city of miamiegov.ci.miami.fl.us/meetings/2013/1/2479_m_city... · 2013. 3. 8. · city of miami...

City of MiamiCity Hall

3500 Pan American Drive

Miami FL 33133wwwmiamigovcom

Meeting Minutes

Thursday January 10 2013

900AM

REGULAR

City Hall Commission Chambers

City Commission

Tomas Regalado MayorMarc David Sarnoff Chair

Wifredo Willy Gort Vice ChairFrank Carollo Commissioner District Three

Francis Suarez Commissioner District FourMichelle SpenceJones Commissioner District Five

Johnny Martinez PE City Manager

Julie 0 Bru City AttorneyDwight S Danie City Clerk

City Commission

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

PZ PLANNING AND ZONING ITEMS

MAYOR AND COMMISSIONERS ITEMS

M MAYORSITEMS

Di DISTRICT 1 ITEMS

D2 DISTRICT 2 ITEMS

D3 DISTRICT 3 ITEMS

D4 DISTRICT 4 ITEMS

D5 DISTRICT 5 ITEMS

Meeting Minutes January 10 2013

CONTENTS

PART B

City ofMiami Printedon2122013

City Commission

PR1

1201476

900AM 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 regularsession The Regular Commission Meeting was called to order by Chair Sarnoffat907am

recessed at 1101am reconvened at 1102amrecessed at 1216pmreconvened at336pmrecessed at630pmreconvened at644pm and adjourned at826pm

Notefor the Record Vice Chair Gort and Commssioner Spence Jones entered the Commissionchambers at 908amand Commissioner Carollo entered the Commission chambers at 912

am

ALSO PRESENT

Julie O Bru City AttorneyJohnny Martinez PE City ManagerDwight S Danie City Clerk

Chair Sarnoff Welcome everybody to the January 10 2013 meetingofthe City ofMiamiCommission 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 heshere He

promises that as even though he the rightside wingman he will continue to be prompt Themembers 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 Bruthe CityAttorney and our new bright star Dwight Danie itsstill Dwight Dania

Dwight S Dante City Clerk Today

Chair Sarnoff Today Dwight Danie the Clerk City Clerk who Ithinkwell then convert

over next week to our new City Clerk So weregoing to give Dwight the new shining star todayThe meetingwill be opened with a prayer by Commissioner Suarez and the pledge ofallegiance

by Commissioner Gort

Invocation andpledge ofallegiance delivered

PRESENTATIONS AND PROCLAMATIONS

PRESENTATION

Honoree

Amigos for Kids

Tacolcy Red Raiders


Presenter Protocol Item

Lewis V Swezy Mayor Regalado Salutes

Jenny C Guzman Commissioner Gort

Stadium Apartments

Mayor Regalado Certificates of Appreciation

Commisioner Commendation

Suarez


City Commission

Special Recognitions

The City of Miami honors the new Miami Film Industry and movieThe Last Stand Luis Guzman Rodrigo Santoro Genesis Rodriguez

1201476 Protocol Itempdf

PRESENTED


1Mayor Regalado and Vice Chair Gortpresented a Special Certificate ofAppreciation toLewis

V Swezy and Jenny Guzman ofStadium Apartmentsfor their wonderful commitment tocivic

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 TacolcyRedRaiders Junior Pee Wee Football Teamfor 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 IIJunior Pee WeeNational Champions ofthe 56th Annual Pop Warner Super Bowl

3 Mayor Regalado paid tribute to actors Luis Guzman Rodrigo Santoro and GenesisRodriguez 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 LastStand SpecialScreening Dayinthe City ofMiami

Chair Sarnoff Weirillnow make the presentations and proclamations Mr Mayor youarerecognizedfor 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 Itsthe film industry

Chair Sarnaff thefilm industry 1 guess Vincent Is Vincent going to be presenting or

Commissioner SpenceJones He wentoutside

Mayor Tomas Regalaldo Right

Chair Sarnaff Mr Mayor you want topresent

MayorRegalado Well theyre here And actually the premiere ofthe movie is in Paragon inCoconut 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


City Commission

City of

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 ofthestate ofFlorida sic And they are very excited

Chair Sarnoff California

MayorRegalado to he here

Commissioner SpenceJones 1 think they said Mr Mayor theyregoing to go upstairsfirst

cause theyrewaiting 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 Whenyoure absolutelyready 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 Your530

Commissioner Suarez Its the last standfbr Last Stand

Chair Sarnoff It is two minutes to530 Lets see iftheyre theyre standing upstairs stillPZ7 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 Theyrecoming

Chair Sarnoff Now were ready Mr Mayor youre recognizedfor the record

MayorRegalado Thankyou Mr Chairman and members ofthe Commission

Printedon2122013

City Commission

APPROVING THE MINUTES OF THE FOLLOWING MEETINGS

MAYORAL VETOES

Presentation made


Motion by Commissioner Suarez seconded by Commissioner Spence Jones to APPROVEPASSED by the following vote

Votes Ayes 5 CommissionersGort Sarnoff Carollo Suarez and Spence Jones

Motion by Commissioner Suarez seconded by Commissioner SpenceJones to APPROVE

PASSED by the following vote


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 13and 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 nodiscussion all in favor then please say

aye

The Commission Collectively Aye

NO MAYORAL VETOES

END OF APPROVING MINUTES

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 CityAttorney Good morningand congratulations Mr Chair on theappointment 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


City Commission Meeting Minutes January 10 2013

available at the City Clerksoffice The materialfor each item on the agenda is available during

business hours at the City Clerksoffice and online atwwmiamigovcomsic Anyone wishing

to appeal any matter any decision made by the Commission at this meeting may need a verbatimrecordofthe item Please no cell phones or other noisemaking devices Any person who

becomes unruly or makes offensive remarks will be barredfromfurther Commission meetingattendance Any person with a disability requiring auxiliary aids please see the City Clerk atthis time Thankyou Mr Chair

Chair Sarnoff Thank you

Later

Chair Sarnoff Mr Manager does the Administration have any withdrawals or deferrals that itwishes to make

Johnny Martinez City Manager Yes Mr Chair 1 willgo through them slowly CA3defer to

February 14 PH8defer to February 28

Chair Sarnoff Im sorry what was that one

MrMartinez PH8

Chair Sarnoff Okay

MrMartinez defer to February 28 FR2defer to February 14 RE1defer toFebruary 28

RE3defer to January 24 RE6and 7 defer to February 14 andDI1 defer to February 28

Chair Sarnoff All right Everybody did everybody get that Is there a motion

Commissioner Suarez So moved


Chair Sarnoff Is there a second Any discussion

Commissioner Carollo Yes 1just want to go through it one more time and confirm thenumbers

Chair Sarnoff Go ahead

Mr Martinez Okay

Chair Sarnoff Mr Manager

Mr Martinez Illstartfrom the top CA3defer toFebruary 14 PH8 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 DI1gotyou February 28

MrMartinez Yes sir

Commissioner Carollo Thank you

Chair Sarnoff All right Is there any further discussion Hearing no further discussion then


City Commission

please indicate by saying aye



Chair Sarnoff All infavor It carries Im sorry Iapologize Ill get the hang alitformerMr Chair

Commissioner Suarez Youredoing bet much better thanIwas 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 meetingour blue page items


Chair Sarnoff All right This meeting is now adjourned


City Commission

CA1 RESOLUTION

1201386

CA2 RESOLUTION

1201389

CONSENT AGENDA

Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION WITHFacilities ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BY ANDBETWEEN THE CITY OF MIAMI AND NMMA BOAT SHOWS INC FOR THEUSE OF DOCKAGE SPACE AT MIAMARINAAT BAYSIDE FOR THE

PRESENTATION OF THE STRICTLY SAIL MIAMI VENUE OF THE MIAMI

INTERNATIONAL BOAT SHOW COMMENCING FEBRUARY 9 2013THROUGH FEBRUARY 20 2013 WITH TERMS AND CONDITIONS MOREPARTICULARLY SET FORTH IN SAID AGREEMENT

1201386 Summary Formpdf

1201386 Legislationpdf1201386 Exhibit 1pdf

This Matter was ADOPTED on the Consent Agenda



R130005

Department ofPublic A RESOLUTION OF THE CITY OF MIAMI COMMISSION WITHFacilities ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE AN

AIRSPACE AGREEMENT AND ADDENDUM AGREEMENT IN

SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMICITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION

FDOT FOR THE CITYSOCCUPANCYAND USE OF22036 ACRES OFFDOT OWNED PROPERTY LOCATED UNDER INTERSTATE95 AT

NORTHWEST 72ND STREET IDENTIFIED AS PARCEL 3831 AND PARCEL4236 MIAMI FLORIDA WITH TERMS AND CONDITIONS AS MORESPECIFICALLY SET FORTH IN SAID AGREEMENT

1201389 Summary Formpdf1201389 Legislationpdf1201389 Exhibit 1pdf



R130006

CA3 RESOLUTION

1201388

Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION WITHFacilities ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE A

