions Okay
Commissioner Suarez Sure Justfor him no Has the Mayor been served
Mr Quinon No not yet
Commissioner Suarez Okay Thank you
Chair Sarnoff Go ahead
Commissioner Suarez Illyield to Commissioner
Commissioner Carollo I mean Im going to have more to say but the one thing that I do want to point out with what Mr Quinon has mentioned is that and as you all know Iam not an attorney However Ido know that the courts are usually sensitive to unique circumstances Therefore and Iunderstand he represents his client and his client wants to move this as expeditiously as possible and know that hes going to get his attorney paidfar his legal hut the bottom line is 1 also 1 represent the citizens ofthe City ofMiami so 1 need to make sure that decision is correct And not being an attorney Icould tellyou the courts are usually sensitive to unique situations and I believe this is a unique situation So with that said you know Illyield to Commissioner Suarez but Ineeded to say thatfor the record
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Commissioner Suarez Thank you Commissioner Mr Chair
Chair Sarnoff Youre recognized
Commissioner Suarez Thank you You know it kind of dovetails a little bit offofwhat Commissioner Carollo said We well first ofall the way Iunderstood our last Commission meeting and Ithink 1 understood it correctly but when you said corporate governance you meant essentially someone to replace the City Attorney because the City Attorney had recused himself or herself and so we needed basically a substitute Ithink in every matter ofthis like you said this has definitely never happened before here hopefully never happens again But in every any matter that even closely resembles this Ipersonally have been very vocal on it and Ive also leaned very heavily on the City Attorney having said all that And so Ithink this body does deserve representation There are two ofthefour members that are not lawyers Even as a lawyer you know Im not Idontspecialize in this area ofthe law so Ithink we do deserve representation The concern that 1 have to be honest is as Commissioner Carollo mentioned 1 represent a district in the City ofMiami where my residents have absolutely no comprehension of what is going on here Imean they thinking about 700 an hourfor an attorney I mean some people make 700 a month in my district Imean its beyond the pale you know for them to think that we would hire an attorney and we are a fairly poor city So you know I you know Idid a little hit ofbackground investigation And we did entrust you with coming up with options And 1 think one ofthe good things is since the Mayor hasntbeen served there isnt Imsure Mr Quinon will probably differ with this but there isnt a pressing need in terms ofwhat work he has to do right away You know look we looked I looked at all ofthe outside counsel firms that we currently employ that we currently have relationships with including the SEC Securities and Exchange Commission litigation which is a litigation that has cost us close to 2 million The highest the one we wouldpay the most to is 450 And so and Iunderstand what your argument is which is that look youre more concerned about the aggregate costs versus the per hour fee So I but I think there is a sensitivity here that you know our residents are firstof all theyjust dont understand whats going on here And secondly you know the thought ofpaying someone an hourly rate that constitutes what many ofthem make on a monthly basis is just you know its beyond a comprehension So you know Ithink we have work to do here I cannot support paying someone 700 a month sic I cantsupport paying someone 650 a month sic When you average out the City Attorneys hourly rate somewhere in the vicinity of110 an hour So we get a pretty good corporate you know governance per hour rate And then ofcourse all our outside counselfees none exceed 450 Iam sensitive to your argument that hiring a local counsel there seems to he some entanglement between any one of us and a relationship doing business afriendship or whatever whatever that may he So Im Ihave some sensitivity to that Ikind ofget that argument But Icantsupport a rate anywhere near that high So 1 dontknow what that means for Mr Davis You know a lot oftimes people represent the City ofMiami because they want to put that on their resume you know and they you know are obviously undercutting their own actual billable rates They would never charge their own personal clients their own private sector clients the rates that they charge the City and 1 think theresa good reasonfor that Youre doing apublic service Were all here doing a public service None ofus here are making to stand here on an hourly basis what we probably could be making in our private sector jab Were doing this because we care about our community and were doing this out ofsacrifice to our own personal wealth our own personal finances So thats my basic position on this issue
Chair Sarnoff Commissioner Gort
Vice Chair Gort Notbeing an attorney this is kind ofdifficultfor me to understand so you got tofeel how the people out therefeels about it One ofthe things Iwanted to do is my understanding is we want someone to come in here and let us know what we according to our City Charter according to our legal rights what should we do Idontthink the City is part
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maybe the City might later on might be part ofthis Idontknow Ihope not And itdbe a different time Ibelieve what we need is someone to come in here to let us know as Commissioner what are we allowed to do what we can do that is correct and is legally done Now 1 approach the League ofCity sic They have a Florida League ofCities and the Miami Dade County League of City sic They have an organization or a committee of all the lawyersfrom all the municipalities Ive asked them we have agreements with other cities when it comes to police They change police andfire how to support each other And Iasked him ifthey were willing to maybe look at this and maybe come up with the someone from one ofthe other cities that have experience in City government and let us know more or less basically what we can do Later on ifits something even harder that gets it more complicated then well have to look at some otherattorney Imean this is the way Ilook at it Im not an attorney so this is my personal opinion
Chair Sarnoff Yeah Go ahead Commissioner
Commissioner Carollo Mr Chair And by the way there are many aspects to this that Im going to want to touch upon But you know to a certain degree I agree with Commissioner Gort You know I have thought of maybe you know retiredjudges former County
Commissioner Suarez County attorneys
Commissioner Carollo attorneys City attorneys you know that have experience and now are retired and maybe can come forward Itjust seems like something that our City Attorney can do you know And by the way let me also say you know that I thank youfor going out there finding such a
Vice Chair Gort Yeah
Commissioner Carollo good attorney And this has nothing to do with Mr Davis But at the same time I you know II honestly thought that you wouldbe bringingforward you know various attorneys orfirms that could represent us AndIhave to admit yeah Iwas sticker shock Iunderstand New York is a little different that area is different from Miami But still I was very sticker shock And again you know like Imentioned to Mr Quinnn and everybody you know 1 represent the citizens of the City ofMiami And I can tellyou 700 a month sic I have residents in my district that make less than 700 a month With that said you know I want to explore whether they are you know formerjudges retiredjudges retired County attorneys that could help out you know And Iwant this to he a transparent open and competitive process Imean right here even though once again youve chosen a very good attorney at leastfrom you know the documents that youveprovided there are no options Implaced in a position whether we choose Mr Davis or we dontSo now 1 want to open it up to you know otherpossibilities And to be honest with you Iunderstand corporate governance Iunderstand vicarious liability But to what extent Imean is it it pretty much what he going to interpret Chapter 23 and see if you know the Mayorsbeing sued in his official capacity or as an individual Where exactly you know when you say corporate governance what exactly you know is he going to have that otherattorneys do not have like a former retired County or City attorney
Chair Sarnoff Well I actually thought about theformer everybodys thinking of Murray Greenberg and then Ilooked at all everybodysconnections to Murray Greenberg
Commissioner Suarez No connections
Chair Sarnoff Well no there are connections Everybody here has some connection to Murray Greenberg But who to say that Murray Greenberg has ever crossed the Rubicon ofthis County sic Mayor being sued by a sitting County sic Commissioner Those are Rubicons your