SECOND ADDENDUM AND AMENDMENT TO LEASE AGREEMENT


City Commission

Motion by Commissioner Suarez seconded by Commissioner SpenceJones that this

matter be CONTINUED PASSED by the following vote


CA4 RESOLUTION

1201088


SECOND AMENDMENT IN SUBSTANTIALLY THE ATTACHED FORMBETWEEN 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 1FDOT OWNED PROPERTY LOCATED UNDER INTERSTATE95 BETWEEN

SOUTHWEST 6TH AND SOUTHWEST 7TH STREETS AND SOUTHWEST

3RD AND SOUTHWEST 4TH AVENUES MIAMI FLORIDA FOR PRIVATEPARKING WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SETFORTH IN SAID SECOND AMENDMENT

1201388 Summary Formpdf1201388 Memorandum ofAgreementpdf

1201388 Legislationpdf

1201388 Exhibit 1pdf

Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE

Attorney DIRECTOR OF FINANCE TO PAY YASSER HECHAVARRIA WITHOUTADMISSION OF LIABILITY THE SUM OF 50000 IN FULL AND COMPLETESETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS INCLUDINGATTORNEYSFEES AND COSTS AGAINST THE CITY OF MIAMI ITSOFFICERS AGENTS AND EMPLOYEES IN THE CASE STYLED YASSERHECHAVARRIA VS ARMANDO ROJAS ETAL PENDING IN THE UNITEDSTATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDACASE NO 10cv 21417MGC UPON THE EXECUTION OF GENERALRELEASES OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF ALLDEFENDANTS WITH PREJUDICE ALLOCATING FUNDS FROM ACCOUNTNO05002301001545000000000000

1201088 Memo Office ofthe City Attorneypdf

1201088 Memo Financial Signoffpdf


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


END OF CONSENT AGENDA


City Commission

900AM

PH1 RESOLUTION

1201412


Chair Sarnoff Do any ofthe Commissioners wish to have any items removedfrom the consent

agenda or the regularagenda Allright Do we have a motion to approve the consent agenda

Vice Chair Gort Move it


Chair Sarnoff We have a motion We have a second Any discussion Hearing no discussion

all infavor please say aye


PUBLIC HEARINGS

Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITHCommunity and ATTACHMENTSAUTHORIZING THE ALLOCATION OF COMMUNITYEconomic DEVELOPMENT BLOCK GRANT CDBG CLOSE OUT FUNDS AS

Development SPECIFIED IN EXHIBIT A ATTACHED AND INCORPORATED IN THETOTAL AMOUNT OF 43864030 ALLOCATING SAID FUNDS AS STATEDHEREIN THE AMOUNT OF 40000 TO MIAMI BAYSIDE FOUNDATIONINC FOR TECHNICAL ASSISTANCE ACTIVITIES TO BUSINESSES 50000TO 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 MIAMIDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG

RESERVE ACCOUNT FOR FUTURE CITYWIDE CDBG ELIGIBLE

ACTIVITIES AUTHORIZING THE CITY MANAGER TO EXECUTE THENECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITYATTORNEY FOR SAID PURPOSE

1201412 Summary Formpdf1201412 Notice to the Publicpdf



matter be ADOPTED PASSED by the following vote


R130001

Chair Sarnoff Okay we have PH1

George Mensah Director Community Development Good morning Mr ChairCongratulations on your appointment

Chair Sarnoff Thank you George

Mr Mensah This is George Mensah director ofCommunity Development PH1is a resolution


City Commission

authorizing the allocation ofCommunity Development Block Grants closeout funds attached

and incorporated a total amount of438640allocating saidfunds to 40000 Miami Bayside

Foundationfor technical assistance to businesses and50000to the Department ofGrantsAdministrationfor environmental cleanup ofa site located at 1199 Northwest 62nd Street

Chair Sarnoff All right Is any ofthe public wish to be heard on PH1Youre recognizedforthe record

Grady Muhammad Good morning Mr Chair Grady Muhammad president and CEO ChiefExecutive Officer ofMiamiDadeFirst Happy New Year Were in favorofthis overall

especiallyfar the Bayside Foundation because theyre doing a great jab 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 lastyear 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 ofMiami minorities We havegiven over seven loans to citizen ofMiami resident businesses And we have sponsored aprogram with SCORE Counselors toAmericasSmall 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 seeingnone public hearing is now closed corning hack to this Commission Do we have a motionMove it

Commissioner Spence Jones So moved

Commissioner Suarez for discussion


Chair Sarnoff We have a motion and we have a second Commissioner Suarez is recognizedforthe 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 aboard that had all kinds ofproblems to a board thats incredibly productive and one ofthe bestboards 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 BaysideFoundationWheresNathan Yes and the whole team because it a team ofyouguys and especially theexecutive 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 SoIlook

forward to working with them andIsupport this item 100 percent

Chair Sarnoff Anyone else All right hearing no one else thenIll bring it to a vote All in

favor please say aye



City Commission

PH2 RESOLUTION

1201413

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 TOTHE DISTRICT 3 COMMUNITY CENTER PROJECT IN THE AMOUNT OF300000 FOR THE PURCHASE AND DEVELOPMENT OF THE SITELOCATED AT 1320 SOUTHWEST 12TH AVENUE MIAMI FLORIDA INACCORDANCE WITH CDBG REGULATIONS AUTHORIZING THE CITYMANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A FORMACCEPTABLE TO THE CITY ATTORNEY FOR SAID PURPOSE1201413 Summary Formpdf

1201413 Notice to the Publicpdf

1201413 Pre Legislationpdf1201413 Legislationpdf

City ofMiami

Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter be

ADOPTED PASSED by the following vote

Votes Ayes 5 CommissionersGort Sarnoft Carollo Suarez and Spence Jones

R130002

Chair Sarnoff Okay PH2


George Mensah Director Cotmnunity Development PH2is a resnlutinn authorizing theallocation ofCDBG Community Development Block Grantfunds in the amount of300000

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


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 DidntIdidIsay Carollo Iapologize The motion was by CommissionerCarollo The second was by Commissioner the Vice Chair And public hearing is nowopened

Mr Muhammad you are recognizedfor the record

Printedon2122013

City Commission

PH3

1201414

Department ofCommunity andEconomic

Development

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 Weneed to get thesefunds expended becausefrom whatIve been looking at and when Isay

looking for the last threeagendas December 12 13 February 11 we spent seven or not

spent Weve put 7 million in the commercialfacade compliance and economic developmentreserve Ifwe continue toput 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 herecaptured and the City will be the ones that are losing We cannot afford any loss to these

funds Thank you Mr Chairman


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 pleasesay flye


RESOLUTION


A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE

ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN

THE AMOUNT OF 660000 FROM THE DISTRICT 3 ECONOMIC

DEVELOPMENT RESERVE ACCOUNT ALLOCATING SAID FUNDS TOMIAMI DADE COLLEGE FOR PUBLIC FACILITIES AND IMPROVEMENT

ACTIVITIES SPECIFICALLY THE REHABILITATION OF THE TOWERTHEATER AUTHORIZING THE CITY MANAGER TO EXECUTE ALLNECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITYATTORNEY FOR SAID PURPOSE



Motion by Commissioner Carollo seconded by Commissioner SpenceJones that thismatter be ADOPTED WITH MODIFICATIONS PASSED by the following vote


R130003

Direction by Chair Sarnoffto the Administration toprepare a comprehensive report within thirty30 days regardingpayments in lieu oftaxes to include all resolutions andor actions taken by

the City Commission to collectpayments 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 anypayments due to the City ofMiami as a result further addressing whetherthe City can create an obligationfor payments in lieu of taxes from the State ofFlorida andorMiamiDade County

Chair Sarnaff PH3



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 specificallyfirthe rehabilitation cf the Tower Theater

Commissioner Carollo Mr Chairman

Chair Sarnoff Yourerecognizedfor the record Commissioner Carollo

Commissioner Carollo Imove it However


Commissioner Carollo there is Iwant to do afloor amendment Instead of650 Ithink theamount 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 recognizedfirthe record

Grady Muhammad Again 1302 Northwest 54th Street And December 2009 was award wellwas 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 topay the taxes because we have what is calledthe economic development fund that allows nonprofits to be able togeta loan WDNA radiostation 889did it and others But we have to think outside the box when it comes to District 5

because CurleysHouse is one of the most successful organizations in helping the elderly andseniors in our neighborhoods but more importantly thejobs that theyre creatingwith the