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what do they Iknow they call these oneofflawsuits Mr Quiiion or they call these I think they call them sportive lawsuits which is this is the only time youll ever see this But there are attorneys who have seen this in the past And Commissioner Gort its interesting to say well letsget the less expensive lawyer And ifwe need the more expensive lawyer well hire him later Youllnever have that opportunity And I can tell you this whoever we hire locally or even whoever we hire in the South Florida region or whoever we hire in the state ofFlorida will have significant legal research to get up to speed that Mr Davis has through his experience as a USAttorney as a Watergate special prosecution prosecutor as Assistant Secretary ofthe Treasury in his representation ofNew York state in his representation nfNew Ynrk City in his representation ofthe bureau ofBrooklyn He has done this before That body ofknowledge is You know Commissioner Suarez you said I understand that its going to he 20 to 30000 and I like that but I dont like the hourly rate You might get a lawyer 400 to 350for 300 an hour That lawyer will spend 20 30 hours getting up to speed on corporate governance then that lawyer will do the analysis necessary to do that and he will not have the experience other than what he read to give us an opinion Ican tellyou this there are so many permutations and so many issues out there that we willface that youre going to want to get on a phone or youre going to have want to have a blueprint to go forward with which were going to get advice Like anyprincipal in this world lawyers love when you donttake the advice cause theyre not held responsible But were going to get advice Were either going to take that advice were going to modify that advice or were not going to accept that advice But its going to he on the record as to what a well skilled highly specialized lawyer is telling us his hest advice to do And there will never be an opportunity to make a left turn or a right turn an this road to turn around and say well lets get the more expensive lawyer now because Imnot sure of that advice You know its the old saying you get what youpaidfor Thats a true statement And you certainly Ithink you owe it to the citizens ofMiami to get the proper advice on something as profound as this and not to take advice from somebody who has never done this before
Commissioner Suarez Mr Chair if1 may
Chair Sarnoff Youre recognized
Commissioner Suarez Thank you Idontknow what connections Ihave with Mr Greenberg other than Iknow one time he represented the City in a lawsuit which was Im not sure if he was actually retained as counsel or he just came in as an advisor came in in an advisory role which is actually interesting because my guess is he might actually even do thisfor free butyou know Mr Greenberg is a expert municipal attorney I mean he was a county attorney for several decades And in that case Iremember specifically you know talking about itwas actually a former City attorney and thats why the City Attorney Ithink couldntwas also disqualified or not disqualified Iguess had to also recuse herselffrom advising us on that issue And he gave good advice 1 mean and you know we ended up taking a very hard stance and it ended up being the right stance and we prevailed in that case Its an option I dontknow you know Ithink the other thing is too is this is Florida law and so you know its aNew York lawyer Idontknow what kind ofexperience he has in Florida law Idontknow how if he understands Florida law if he even licensed topractice in Florida Ihave you know Idontknow So you know Ithink having someone that has Ithink thats agood suggestion 1 dontknow 1 dontknow ifanyonescontacted him or ifhe would be willing to represent the City
Chair Sarnoff Well heresthe problem with Murray Greenberg Hes retained me before
Commissioner Suarez He has
Chair Sarnoff Murray Greenberg has retained me to workfor him before So right away it will have an appearance that will not look good to this community and thats why I stayed away from it Imean youve been a lawyer for XSrears
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Commissioner Suarez Eight
Chair Sarnaff Ive been a lawyer far 26years Veryfew lawyers dontknow me or are not one degree ofseparation awayfrom me And in all due respect yourfather has been a lawyer a very long time and he going to have that same issue And Ithink youre a little bit tied to the District 7 Commissioner to some degree Well Imjust giving an appearance
Commissioner Suarez Right
Chair Sarnoff suggestion I you know heres what it comes down to We know what the best looks like We know what the best is Anything we do not right now is a photocopy ofthe best Keep photocopying it and the original and inevitably you wontbe able to read it This is my bestjudgments ofwho to hire Ifhes willing to lower his hourly rate for appearances because what really matters is the hill thats rendered the end ofthe day not the hours it took to render that bill But 1 understand the appearance Mr Davis wouldyou be willing to lower your hourly rate to 450 an hour
Mr Davis Excuse me Tofour yeah The other way to do it is to do it without any rate and just say you know for the defined assignment the hill will he no will he 20 or 25000 period
Chair Sarnoff Flat rate
Commissioner Suarez Flat fee
Chair Sarnoff Flatfee Are you willing to do this on a flat fee
Mr Davis Thats what Im saying is to just do aflat fee you know Or Ill even do better or worse thatsfine I mean cause Iwas going to cap it anyway We could do you know 25000 as aflatfee or you know well define you know the work in some way thatssensiblefor everybody and its a flatfee and theresno hourly rate
Chair Sarnoff Okay Well the last thing 1 want to comment on is theyre in federal court Whosyour Iknow yourjudge has recused him well Ithink a couple ofjudges have recused themselves Who yourjudge now Mr Quinon Dontknow You theresa 90day rule in federal Idontwant to Irn trying not to use any knowledge Ihave Mr Quinon is right whether hes served or not time is running because there are rules in federal courtfor times of service ofprocess that he has to actually affirmatively take action Ithink we need to hire counsel whosgoing to make a number ofrecommendations to us and that includes how if when what shape the Mayor should not be reimbursed compensated paidfor his attorneys fees Thats just one issue How we moveforward as a Commission is a totally separate issue Butyou now have a 25000flat rate in front of you I you know Id like to put this on the next Commission agenda Ithink it could he voted on today hut Im not looking to create a procedural issuefar anyone because it was on a nonagenda item and Idontwant to create an issue that doesntexist Whatsthe pleasure ofthis Commission
Commissioner Suarez My pleasure is to see a proposalfrom him as to what he proposes to do
Chair SarnoffAll right What is
Commissioner Suarez 1 mean 1 dontunderstand what the question is
Commissioner Carollo Mr Chairman
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Chair Sarnoff Youre recognized
Commissioner Carrillo And
Commissioner Suarez I mean maybe he wants more options and maybe someone else wants something local Idontknow
Commissioner Carollo You know Ifor one you know would like you know to see what options we have Im like Isaid there is Icould start anywhere in this cause theres a whole bunch ofissues Ihave starting with why is it a non agenda item 1 have never heard ofa non agenda item This is something new to me So starting with that theres a whole bunch of issues I mean Im assuming that the letterfrom the attorney from sicMichelle Spence Jones And believe me Im no one to tellyou what to do and what not to do but when theyre addressing that you may have a conflict you feel that you dontor youre maintaining your position and youre going to move forward And again Im no one to tellyou what to do or what not to do So theresissues all over the place with this And yes at the very least 1 thought 1 honestly thought that there was going to be more options an the table and even some that we spoke about today You know retiredjudges Whether or retired you know County orformer City attorneys whether its Mr Ginsberg sic or someone else Imean this state is rather large Ipaean Ihaventlooked or Idontknow ifanyoneslooked up in Jacksonville or Central Florida or Tampa You know this state is rather large So Ijust thought that there was going to be more options on the table And again this is nothing against Mr Davis Because you know from you know the documentationyou provided he you know hes a very well
Commissioner Suarez He clearly qualified
Commissioner Carollo hes an outstanding attorney
Chair Sarnoff So what I will do Commissioners I will now retain my own attorney to give me advice and I will he providing Illbe asking you to payfor my attorneysfees since the City Attorney can no longergive me advice So just you understand were going to do this the right way So Inow need to be relieved ofthe obligation oflookingfor that counsel and it shouldfall on one ofyou
Commissioner Suarez Fun times Look Ihave no problem taking on that Unction and that role And so ifyoure not ifyoure going to recuse yourself thenfrom thatprocess then speaking to the other two Commissioners who are still here we thankfidly still have a quorum to make the decision So
Vice Chair Gort Let me give you asuggestion
Commissioner Suarez Yes please Thats what I was about to ask
Vice Chair Gort Mr Davis is willing to have aflatfee and Ithink we needfar hind to if he can send us a and Ithink hes very qualified It can sends your documents oftheflat fee This is what Improposed to be doing for thisflatfee And then if anybody else wants to bring up
some open it anyone else that can bring want to bring out Idontknow what the procedure well have to use
Commissioner Suarez Right
Vice Chair Gort An RFP Request for Proposals a letter ofintent whatever you guys decide Imnot an attorney sofor me
Commissioner Suarez 1 dont
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Vice Chair Gort its very difficult to deal with this
Commissioner Suarez think you can do an RFPfar attorneys