Marlins the Heat Sun Life Stadium Theyreensuring residents from the City ofMiami of

getting jobs at these games When it the Marlinsgames itsthree games they have up toroughly 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 CurleysHouse is a 501c3nonprofit why haventwe been able to think outsidethe 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 sameflike we all using right

now Commissioner Gort firTower Theater as well as the CCP to he able to help purchase thatproperty what is already owned by the City Donate that property to CurleysHouse Help them

renovate it andfurnish it to be able to expand the job training as well as the elderly meal ButImtalking like whatyou talking Commissioner Mr Chairman jobs jobsjobs and thats

whattheyreproviding and theyjust need anotherfacility because theyre renting thisfacility

where they at and it inadequate and it only literallyfor servicesfor the elderly This will hefor CurleysHouse employment service and they employing morepeople in this City than

anybody else And 1 thank you Mr Chairman Commissioners

Chair Sarnoff Thank you Anyone else wishing to be heard on PH3PH3 Time startsrunning now You got to getup 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 thatThe 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 IUNINTELLIGIBLE 27 25thAvenue 7th Street to 5th Street all those four city blocks Now they parkinglotsfor the

City ofMiami Printednn2122013

City Commission

college They dontpay taxes and there were a bunch ofhouses that were paying And then we

worry about howwere going toget the 7millionfor thepolice department Because in lieu of

taxes in other cities all these organizations arepaying something something to the cities Weprovide 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 thereforfree to school Thank you

Chair Sarnoff Thank you Mr Cruz Commissioner Carrillo Iapologize This is not onsubject But let mejust askthe Manager Itsa question thatIvealways 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 somethingforthe 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 SarnoffDo we get contributions in lieu of taxes

DanielAlfonso Director Strategic Planning Budgeting and Perfarrnance The City has not

been receiving payment in lieu oftaxes for a number ofyears Thefederal government pays itnot the state or others

Chair SarnoffBeg pardon


Mr Alfonso Itpays it to the County The County receives it They too have interests in it and

theyrenot sharing that with us

Chair Sarnoff Why

Vice Chair Gort Because we are notgoing 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 awarethat the County has not been paving us the inkindcontributions that theyvebeen receiving from

thefederal government

Mr Mensah 1 can speak to the public housing part in the City 1 believe some time ago threeyears ago the City we wentand 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 stoppedpaying it But at that time the County Public Housing Agency was being managed by thefederal



government so they told us to wait until And after that time theresbeen so much changes in

the County we haventUNINTELLIGIBLE

Chair Sarnoff Okay hereswhatIm going topropose and Ihope the Commissioners will

support me an this I dontknow whatdepartment this is Danny but Imgoing to look at youbecause youre sort ofa go to guy Id like to know everything there is to know aboutcontributions in lieu Idlike to know over the past ten years what the historic breakdown ofit

was Idlike to know how itwas 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 Wecertainly have somefriendships abilities with the County to find outwhy it is theyre holding on

to the Citysportion if they 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

wepresent it to the Commission and to the Administration What wefound was the Good

Neighbors sic policy This is afederal its not a federal law butitsafederal program that

pays the cities and the countyfar the use ofprimary services And I presented I think theCommission voted infavor to askfor that money Yeah Willy was here I remember Andnobody happen nobody did anything at the time ButIdo 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 calledIknowfor a fact Good Neighbors sicpolicy

Chair Sarnoff Mr Mayor there seems to be two issues One issue is thatIve heard andI

only know thisfrom this dais discussion right now so Ive been here six years This has not

come upfrequently in the six yearsIve been here What heard said to me a moment ago was

that thefederal governmentpays the County hut the County has notpaid us Thatsone issueSecond 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 becausewepolice 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 thatscoming its the City

thatscoming So Iheard two different things AndIdlike to see 30 days a report to thisCommission 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 sicany state or county but there is afederal policy that andIremember Willy was here and we

voted on it andIthink its nota lot ofmoney but it money

Chair Sarnoff Well

Vice Chair Gort My understanding we did collect some

Chair SarnoffSorry

Vice Chair Gort My understanding is we did collect some funds and we went after the Countyand we event after the state also utilizing thefederal program We tried toget the state and the

County to implement the same program



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 daysyouregoing 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 whatyou started theCommission with your idea which is thatduring the day during the office hours the population

ofdowntown swells A lot ofthem are othergovernmental buildings and we have topolice that

And to keep a healthy ratio ofpolice officers topeople everyone should he doing theirfairshare So 1 think

Vice Chair Gort UNINTELLIGIBLE City

Commissioner Suarez we have an obligation to go after these funds on a continual basis sothat we can he so we can help our residents who arepaying you know the property taxes inour 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 acommuter tax and that commuter tax is aimed at making the people that commute to the City ofNew 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 andletsjustcall 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 Commission

PH4 RESOLUTION

1201415

Mr Danie Wouldyou like to close the public hearing


Chair Sarnoff Oh Iapologize Let me close the public hearing Corning back to the

Commission all in favor on PH3 please say aye


Johnny Martinez City Manager As amended 60 right

MrMensah As amended

Commissioner Carollo Thatsright As amended



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 SAIDFUNDS TO THE CITYS DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT MICRO ENTERPRISE ASSISTANCE PROGRAMAUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY

DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FORSAID PURPOSE


1201415 Notice to the Publicpdf


Motion by Commissioner SpenceJones seconded by Commissioner Carollo that this



R130008


George Mensah Director Community Development PH4is a resolution authorizing the

transfer ofCDBG Community Development Block Grantfunds District 5 reserve account

in amount of31230 and allocating it to Economic Development Micro Enterprise Assistanceprogram

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 Commission

PH5

1201416

Department ofCommunity andEconomic

Development


favor ofthis butagain we have a gentleman thatsin 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 wasgradedon do you have partnerships with otherorganizations Doyou have clientele Whats

the clientele and the demographics thats going to be served That is a social serviceapplication Mr Edward Colebrook and Shantel Lounge Goombay Shantel Lounge is also abusiness 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 DepartmentofHousing 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 herewe have money and were spendingfunding And we need to help those businesses cause thatswhere the money keep going in the economic development reserve Why is thefnotgoing

out to the community Thankyou Mr Chairman Commissioners

Chair Sarnoff Thank you Mr Muhammad Anyone else wishing to be heardon PH4PH4

Public hearing is now closed coming back to this Commission

Commissioner SpenceJones So moved


Chair Sarnoff We have a motion by

Commissioner Carollo Second

Chair Sarnoff Commissioner Spence Jones second by Commissioner Carollo Anydiscussion Hearing no discussion all infavor please say aye


RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION WITH

ATTACHMENTSAUTHORIZING THE ALLOCATION OF PROGRAM YEAR20122013 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUNDSIN THE AMOUNT OF 48628 FROM THE DISTRICT 5 RESERVE ACCOUNTIN THE PUBLIC SERVICE CATEGORY TO THE AGENCIES AS SPECIFIEDIN ATTACHMENT A ATTACHED AND INCORPORATED FOR PUBLICSERVICE ACTIVITIES AUTHORIZING THE CITY MANAGER TO EXECUTEAGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITHSAID AGENCIES FOR SAID PURPOSE1201416 Summary Formpdf1201416 Notice to the Publicpdf1201416 Pre Legislationpdf1201416 Legislationpdf1201416 Exhibit 1pdf

Motion by Commissioner SpenceJones seconded by Commissioner Carollo that thismatter be ADOPTED PASSED by the following vote


R130009


City Commission



George Mensah Director Community Development PH 5 is a resolution authorizing theallocation ofCDBG Community Development Block Grant public servicefunds in the amount

of48628 from District 5 to the agencies


MrMensah thatsprovided



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 onP115

Grady Muhammad Yes sir PH5 we givingfunds to CurlevsHouse Liberty City Community

Economic Development and my question is the Liberty City andIrequest 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 sixmonths one home in six months They have not builtany homes The Model City Trust ofwhich

I used to sit on the ME grant the neighborhood initiativegrant isfrom 2003 All offunds thatthe Model that the Liberty City Trust has has come from the Model City Trust Theyvenot

raised a dime They have not helped the business They have not renovated a home They have

not done anything And werepaying a salary of100000 to a executive director and myquestion is for what Were giving social public service dollars This is supposed tobe 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 buildingsThe apartment buildings are vacant 750 and 754 Northwest 70th Street They had tenants in

those units Now the buildings are vacant theyrevandalized and they say there is no money to

fix it Next weekFriday at the Housing and Commercial Loan Committee were giving 37000for housing rental Then the next weve already given another 50000 in DecemberforAdministration Mr Manager why we still have cause theresbeen no board meetings thatthe community can call for the firing ofElaine Black so Imgoing to call for the firing ofElaineBlack 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 themost incompetent person thatsbeen 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 asIstated IthinkDanny

can be able to verify whatImstating in reference to the house and she hasntclosed on in six

months Every other dime There has been no fundingthatsbeen raised by the Liberty City

Trust The buildings are headquartered

Chair SarnoffThank you

Mr Muhammad in Coral Gables




MrMuhammad In conclusion

Chair Sarnoff No youvehad your conclusion andIwant to thank you firthat conclusion

Mr Muhammad Thank you Mr Chairman


Commissioner Spence Jones Mr Chairman

Chair Sarnoff Yes sir maam Excuse me

Commissioner SpenceJones Iwould first of allIdlike for staff to respond to it and thenIll

respond afterwards

Chair Sarnoff Okay Go ahead Mr Mensah

Commissioner SpenceJones Lets deal with the houses that are not built and how manyUNINTELLIGIBLE