Vice Chair Gort Not an RFP but whatever the
Commissioner Suarez Right
Vice Chair Gort procedureyou use as an attorney Cause in the past we always had our own attorneys lookingfor the other attorney
Commissioner Suarez Right
Vice Chair Gort So we cantyes
Commissioner Suarez Right Go ahead Commissioner
Commissioner Carollo You know is there is it possible to do some type ofinvitation to bid or something like that
Commissioner Suarez Ifit is Ihave no problem doing that
Commissioner Carollo Imean you know
Commissioner Suarez Ijust dontknow how much time we have Thatsthe other thing you know Imean this is a timesensitive process
Vice Chair Gort Got to befor the next Commission meeting
Chair Sarnoff You guys are not hiring aplumber youre hiring a lawyer
Commissioner Suarez Right Thank you far that clarification Okay So would you like me to take on that task Its not something that Iwould like to do but ifyou want me to do it Im not going to you know shrinkfrom it
Commissioner Carollo Well Commissioner Sarnoff in all fairness the reason why you know I would yield to you is because you have more expertise in that area because you are an attorney
Commissioner Suarez Right
Commissioner Carollo So you know having a legal background you know thats why you normally Iwould yield Usuallyfinancial matters you all yield to roe So in something like this you know Iwould yield more toyou because you are an attorney But with that said I think you know were expressing you know possibly other options at least 1 am And no I understand were not hiring aplumber But at the same time you know Mr Ginsberg sic or maybe someone whosretired is watching this on TV Television and say you know what Icould do this pro bono or you know what maybe there arefirms that watch actually watch Commission meetings and you know do have an interest in representing the City Yes for a cost but not 700 an hour
Commissioner Suarez Right
Commissioner Carollo So you know I
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Vice Chair Gort Ihave a question Not being an attorney are we doing right now in the procedure that werefollowing right now is it legal Thatswhy we wanted someone here to let us know if were proceeding legally
Commissioner Suarez Right
Vice Chair Gort Are we proceeding according to City Charter
Commissioner Suarez Well I think to decide on whether or not we need to have we have okay heresthe status ofwhere were at We have a City Attorney Our City Attorney has recused herselffrom this situation so we donthave any legal advice on the matters that we decide okay So in that sense we are kind ofon our own I think we have a dual obligation Obviously we want the hest representation possible but we also represent the citizens ofour City and we want to make sure that we do that in a very careful way So lithe remaining Commissioners that are here would like for me to go out there and lookffirpossibly retired judges possibly retired County attorneys and with an emphasis on doing itfor the least amount possible even ifpotentially pro bono iftheyre willing to do it on apro bono basis Ihave no problem with that You know I71 go out there and I71 talk to the people who are in the legal community Im sure theyll some ofthem will come forward
Vice Chair Gort Let me tellyou
Commissioner Suarez And I71 bring you multiple options and then well decide
Vice Chair Gort what Iwould like to see and thats why Istated it the way Istated it before Have someone to let us know if were doing the right thing ifwere proceeding the correct thing Ifit gets more complicated something else to he followedup then give us the guidance what we can do ifwe can hire someone else 1 mean someone 1 want someone to tell me here what are we doing
Julie O Bru City Attorney Commissioner Gort
Kenneth Robertson Director Purchasing Mr Chairman
Ms Bru Ihave not totally removed myselffrom everything Ihave removed myselffrom any decision or advice that would be appear to be tainted because I do have a conflict under the Florida Bar rules Ihave a member ofthis municipal corporation that Ihave a special relationship with as Ihave a special relationship with each of you who is then suing another member ofthe government with whom Ialso have a special relationship with the Mayor So I cannot give advice to the board ofwhich this litigant is a member or to the Mayor But I can tellyou that under the City Charter and the City Code it is the City Attorney who controls supervises any attorney that the City hires or retains in whatever capacity However I have to construe that mandate within the legal requirements that Ihave to abide by as a member ofthe Florida Bar So ifI have a conflict Ihave to then abstain from being involved in the selection the control ofan attorney cause there could he an appearance