Mr Mensah Ijust want to say that we have eight homes currently under construction Out cf

that eight homes as part On NSP NeighborhoodStabilization Program program there is fourhundred 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 beingprocured topurchase 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 thisparticular item thiswas 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 beforeAnd the proposal that was put together isfor job creation job training componentfor thatparticularplan Thatswhy itwas 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 importantfOryou to address

cause theres a question aroundwhether or not any houses were built and I knowfor a fact thatevejust 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 closeon 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 weare in theprocess ofrehabbing Aconstruction 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 usingthe funds 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 thinkarefruitless 1 think that its really really important that weget when we get up on the mike as public citizens and we spew things that are negative aboutpeople without the facts I think that does a disservice not only to this community but to thisCommission Ithink that we have to he mindful ofthe things that we say about people without


City Commission

PH6 RESOLUTION

1201431

City of

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 quitefranklyIm 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 onlyfrom a district perspective but even from a personalperspective Ido notwish toput his

business out in publicjust as he wishes toput otherpeoplesbusiness out in public ButIwould

ask that Grady Muhammad reach down deep inside ofhis souland inside ofhis spirit to makesure that when he says things that are negative about people that he understands that it affects

them in a terrible way SoImnotjust going to Im not going to engage in defending Elaineengage in defending George engage in defending you know whatwere doing in the district Ifanybody wants to see whatshappening in the district all they need to do is go and take a look

andIll 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 heardon 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 AndIdo want

to say that were one ofthe agencies that has 100 percent quality assurance monitoring perfectaudit andyou all know the excellent services that were providing so itshoesthe responsibility

in this dais ofreally choosing to place thesefunds with agencies that are really going to makeyour dollar run God bless you on the name of all the consumers we serve Happy New Year to

all AndIwant to also thank the Department Thankyou so much

Chair Sarnoff Thank you Ms Del Monte Anyone else wishing to be heardon PH5PH5

Public hearing is now closed coming hack to the Commission Anyfurther discussion All infavor then please signify by saying aye




Community and TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS INEconomic THE AMOUNT OF 95000 FROM THE COCONUT GROVE BUSINESS

Development IMPROVEMENT DISTRICT ALLOCATING SAID FUNDS TO THE CITY OFMIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENTECONOMIC 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 EXECUTEALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITYATTORNEY FOR SAID PURPOSE



Motion by Commissioner SpenceJonesseconded by Commissioner Carollo that thismatter be ADOPTED PASSED by the following vote

Printedon2122013



R130010

Chair Sarnoff PH6

PH7 RESOLUTION

1201460

George Mensah Director Community Development PH6is a resolution authorizing a

transfer ofCDBG Community Development Block Grant funds in an amount of95000from

the Coconut Grove Business Improvement District and allocating those funds to the DepartmentofCommunity and Economic Development Loan Pilot program for awards forforprofitbusinesses inDistrict 1


Chair Sarnoff We have a motion by


Chair Sarnoff Commissioner SpenceJones We have asecond by Commissioner Carollo It

is a public hearing Anybody wishing to be heardfor thepublic Mr Muhammad you are

recognized

Grady Muhammad This is a good thing again cause the moneysin economic reserve This is

forjob creation job retention Itsthe same thing Shantel Lounge and Colbrook phonetic will

be doing savingjobs but we cantseem to thinkoutside the box Congratulations Mr Chair

on this because this is how we need to continue to start toputting real dollars into businesses

that can be able to retain jobs and createjobs The microenterprise is great but they reallycantcreatejobs Thankyou again Mr Chairman Commissioners

Chair Sarnoff Thank you Anyone else wishing to be heardon PH6Hearing none seeingnone the public hearing is now closed corning back to the Commission All in favor please say

aye


Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITHCommunity and ATTACHMENTSAUTHORIZING THE ALLOCATION OF FUNDS IN THEEconomic AMOUNT OF 190500 FROM THE POVERTY INITIATIVE PROGRAM

Development ACCOUNT NO 14010910101882000IN THE AMOUNTS AND TO THEAGENCIES AS SPECIFIED IN ATTACHMENTA ATTACHED AND

INCORPORATED FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAMYEAR 20122013 AUTHORIZING THE CITY MANAGER TO EXECUTEAGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITHSAID AGENCIES FOR SAID PURPOSE

1201460 Summary Formpdf1201460 Legislationpdf1201460 Exhibit 1 SUBpdf

Motion by Commissioner SpenceJones seconded by Commissioner Suarez that this

matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote



City Commission

R130004

Chair Sarnoff PH 7

PH8 RESOLUTION

1200390

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


MrMensah the agencies that are


Mr Mensah attached


Chair Sarnoff We have a motion by Commissioner SpenceJones second by Commissioner

Suarez Itis a public hearing Anybody wishing to he heardon 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 thecommunity This is definitely with the antipoverty initiative something thats very well deservedAnd 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 ofthesefundingfrom 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 ofThank you

Chair Sarnoff Thank you Anyone else wishing to he heardon PH7PH7 public hearing is

now closed corning back to the Commission Any discussion or anyfurther discussionCommissioner

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 Anyfurther discussion All infavor then please say lye



City Commission

Department ofPublic ITEM WILL BE WITHDRAWN BY ADMINISTRATION

Facilities

PH9

1201077

Department ofPolice


A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSBYA FOUR FIFTHS 4 5THS AFFIRMATIVE VOTEAFTER AN ADVERTISED PUBLIC HEARING RATIFYING CONFIRMINGAND APPROVING THE CITY MANAGERSRECOMMENDATION AND

WRITTEN FINDINGS PURSUANT TO SECTION 1885 OF THE CODE OFTHE CITY OF MIAMI FLORIDA AS AMENDED WAIVING THEREQUIREMENTS 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 FLORIDAAUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER

AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BY ANDBETWEEN THE CITY OF MIAMI CITY AND HYATT EQUITIES LLCHYATT 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 778306TO BE PAID BASED ON A PERCENTAGE USE OF THE SYSTEM WITH THECITYS SHARE NOT TO EXCEED 238745 FURTHER AUTHORIZING THECITY 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 OFBOND COUNSEL AND CONSULTATION WITH THE CITY ATTORNEYALLOCATING FUNDS FOR THE CITYS CONTRIBUTION FROM CIP

PROJECT B70414 WITH TERMS AND CONDITIONS AS MOREPARTICULARLY SET FORTH IN SAID LETTER AGREEMENT

1200390 Summary Formpdf1200390 Notice to the Publicpdf1200390 Memo Waiver of Competitive Biddingpdf1200390 Legislationpdf1200390 Exhibit 1pdf


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

RESOLUTION


ATTACHMENTSBYA FOUR FIFTHS 4 5THS AFFIRMATIVE VOTEPURSUANT TO SECTION 1892A1AND 3 OF THE CODE OF THE CITYOF MIAMI FLORIDA AS AMENDED AFTER AN ADVERTISED PUBLICHEARING RATIFYING APPROVING AND CONFIRMING THE CITYMANAGERSFINDING OF A SOLE SOURCE WAIVING THEREQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES



AND APPROVING THE PROCUREMENT OF SERVICES FROM ATTFOR AFULLY MANAGED HOSTED NG911 SOLUTION FOR THE DEPARTMENT

OF POLICE FOR AN INITIAL TERM OF FIVE 5 YEARS WITH THE OPTIONTO RENEW FOR ONE 1 ADDITIONAL FIVE 5YEAR PERIOD AT A FIRSTYEAR COST NOT TO EXCEED257777888AND FOR EACH

SUBSEQUENT FISCAL YEAR AT AN ANNUAL AMOUNT NOT TO EXCEED57777888PLUS AN ADDITIONAL ANNUAL AMOUNT OF 12896496TOBE PAID DIRECTLYTO THE STATE OF FLORIDA FOR NETWORK ACCESS

FEES PURSUANT TO MYFLORIDANET STATEWIDE PRICES SUBJECT TOFUTURE RATE ADJUSTMENTS BY THE STATE OF FLORIDA ALLOCATINGFUNDS FROM THE E911 SPECIAL REVENUE PROJECT NUMBER

19196003 AWARD 1214 ACCOUNT CODES12000190351534000000000000AND 12000190351 541000 000000000FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATIONWITH THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE APROFESSIONAL SERVICES AGREEMENT IN SUBSTANTIALLY THEATTACHED FORM FOR SAID SERVICE ACQUISITION


1201077 Memo Purchase Fully Managed Hosted NG911 Solutionpdf1201077 Legislationpdf1201077 Exhibit 1pdf

Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter beADOPTED PASSED by the following vote


R130011

Direction by Chair Sarnoffto the Administration toprepare 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 SoPH9is ratifying andapproving confirming the City Managersfinding ofa sole source waiving requirementsfor

sealed and competitive bidding and approveprocurement services for ATTAmericanTelephone Telegraph for afully managed hosted New Generation911 solutionfor the Miami