that Im trying tofavor one side or the other However I do 1 did advise you that there are ways to handle this We do this every day Myselfand my staffdoes this every day Advise as to whether or not an employee or an official is entitled to legal representation we do that every day Advise as to whether theres a voting conflict we do that every day Advise as to whether or not there could be indemnity as a result ofajudgment entered against an individual employee or an official we do that every day Like me there are hundreds ofother attorneys in the state ofFlorida There are at least 800 municipalities that 1 know ofthat have these kinds ofissues These are issues that require construction ofa Florida statute our Charter and perhaps the common law ofthe state of Florida You are Ithink well advised you know to rely on the on a selection made by one of your members who is an experienced attorney You know Ihave no doubt that the attorney
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thatsbeing presented has the qualifications Also as suggested by Commissioner Suarez we have the Florida League ofCities the Florida Municipal Association ofLawyers We have IMLA International Municipal Lawyers Association which is a national association of municipal attorneys So there are attorneys that specialize in advising the governance of municipal corporations which is what youre lookingfor as identified by Commissioner Sarnoff And I can give you a list oforganizations You can put you know you can work in conjunction with your maybe your HR Human Resources Department toput out a notice soliciting anybody who would want to present their resume or a proposal But what youre doing is appropriate
Vice Chair Gort Okay
Ms Bru Because Iconcur that Icannot he involved in advising you on this matter Iconcur that you need advice on this matter And Ithink the process that Commissioner Sarnoff employed is appropriate as would he any otherprocess as like the one suggested by Commissioner Suarez
Commissioner Carollo Mr Chairman and
Chair Sarnoff Youre recognized
Commissioner Carollo And what the City Attorney just mentioned its more in line with what 1 am seeing I dont know ifive need such a specialized attorney And again you know saying that you know he may be very good but Idont know ifwe need such a specialized attorney I dontknow ifwe couldjust
Chair Sarnoff Just sitting here Commissioner Ibrought up three more conflicts just sitting here And before anybody undertakes to do anyfurther research consider potential conflicts of interest down the road It you are we are walking in a minefield period Imean Inow need to get counsel I think 1 know the answer to the question cause I know what a conflict of interest is with regard to the City Attorneysadvice before Iwant to confirm that with a lawyer get a written at least a written opinion to nie to know that Icanproceed forward Isomewhat disagree that Idlike to know and I Im going to askfar this research and Ithink its something the City Attorney can do How many times in the United States has a Commissioner sued a sitting Mayor
Ms Bru Commissioner you know the Seminole case in the state ofFlorida that deals with when an elected official or an employee is entitled to attorneysfees Thornburg Ithink involved a situation where there was dispute amongst member ofthe council themselves So itdoes happen Commissioner 1 mean I can give you memos oflaw that weve done Ican give you research But believe me Miami is not the only city where council members have engaged in internal disputes within the council family
Chair Sarnoff But Ms Bru theresa difference between commissions and councils because of the power nfa commissioner versus the power fa councilman
Ms Bru Jm sorry but council is used interchangeably with commission and boards
Chair Sarnoff It isntbecause council ordinarily means a strong mayorform ofgoverninent We donthave a strong mayorform of government And thats why Ijustpreface by saying you know three Commissioners without a veto control the City in a lot ofrespects And in a council form ofgovernment thats not so apparent
Mr Robertson Mr Chairman one minute please
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Chair Sarnoff Youre recognized
Mr Robertson Goad afternoon Kenneth Robertson Purchasing director From aprocurement perspective 1 wouldjust like to communicate to the Commission that the procurement oflegal services is specifically excluded from our procurement code per Section 1872 So you mayfeel free to select the attorney ofyour choice Thank you
Chair Sarnoff Thank you
Commissioner Suarez Thank you
Ana Maria Pando Chairman Sarnoff can I be recognized forjust one moment
Chair Sarnoff Sure