Police Department and the Fire for a term offiveyears with an option to renew the firstyear

cost being 25million and subsequently 577000to be paid annually for accessfees andfunds

from the E911 special revenue project This does not have a generalfund impact This comesfrom our E911 funds

Chair Sarnoff All right

Commissioner Carollo Move it

Chair Sarnoff We have a motion by Commissioner Carollo


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 ofMiami Page 2 Printedon2122013


Grady Muhammad Ican assure you Mr Chairman when we did the thing in July oflastyear

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 theJames L Knight Center She wasfired This is publicfacilities James L Knight Center Yessir

Chair Sarnoff This is PH9

MrMuhammad P oh excuse me PH8My had Imsorry Thatswhat was looking atpublic hearing Give me a second Mr Chairman

Chair Sarnoff PH9Mr 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 recognizedfor the record

JC Flores J C Flores regional director external affairs ATT in support ofthe itemThank 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 somebodywants somethingfrom this Commission that youcan fix a problem that has beenfestering in theCity ofMiamifor a very very long time Interestingly enough Idontknow ifCommissioner

Suarez remembers this but he walked with me predominantly in my Latin district and we walked

into a home and aLatin gentleman came outand actually started crying because he wasshowing us the spaghetti wire and double pole infront ofhis house And he said all 1 wantrom

you Commissioner is tofix this And you know doublepoles Im going to say 60 percent ofthe 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 ofthem ATTsareflat But those poles are notonly used by ATT theyreequally used by

FPLand theyrealso used by Cox Cable AndIm Corneas Iguess theyrecalled 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 isyourejust too new at the game Corneas howeverhas never stepped up to the plate Iwould tell you that about 30 to 40 percent ofyourproblemsare Corneast And believe it or not you have to order first Cornetist has to take theirs down

and then they have an ordering process AndIalmost wish our director ofPublic Works washere because what weve been able to devise andIdid not restrict this to my district They

have aplan in place You want to go on the recordand tellus what the plan is

MrFlores Sure



Chair Sarnoff Because Ithink every Commissioner wants to hear this

MrFlores 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 saycreated districts throughout the City ofMiami Ibelieve they created about sixdistricts 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 expeditedmanner As a result Impleased to say that we at ATTsince we met with Public WorksNovember 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 Theyveagreedand FPL as well AndIm actually encouragedwith 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 beyou know with a goodfaith effort that they will continue There are still poles that Mr Flores

andIhave spoken about that FPLandIhave spoken about poles that its notjust looks Its

notjust aesthetics Were talking safety Weretalking poles that are really leaning down that atany moment willfall and certainly with any little storm or you know wind like you know

windstorm that we usually have So you knowImtaking the leap offaith you know and

showing goodfaith that you know we shouldnthijack thisprocess in order to do something thatIthink is very good because Ithink our residents have definitely spoken to all ofus SoImjust

want to say that You know Ithink weshould show some goodfaith

Chair Sarnoff Agreed But letsfind outfrom our Public Works director how what is it

Ronald Reagan that said Itrust you butIdlike to verify it Ithink itwas 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 inplace The three respective utilities have committed to removing on average 60 poles per month

in order to he able to eliminate the balance of2600poles Out ofthat2600 about 700 ofthose

are within the Grove area which is why we targeted to startfrom the Grove so that once weeliminate that area we will expand it to other regions within the City The residual power that

the City may exercise once thisprocess is completed today could he achieved through thepermittingprocess 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 youpermits for the respective utilities until they come back to

Johnny Martinez City Manager Go ahead

MrIhekwaha until we are ahle to come hack toprogress Again likeIsaid Iam very

confident based on my meetings with the three utilities that they are committed to doing thisLike the Commissioner said we previously had issues with Comcast butweve 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 JC Flores and we had aproductive meeting


City Commission

yesterday


Mr Martinez Zerry can we prioritize the poles that present a safety issue for Iknow youivant to start where theresthe most ofthem butat 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 eliminatedfirst before we go hack

to double poles within the allies which obviously might nothe as significant haled on theaesthetics and safety

Chair Sarnoff So Mr Director presently in the City ofMiami there are how many doublepoles

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 have2600 or ifwe have2300 or we have2500 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 tookdown a hundredpoles Idecided to issue a hundred permits becauseIbelieved them We may

not like that Or we might say Zerry that was a good idea ButIll tellyou something the

former chair used to always say Ijust want to hold people accountablefinr what they should hedoing Now Imsurprised there are2000 poles in the City ofMiami and disappointed

candidly AndImnot blaming us But its this is something the citizens take notice of SoId

like you to report hack to us in 90 days Mr Flores I hope you come hack AndIdlike to hearhow Comcast is still interested and still cooperative cause there is your what do they always

say Thatsthe guy that light in the pants thatsnot 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 haveagreements 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 ATTandI

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 inMidtown and they service andIam glad to see that theyre there The police department isgoing with that Especially Ihave a daughter in the police department andIam glad that when

she call she doesntget a dead spot or aproblem that she get it right away She geta backup

there Thankyou

Chair Sarnoff Thank you Mr Cruz Anyone else wishing to he heard on PH9 Seeing nonehearing none public hearing is now closed coining back to the Commission Anyfurtherdiscussion Hearing no further discussion all infavor please say aye


City Commission


END OF PUBLIC HEARINGS

ORDINANCES FIRST READING


FR1 ORDINANCE First Reading

1201417

Department ofPublic AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER

Works 54ARTICLE IISECTION 5455 OF THE CODE OF THE CITY OF MIAMIFLORIDA AS AMENDED ENTITLED STREETS ANDSIDEWALKS CONSTRUCTION EXCAVATION AND REPAIRNOTICE TOREPAIR SIDEWALKS AND CURBS TO INCLUDE DRIVING LANESPARKING LANES AND SWALES AND TO CLARIFY THE EXTENT OFRESPONSIBILITY FOR ABUTTING PROPERTY OWNERS AND IDENTIFY

ENFORCEMENT PROCEDURES CONTAINING A SEVERABILITY CLAUSEAND PROVIDING FOR AN EFFECTIVE DATE

1201417 Summary Form SRpdf1201417 Legislation FRSRpdf

Motion by Vice Chair Gort seconded by Commissioner SpenceJones that this matter be

PASSED ON FIRST READING PASSED by the following vote


Chair Sarnoff Okay Looks like wewill start with P FR1

Nzeribe Ihekwaba Good morning again My name is Zerry Ihekwaba Public Works directorFR1is 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 lastdiscussion item hack in November that was sponsored byCommissioner 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 areplantedin the private property that their roots have grown into the public rightofwav to

damage thepavement areas Any questions


Chair Sarnoff All right we have a motion by Commissioner Gort


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 anordinance

The Ordinance was read by title into the public record by the CityAttorney

Dwight S Dania City Clerk Roll call


City Commission

Aroll call was taken the result ofwhich is stated above

Mr Danie The ordinance has passed onfirst reading 50


FR2 ORDINANCE First Reading1201316

Miami Parking AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER

Authority 35ARTICLE IV OF THE CODE OF THE CITY OF MIAMI FLORIDA ASAMENDED ENTITLED MOTOR VEHICLES AND TRAFFICPARKINGRATES MORE PARTICULARLY BY AMENDING SECTIONS 35191THROUGH 35196 TO UPDATE RATES AND FACILITIES CONTAINING ASEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE

1201316 Summary Formpdf1201316 Legislation Version 2 FRpdf




RE1 RESOLUTION

1201075

END OF FIRST READING ORDINANCES

RESOLUTIONS


REVOCABLE LICENSE AGREEMENT AGREEMENT IN SUBSTANTIALLY

THE ATTACHED FORM BETWEEN THE CITY OF MIAMI CITY AND THENATIONAL JOURNALISTS ASSOCIATION OF CUBA IN EXILE INC AFLORIDA NON PROFIT CORPORATION LICENSEE FOR THE USE OF

APPROXIMATELY 5205SQUARE FEET OF CITYOWNED PROPERTY

LOCATED AT 970 SOUTHWEST 1ST STREET OFFICES 400 401 MIAMIFLORIDA FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THEUNIFICATION OF CUBAN JOURNALISTS LIVING IN EXILE COMMENCINGFROM THE EFFECTIVE DATE WITH THE LICENSEE TO PAY A MONTHLYUSE FEE TO THE CITY OF TWO HUNDRED SIXTYEIGHT DOLLARS AND

06100 26806 PLUS STATE OF FLORIDA USE TAX IF APPLICABLEWITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY

SET FORTH IN SAID AGREEMENT

1201075 Summary Formpdf1201075 Short Form Exempt 2011 Tax Returnspdf1201075 Legislationpdf


Motion by Commissioner Suarez seconded by Commissioner Spence Jones that thismatter be DEFERRED PASSED by the following vote



City Commission

RE2

1201328

Department ofCapitalImprovementsProgram

City of


Notefor the Record Item RE1was deferred to the February 28 2013 Commission Meeting

RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE ANINTERLOCAL AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORMWITH MIAMI DADE COUNTY COUNTY FOR THE REMEDIATION AND

CLOSURE OF THE VIRGINIA KEY LANDFILL FURTHER TERMINATING THEGRANT AGREEMENT WITH THE COUNTY DATED AUGUST 24 2004 FORTHE PREPARATION OF A CONTAMINATION ASSESSMENT PLAN AND SITE

ASSESSMENT REPORT AND REPLACING IT WITH THIS INTERLOCAL

AGREEMENT FOR CLOSURE OF THE VIRGINIA KEY LANDFILL

1201328 Summary Formpdf1201328 Pre Legislationpdf1201328 Legislationpdf1201328 Exhibit 1pdf

Motion by Commissioner Spence Jones seconded by Commissioner Suarez that this



Notefor the Record ItemRE2was 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 RE2and RE4should probably be heard in pari materia Suarez might like that So thepublic hearingfor RE2and RE4will be open simultaneous Youre recognizedfor the record

Mark Spanioli Good morning Commissioners Mark Spanioli CIP Capital Improvements

Program director RE2is a resolution authorizing the City Manager to execute an interlocalagreement with MiamiDade County fbr the remediatinn and closure ofthe Virginia Key landfill

Some ofthe highlights ofthe agreement are that the County willprovide all the work necessary

and absorb all the costs associated with the landfill closure


Chair Sarnoff We have a motion


Chair Sarnoff by Commissioner SpenceJones Is there a second


Chair Sarnoff Second by Commissioner Suarez Any discussion


Chair Sarnoff Youre recognizedfir the record

Commissioner Carollo Thank you Quickquestion what happens ifthe cost is over 45 million

Who bears the Iguess cost after 45 million

Printedon2122013


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


Chair Sarnoff Commissioner Imsorry Vice Chair youre recognized

Vice Chair Gort I have a lot ofproblems with this issue andIve been reading a lot ofthedocuments andIdonthave the answers to a lot ofquestions thatIve 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 workon this 45 million that we had to do the remediesofthe 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 spillof32000 gallon ofdiesel whichcarne 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 thinkwe can do a little betterthan whatwe have And Iknow the Administration have worked very hard on this andIadmire

them with the work theyvedone butIthinkwe can get a lot more AndIdlike to have sometime

Chair Sarnoff Alice youre recognized

Alice Bravo ChiefofInfrastructure Alice Bravo assistant City manager And in reviewing thestudies that we have provided to your chiefofstaffyesterday or a couple ofweeks ago

Vice Chair Gort Yesterday

Ms Bravo No The studies were provideda couple ofweeks ago and

Vice Chair Gort The original study I read it and thats where Igot all the information to bringitforward now

MBravo Right Well weve provided him a couple ofstudies afew weeks ago when the itemwas originally deferred and wentover some ofthe history in there Those documents described

the fuel spills that youre stating and that those actions were cleaned up and addressed by theCounty and those actions were closed Once the landfill is capped if that landfill isfound to hereleasing some other contaminants theresalways roomfor the regulatory agencies to take

action against us In the mid 90s they asked that methane monitoring takeplace So eventhough the landfill was closed therewas 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 2000That was in those documents as well

Vice Chair Gort Okay One ofthe questionsIve 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 dontsign a contracttoday we still have an addition an additional cost today ifwe sign it thisyear we have anadditional cost and Idontknow what this what the cost is going to be to us being how much



more were going to bepaying now instead offer two years waiting till 2015 AndIdontwant

to wait till 2015 but 1 want to make sure weget 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 wego The

city we go to

Keith Carswell Director Solid Waste Doral

Vice Chair Gort Dora We go to Doral Theressome places in Miramar wecan go to That

studyIgot the other day Im looking at it According to the original study that 1 received nowthat 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 donthave all the information so Iwill 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 theterms elRE4and the analysis that he prepared with regard towhat it would cost the City to take

the solid waste to Broward County

Vice Chair Gort When did Ireceive that

Mr Carswell Ireviewed thatwith a member of your staffyesterday

Vice Chair Gort When

Mr Carswell Keith Carswell directorfor the Department ofSolid Waste As we made therounds meetingwith various Commissioners several questions were raised and we addressedthem 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 waswhat is the costassociated with transporting the our garbage to Broward County So we did

an analysis And basically whatwere talking about in orderfor our operation to go toBroward County were talking about oneway trips Typically whatwe try to do in balancingthe routes is garbage for example We like to see them do two or three trips per day to kindof

balance outand 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 thetime they do the collection by the time you factor in a lunch break by the time youfactor in

travel tune you only are able togo on the route once drive toBroward and then youfinish So

in looking at garbage alone for our operation we have 23 routes We wouldneed to add anadditional 20 trucks We would need to purchase we would need to hire additional 20

operators Thatsjust in trash division we would need topurchase 5 additional cranes hire

10 additional purchase 10 additional rubbish trucks plus you have pension costs associatedivith 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 whatwe would

normally have to pay it comes out to about 68 a ton okay Were currently paying on averagebetween going to the transfer station and going to resource recovery which is a cheaper rate6991aton 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 theCounty has committed to defending the revenues The County controls the permittingprocessThe 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 toaccept MSW at a transfer station because it would make sense fromrom that standpoint then we

have an outprovision And again iffwedecide to then haul up toBroward in addition to the



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 Ithinkthefirst tranche was about 28 million So it was always understood It was always discussed 11

was aphilosophical agreement ifyou will ifitwasntlegal that the remediation would he part

ofthe extension ofthe interlocal agreementfor the transfer ofthe tonnage Again if the rates godown because the Vice Chair is right come 2015 there are about 17 municipalities that are

currently tied to the interlocal agreement Youreabsolutely correct The only two that have

signed up was North Miami and Homestead which received remediation grants But if the rateshould drop even though were signing up today we willget 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 Ithinkyour

department is wonderful Its the greatest service because thats very important picking up thethe sanitation is very important Ithinkyour department is one thatsreally 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 nowfor tonnage What are we paying rightnow

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 wego to the central transferstation which is down the street and we go to the west transfer which is Coral Way


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 noImtalking about here in Miami Dade County ifwe to sign thecontract

Mr Carswell We would sign on at the existing rates

Vice Chair Gort At the existing rate


City Commission

Mr Carswell At the current rates

Vice Chair Gort the next 15 years

Mr Carswell There are CPI ConsumerPrice Index potential escalation costs


Mr Carswell associated with that

Vice Chair Gort So theres no increase Now let me ask you a question The what doyoucall 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 onlyone that use it

Mr Carswell Cantsay that we may he the were definitely I would imagine the onlymunicipality 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 AndIm trying to get whats bestfor us cause this is a contract were going tosignfor 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 ownprocess itsdone by the City In our

contract the Countysthe onesgoing todo 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 surethe 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 todo the contamination assessment report the site assessment report the remediationaction 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 theyreyou know reviewing the documents So as part Phis

agreement we said okay County were it seems likewere notgoing to do the report toyoursatisfaction You go ahead andfinish the report Youre responsiblefordoing the closure and

youre going to he giving us a million dollars a year ofmaintenance throughout the life oftheproject So Ithought it was winwin because as Keith kindofalluded to earlier Ithink were


City Commission

tied to the County The County says okay walk away you donthave to do the interlocal

agreement But now were responsible for the cleanup ofthe site anyway and we have togo to

Broward County When youfactor in those two things Ithink that the good business decisionfarthe 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 tothe County But I strongly believe that this is a good thingfor the City right now Weve gotfavored nation clauses in there We have out clauses in case andIunderstand whatyoure

saying Theyrethe permitting agencies and theyllcontrol the permits But ifthey get

challenged and somehow the rates ever drop well he eligible you know far those lower ratesBut right now 1 only see twopaths saying to the County guess what were notgoing todo the

extension ofthe solid waste agreement which means wevegot togo to Broward County and

clean up our own site And based on that Id rather extract from them the million dollars a yearfor

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 lotofother things that Idontwant to mention

Vice Chair Gort Let the tellyou whatIdlike 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 Imonly 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 hetaken together because I think that one naturally flows with the other one And so I dontknowhow much Ihave to add to whatsalready been said but my understanding whatsgoing on is we

have obviously leverage because werethe largest city and we obviously have leverage because

the County wants to do a deal with us and thatllprobably he apredicate and thefoundationforthe 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 totake 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 notgoing toyouregoing to have to you want to take it to Broward Take it to Broward Now youvegot 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 andmaintenance that we have to do ourselves after the site is closed You know I do have somefamiliarity with this because ofthe District 7 Commissioner andIknow that this is one ofthe

projects that the District 7 Commissioner has allocated a significant amount ofmoney AndI

know that one ofthefrustrations has been that it hasntbeen spent The moneysthere The

moneysthere itsbeen therefor a long time It hasntbeen spent And l think even the auditorgeneral 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 doprecisely that Imean the County knows how to negotiate They



know they have whatbargaining 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 Thatsmyunderstanding ofthe legalposture Is that correct Mr Manager