Ms Panda My name is Ana Maria Pando Im a former county courtjudge and an assistant city prior assistant City attorneyfor about ten years And all I have to say is that its great to see you all Thank you for recognizing me And its great to he back home And just wanted to say Mr Sarnoff that Icannot do it on apro bono basis but we certainly can provide Ican certainly provide services to the City in my new lawfirm that Im atjar 300 an hour Iwas authorized to say that So Im here to let you know that Ihave the experience When Iwas with the City 1 handled these issues on a daily basis And as a retiredjudge I was ajudge for 12
years I certainly have the necessary litigation experience And in terms oflovefbr the City it will will he representing the City like ifit were afamily member because that wasjust the type oflawyer Iwas So thank you jar the opportunity
Chair Sarnoff Thank you judge
Vice Chair Gort So my understanding what Ion hear is you Commissioner Suarez you can perform
Commissioner Suarez All right so Imean iftheresno other option what171 do is between now and the next Commission meeting try tofind what no less than three no more than five
Commissioner Carona Or see what
Commissioner Suarez Including Mr Davis
Commissioner Carollo Yeah And see whats out there Imean
Commissioner Suarez Right
Commissioner Carollo Idefinitely want to see the proposalfrom Mr Davis
Commissioner Suarez Yeah yeah
Commissioner Carollo and Iwant to compare it to others because you know something that Commissioner Sarnoff mentioned yeah it could be 300 an hour but at the end of the day
Commissioner Suarez Right
Commissioner Carollo itll end up
Commissioner Suarez Whats the tab
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Commissioner Carollo being 50000 So would like 300 an hour at a cap of Xamount
Commissioner Suarez Right right
Commissioner Carollo You understand
Commissioner Suarez Or even compare apples and apples Just have flatfee proposals instead ofdoing
Chair Sarnafj And then we pick the lowest one
Commissioner Suarez No I dont think we necessarily are bound by picking the lowest one I think we have the ability to compareflatfee proposals and say you know
Vice Chair Gort Experience and knowledge
Commissioner Suarez Right We have to weigh everything and then make the decision we think is the bestfor the citizens ofthe City
Commissioner Carollo But theresoptions Therescompetition
Commissioner Suarez But were also comparing apples to apples instead of
Chair Sarnoff I think its imperative that we vote at the next Commission meeting
Commissioner Suarez Ihave no problem with that Yeah
Chair Sarnaff Cause 1 think infederal court itsjust not its going to move at somewhat rapid pace Ithink the Mayorsentitled to know and remember just because we hire them at that next Commission meeting
Commissioner Suarez Right
Chair Sarnaff could be 30 days before they have their opinion
Commissioner Suarez Agreed
Chair SarnoffAnd then you have Mr Quinon you have the Mayor
Commissioner Suarez 1 agree
Chair Sarnoff influx
Commissioner Suarez Iagree
Chair Sarnoff to put it best
Commissioner Suarez I agree
Chair SarnoffAll right so
Commissioner Suarez Wait wait wait
Commissioner Carollo Mr Chairman and should any attorneys contact us what should be the process Have them send their resumes and
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Commissioner Suarez Yeah Iwould say send the resume and a written proposal which will he aflatfee proposal and the scope ofwork will he your in essence giving us advice on all the matters relating tothis litigation as ifyou were the City Attorney for the City ofMiami in that capacity
Commissioner Carollo And youll be bringingall the proposals to the next Commission meeting
Commissioner Suarez Yes
Commissioner Carollo Thank you
Chair Sarnoff And Madam City Attorney Idlike to establish can you represent me and give me advice as to the section where its read that Icouldpotentially well Itdon think they said potentially 1 will be a material witness Can 1 sit here and vote on this issue
Ms Bru Commissioner Sarnoff I think thats something that you as an attorney will have to decide what it was that you Imean only you know whatyou were involved in And Ithink that you can always contact the Florida Bar and request an opinion from them
Chair Sarnaff Well 1 think 1 know what Iwas involved in too so Iwas a little surprised to hear that Im involved in anything But having said that theresan allegation and Im asking you as my attorney until you declare a conflict can I sit here and vote
Ms Bru Again Iwould think that if you know that you have nothing to worry about in terns of implications in this lawsuit Ifyou feel that the testimony that is alleged that youre going to give is material enough significant enough where you feel uncomfortable being involved then perhaps you can reach out to the Florida Bar and askfor an opinion on whether or notyou have a conflict
Chair Sarnoff Andjust so the record is clear by you suggesting theresanything Im suggesting this is all news to me and theresnothing
Ms Bru Right Therefore then I dont believe that you have a conflict ifit ifthis is just simply something that
Chair Sarnoff You can or cannot give me advice
Ms Bru Well you know if we could all be witnesses at any time in this case all ofus any one ofus That doesntmean that you have a conflict just because youre a witness in the case
Chair Sarnoff And thatssomething Iwanted to hear
Ms Bru Yes And as a matter offact Ithink the press has incorrectly reported that Irecused myselfbecause there is reference to my being aparticipant in certain events or a witness to certain events Thats not the reason why I have removed myselffrom participating in any advice to this Commission So no you dont have a conflict simply because you may be a witness in the
case
Chair Sarnoff Thatswhat Ineeded to hear frana my lawyer
Ms Bru Well again you always have the Florida Bar that you can rely on too as a member of the Bar
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Commissioner Carollo Mr Chairman
Chair Sarnoff Youre recognized
Commissioner Carona And speaking with regards to Florida Bar we will be also lookingfor attorneys outside of South Florida cause I know Commissioner Sarnoff Chairman Sarnoff you know did a goodpoint that you know Idontwant any perception that any ofthe attorneys know me and stufflike that so I
Commissioner Suarez 1 think thats a greatpoint
Commissioner Carollo Hopefully it could he you know statewide So it could be you know maybe from Tampa Jacksonville you know taking nothing awayfrom any attorneysfrom here orformer you know council or City or County councils from here butIwant to make sure that you know there everything thatsbeen addressed here is also taken into consideration
Commissioner Suarez Illdo the hest that Ican in two weeks You know Iwill do the best the very best thatIcan Now Im in yourposition where you were two weeks ago so Ican only imagine how much fun thatsgoing to be and Im saving thatfacetiously by the way So Ill do the very hest that 1 can Ill try to you know reach out to people in multiple jurisdictions and you know use all the resources that were suggested and see if at the end ofthe day its up to this body to decide
Commissioner Carollo Right
Commissioner Suarez So we may end up with Mr Davis after its all said and done or we may end up with someone else Well have multiple options and well go forward hopefully and then well make the next decision and you know go through this process as it comes to us
Chair Sarnoff All right So
Vice Chair Gort Mr Chairman Ithank you very much And Mr Davis thank you far being on the phone
Chair Sarnoff Thank you Mr Davis for being on the phone with us And Ithink theyre anticipating getting a letterfrom you for a flat rate You still there
Mr Davis Yes We could talk about it offline exactly what you want me to you know in terms ofhow you want me to describe it Ill he happy to whateveryou think is appropriate
Chair Sarnoff Okay And then send that letter ifyou would to Commissioner Suarez All right so we will stand in recess Im going to give you guys three hours till 1230 Im sorry 330 Excuse me 330
NA3 DISCUSSION ITEM
13 00052
FLORIDA GOVERNOR RICK SCOTT CONGRATULATED THE CITY OF MIAMI COMMISSION ON MAINTAINING A GREAT CITY
DISCUSSED
Chair Sarnoff All right Mr Mayor youre recognized jar the record
Mayor Tamils Regalado Thankyou Mr Chairman Vice Chairman Commissioners Itsan honor to introduce the governor ofthe great state ofFlorida Governor Rick Scott Hesvisiting
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Miami Although he in a tight schedule he wanted to come and say hello to the residents and to the City Commission
Chair Sarnaff Thank you
Governor Rick Scott Its a real honor to he here today Ijust came by to see the Mayor Yall are doing a greatjob Ive traveled Ive done seven tradedelegations now around the world The firstplace they want to come to is Miami Everybody wants to visit Miami So congratulations on what youre doing You got a great city Youve kept your crime rate low jobs are coming back housingscoining back So Ijust wanted to congratulateyou on everything youre doing and have agreat 2013 Have agreatday Bye bye
Chair Sarnoff Thanks Governor
Governor Scott Allright see you
Applause
Chair Sarnoff Iwas concerned Ithought Commissioner Carollo was bringing him upfor Ultra Ifeel better now
Commissioner Carollo You didntreceive his email electronic
Chair Sarnoff I guess I
Commissioner Carollo You received everyone elses email
Vice Chair Gort Ididntget any
Chair Sarnoff There you go
ADJOURNMENT
The meeting adjourned at 826pm
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