Mr Martinez Yes sir Now based on the model we sold the bonds itdhe 4 million a yearjust only a slight correction instead of3

Commissioner Suarez So it would cost us an additional 4 million a year wedhepaying moremoney to take it to Broward and we lose outon a million dollars an operation and maintenance

So personally Iwanted to commend the Administration cause Iknow that theyvebeen working

on thisfor a long time Iwant to commend the Solid Waste director and Ms Bravo and the CityManager Theyvehad countless meetings on this issue You knowIve been in one or two of

them and 1 know that theyve done a lot ofthings putting a lot ofmechanisms toprotect the Cityin the event that things change asIthink Commissioner Gort is worriedabout and 1 think

rightfully so You know ifsomething happens ifsomething is morefavorable toa city going

forward we should he able to get the benefit ofthat Plus if something changes in the privatesector landscape Ithink the Manager has also built in some protections along with MrCarswell 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


Chair Sarnoff Commissioner Carollo

Commissioner Carollo Thank you Holding this for two weeks would ithurt anything Are we

you know Cause 1 think thatswhat Commissioner Gort is askingfor Hessaying hey giveme an additional two weeks to review whatever documents and soforth So lguess my questionis

MrMartinez I71 Idontthinkitll it would

Commissioner Carollo Would it harm would there he any harm to the City ifwe waited anadditional two weeks and we bring itbackat 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 heardme say this hefbre When Igo out to Virginia Key Ithink to

myself whosthe Commissioner ofthis district Oh thatsright itsme And itsnot anything to

heproud of Andyet every one ofus couldhe proud here ifwe had ballfields out there simple

little ballfields football soccer whatever you want Call it whatyou will By the way not tosay that the Village ofKev Biscayne would not enjoy the use ofthose ballfields So from a

perspective from the dayIwalked into this Commission six years ago we have been talking

about this But 171 tellyou a conversationIhad with thenCity Manager Mignya Back in the

conference when we used to have the COW Committee ofthe Whole room itwas larger and

then Commissioner Gimenez was there And Migoya in his usual style said Im not payingforthis and theres no way youre ever going to get me to pay for any ofthis And Gimenez said andlooked at the Administration ofthe County and said this isnthard to understand The City is in


City Commission

crisis and theresno way theyregoing to ever he able topay anything above whatever the bond

amount was So Gimenez said to them go back figure outa way that we become primarily

responsiblefor this Now unfortunately the County wants to link the tippingfee for solid wasteto this issue Itsno secret the County is the 800pound gorilla and the 800 pound gorilla

throws the 2pound gorilla around as it chooses to andwere the 2 pound gorilla So what the

Manager did andwedspoke about it was create whats called the mostfavored nationstatus 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 wepurchasedfor them to ride up toBroward If dontknow this hybrid trucks dontdoquite so well hauling long hauls as does a diesel truck And 1 can get into the scienceofthat but

take that as an absolute given Ifyou were tofactor in the wear and tear ifyou were tofactor inthe costs associated thereto we wouldhe over the 7613 that we wouldbe paying Its not even ahard 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 nfthe key the keeper ofthe keyprevents 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 ifa governmental entity were to hold on to that

monopoly itwould probablybe satisfactory So Commissioner Gort 1 wantyou to be satisfiedbutIcould tellyou as the Commissioner ofthe district having dealt with thisfor six years

having negotiated with Migoya having negotiated with Gimenez having asked this Managerpersonally to get involved having asked Alice Bravo togetpersonally involved having sat with

them for probably more hours than they care about having said to themIdlike tosee a ballfield

heforeIleave this Commission AndIdontthink werefactoring in the quality nflifeweredepriving the citizens ofMiami from having because there simply arentenough ballfields in the

City ofMiami and theresjust not enough rawfun landfor the folks to have And this youknow we talk about crime And I know Commissioner Spence Jones will tell me there is acorrelation to kids being idle and not having enough to do So itsall a little piece ofthe puzzleItsall 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 if1may

Chair Sarnoff Yourecognized

Vice Chair Gort Let me clarify somethingfirst AndIwant to work with the County Ithinkwehave 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 tobe 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


Commissioner Suarez They claim that the extension is tied to the bond because the bond has a

longer maturity than our agreement


City Commission

Vice Chair Gort AllIwant to see ifwe can get the transfer station ifwe can get some

reduction some savings

Commissioner Suarez Look

Vice Chair Gort Thats allIm trying to get

Commissioner Suarez MayIMr Chair

Chair Sarnofj Let me go to Suarez and then over to Spence Jones

Commissioner Suarez Sure Mine isjust real quick Listen I donthave a problem with thetwoweek deferral As everyone has stated here you know were all acting in goodfaith trying

toget this thing done and truing to get it the hest dealfor the City SoIdonthave any issuewith a twoweek deferral Ijust Ithink the discussion was healthy Ithink wegotpretty 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 entitywill come in and say were going to challenge the Countysright to you know administrativelydeny us a transfer station and they might win And the beauty ofthis agreement is that if they do

win and we do get some sortofa 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

MrMartinez 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 thatthis 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 ofwell 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 andfurther andfurther

Mr Martinez Our estimate Commissioner itsgoing togo 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 thepresentation we collected about3000 tons of recycling a year Through last week were at2800 tons alreadyfor 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 werelooking 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 Inever truthfully really thought we were the cleanest city in America butwe did win it You might


City Commission

want to reapply because Igot to tell you we are a much

Commissioner Spence Jones Iremember

Chair Sarnoff greener city just in that simple process that we put in place And anotherperson that deserves a kudos is you You andIve said it before but as long as you know Iguess whenyoure 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 great job on that

Everything you said would happen is not only happening hut happening about 10 to 15 percentbetter

Commissioner Suarez Its overperformance

Chair Sarnoff than you said it would so thank you

Mr Carswell Well thankyou And it takes a team effort so those at the Solid Waste

Department thank you and also the Manager and his support Itsbeen 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 adistrict Commissioner has askedfor something to be deferred or have more time we all respect

that at least we try to SoIna actually the person actually made the motion but whatIwould

like to do just in justfor a matterofrespect to at leastallow the County toput something onthe recordas well and 1 thinkwe do have the department director

Mr Carswell Director who is no stranger to the City

Commissioner SpenceJones Okay Ijust would likefor her toput 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 Managementdirectorfor 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 andnumerous meetings with the Mayor And we cantcount the time weve spent with your staff in

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 themthere ButIwantyou to know that the County is always sensitive to those changes thatoccur in

the waste industry and so things that happen outside ofour county do impact us And as theCity is our largest municipal customer we are the County our own largest waste customer so


City Commission

City ofMiami

certainly whatwould 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 weprotect our own real

interests So those concerns are certainly forefront in our mind The twoweekdelay is notgoingto 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 orsome questions wellbe available to address those

Vice Chair Gort Iwould appreciate that becauseI

Ms Richardson Certainly

Vice Chair Gort Ive not been part ofany ofthe meetings so Iwould love to meet withyall

Ms Richardson Gladly

Vice Chair Gort Thank you

Ms Richardson Certainly

Chair Sarnoff Iwouldnthave ordinarily opened up apublic hearing hut since the County

spokeImgoing to getyou speak

JoeSimmons Thank you sir Happy New Year to everyone Joe Simmons Jrpresident ofthesanitation 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 ofcomments I agree with Mr Carollo about seeing Imean MrGort Commissioner Gort about a lower rate hopefidly What we would like to have taken into

consideration as part ofyall discussions during the two weeks beforeyouregoing to look at it

again ifit doesntpass today is to consider us having the same rate dumping our material onthe 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 15years agoand 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 wesupport itwholeheartedly Thankyou


Chair Sarnoff All right procedurally what 1 thinkwe need to do is have the maker withdrawthe 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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RE3

1201340



Commissioner SpenceJones next Commission meeting be okay

Vice Chair Gort Yeah

Chair Sarnoff All right we have a motion to defer it for the next Commission meeting


Chair Sarnoff Is there a 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


Chair Sarnoff There you go All infavor please signify by saying dye



Mr Martinez That was Mr Chair that was RE2and 4 both

Chair SarnoffRE2andRE4

Commissioner Spence Jones And 4

RESOLUTION


ATTACHMENTSAUTHORIZING A GRANT TO THE MUSEUM OF SCIENCEINC 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 FROMCAPITAL IMPROVEMENT PROJECT NO B78502A ENTITLED MUSEUMOF SCIENCE DEVELOPMENT IN BICENTENNIAL PARK AUTHORIZING

THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE

EXISTING PROJECT COOPERATION AGREEMENT AS AMENDED WITHMMOS IN SUBSTANTIALLY THE ATTACHED FORM TO INCREASE THEFUNDING UNDER THE GRANT AGREEMENT FROM AN AMOUNTOF

2151625 TO AN AMOUNT UP TO2700000 FOR SAID PURPOSE1201340 Summary Formpdf

1201340 Legislation Version 3pdf1201340 Exhibit 1pdf






RE4 RESOLUTION

1201336

Notefar the Record Item RE3was deferred to the January 24 2013 Commission Meeting

Department ofSolid A RESOLUTION OF THE MIAMI CITY COMMISSION WITHWaste ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE THE

SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT INSUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMIAND MIAMI DADE COUNTY COUNTY AND CONTRACT CITIES FOR USE

OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM FOR SOLID

WASTE DISPOSAL OF MUNICIPAL SOLID WASTE




Motion by Commissioner Carollo seconded by Commissioner SpenceJones that thismatter be DEFERRED PASSED by the following vote


Natefar the Record ItemRE4was 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

MrDanie Yes

Chair Sarnoff UNINTELLIGIBLE

Commissioner Carollo Imake a motion todefer RE4to the next Commission meeting



Chair Sarnoff Youreaccepting that asRE2snotion right Okay We have a motion We

have a second Any discussion Hearing no discussion all infavor please say aye


City Commission

RE5 RESOLUTION

1201385


Chair Sarnoff Okay All right

Commissioner SpenceJones Mr Chairman is this the 11oclock 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 stuff like that We have some in Its outside Wheneveryouguys breakfor lunch ifyou want to get a little tour

Chair Sarnoff Can we go lights andsiren Justkidding


Police Chief Orosa Excuse me We got afew trucks a new police car a light system so that

wheneveryall 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

District 2 A RESOLUTION OF THE MIAMI CITY COMMISSION

Commissioner Marc OPPOSING SUPPORTING ULTRA MUSIC FESTIVALSREQUEST TO THEDavid 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 ATWO WEEKEND EVENT ON MARCH 15 2013 THROUGH MARCH 17 2013AND MARCH 22 2013 THROUGH MARCH 24 2013 DIRECTING THE CITYCLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO FDOT

1201385 Legislationpdf1201385 SubmittalBrian Maypdf

Motion by Commissioner Suarez seconded by Commissioner Carollo that this matter be

ADOPTED WITH MODIFICATIONS PASSED by the following vote


R130018



Chair Sarnoff All right so Iguess we will hear Ithink itsRE5and Supplemental Agendaitem Ultra

Commissioner Carollo Can we hear them simultaneously so it

Chair Sarnoff Absolutely absolutely You want to do a presentation Mr May you representUltra

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 allpartners in Ultra ImBrian Mayrepresenting 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 like just to start out by saying at the lastmeeting Iput on the record a number of the downtown neighbors that we had met with includingthe 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 therecord ifyou dontmind And I also would like toput into the record while Im at it

Vice Chair Gort CanIget a copy ofthe letter

Mr May Imsorry

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 AndIalso want toput into the record the traffic study that we

submitted at the last Commission meeting as well as the economic impact study which we havereferred 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 12thconsecutive event either at Bayfront Park or Bicentennial Park had to do a little math there fora 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 wellas 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 ofMiamiLast year it was a record event on one weekend with 165000people passing through the gatesover 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 alsogenerate upwards of

150 million in economic impact So while the event has its challenges and it has its issues itcertainly 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 thearea Were here tonight because we really would like the Commission to approve ofa second



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 ofBiscayneBoulevard 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 Idopoint out that we have agreed to ifamenable tothe Commission to rather than close the boulevard on the northbound lanes on Thursday night

at 10pmto 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 thatwe have proposed whichyou 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 ofoursound system until430 in the afternoon In addition to thatIve listed in the letter all ofthe

specific mitigation issues that we have undertaken with the stakeholders with whom weve met Iwill just categorize those briefly without getting into all the specifics But we are certainly going

topay far and puton the ground for instance at the Miami Center and Intercontinental

combine on those two properties which you know basically abut the park five additionaloffduty officers three at the Miami Center two at the Intercontinental simply to deal withany 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 thatIwould 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 towork with Bayside to make Bayside more a part ofthe event this year including providing someprogram 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 Andweve

alsoprovided and have agreed with them that we will market Bayside actually on our site itselfas 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 anwhere you sitEverybody has a different perspective and a different point ofview I can only tell you that UltraMusic Fest and the threepartners 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 thatImhere to answer any questions oraddress 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 tochime in first

Chair Sarnoff You mind ifIchime infirst

Commissioner Suarez No not at all

Chair Sarnaff Itsunusualfor the Chair hut itmight he useful Let me start by sort ofsetting

the recordstraightbecause a lot ofnews organizations and blags and magazinesand whatever

decided to say thatIwanted to kill the second weekend ofUltra And whathappened is Ultra

was selling the second weekend prior to ever coming before anyone and askingpermission forthat 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 neverIwas 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 thatthis is the business core for the Cityor And while you can withstand a weekend ofUltra

the question is Can you withstand two consecutive weekends ofUltra with people staying overfrom the Friday before all the way to the end ofthe Sunday And it was my estimation and my



opinion based onprivate 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 othereconomic realities that Ultra equally brings For instance the amount ofarrests that occur

One ofyour Bayfront hoard members told me you only had six arrests AndIwas like wow that

was apretty efficient weekend Turns out you had 71 arrests Earlier today we saw aUNINTELLIGIBLE study on what an arrest costs the City ofMiami And ironically Ultra

doesntbring a dollar to the City ofMiami Itmay bring 13million to the Bayfront Trust but

the Bayfront Trust doesnthave apoliceforce The Bayfront Trust doesnthavefirerescue TheBayfront Trust doesnthave a hospital The Bayfront Trust doesnttransport people to andfrom

the festival 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 policeofficers 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 BayfrontTrust 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 Ibelieve

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 Illgo onSingle purpose entity So we know that the City ofMiami tendered the defense ofthis case We

know that Ultrapurchased some insurance and Ultrahas said to the City ofMiami Hey City

andIm going to be colloquial ifyou dontmind were going to send it to our insurance

company and our insurance company will decide whether therescoverage But iftheresnot

coverage we are left with Ithinkits three correct me ifIm officers and the City ofMiami

defending itselffor more or less assault and battery overuse ofexcessiveforce the usual thingsthat we tend to get suedfirat 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 willreceive no compensation firthat unless the insurance company picks up coverage and that we

just dontkno yet

Mr May Thatsnot whatour letter said Commissioner

Chair Sarnoff No no I understand Your letter said the SPE the single purpose entity willdefend 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 Commission

City of


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 ifsomething 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 toindemnify the City against all these claims And if the officers are part ofthe City theyrea 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 thatyouve

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 usyour 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 toyou is there are costs

associated with Ultra that are not being reimbursed to the City because the City receives nomoneyfUltra The City doesntget one dollar from Ultra The Trust gets

Mr May Is the Bayfront Park Trust an agency ofthe City

Chair SarnoffBut 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 OhImsorry Have they in thepast


Chair Sarnoff Youreall Letme finish cause Iknow youregoing to Imnot unaware of

what weregoing to say Imbringing 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 dontshare your vision that you should have this type ofdisruption this Woodstock in the central coreofthe City ofMiami Perfectly okay to do it three days aweek but nowyouveincreased 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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City Commission

City nfMiami

Mr May justtto

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 kindofevents

Mr May No

Chair SarnoffRight But whatImsaying is youregoing to havefolks 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 Infact we have hoteliers thatwill not sell ahotel room downtown to afestival goer

unless they buy unless they comefor a seven day stay

Chair Sarnoff And therein lies

Mr May And theyreselling them


Chair Sarnoff another concern ofmine BecauseIve spoken to the police officers Ive

spoken to your previous security We all know drug usage at Ultra is significant And while itmay be okayjar a kid young roan young woman to gethigh whatever you want to call it

Friday Saturday and maybe Sunday there will be those that will attempt this Friday SaturdaySunday 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 ofchoice 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 tocome up and down up and down for whatcould be over a weekstime Well if just did itjarone weeks ifyou did itfor the one weekend period youdbefacing twoor three daysofthis

Itsa concern ofmine may not he a concern ofUltra Ultra might say wegot this all in hand

Immerely citingyou nay concerns

Mr May Understood

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City of


Chair Sarnofff And allImsaying toyou is it is notmy 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 thatyou did not have before SoIm 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 maybe50000 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 moveforward but on the following 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 ChiefofPolice budget 500000 Further that you agreeUltrashould 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 saiditwas twelve

Mr May No 12years weve been doing it at either Bayfront or Bicentennial

Chair SarnoffSo 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 AndMr Chairman

Chair Sarnofft Yourerecognized


Mr May CanIjust Can Imake one statement before we One thing thatI and my

clients are considering Theydlike to hear some more ofthe debate but theyredefinitely

considering your offer We Ijust want toput on the record that Ultra did go on sale withtickets 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 ManagementTrust 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 ifthatsokay But

Chair Sarnofff Well andIcould tellyou that 1 could citeyou that the City ofMiami is the only

jurisdiction that makes recommendations to the Florida Department ofTransportation as towhether you should close Biscayne Boulevard

Mr May Absolutely understood

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City ofMiami

Chair SarnoffOkay


Chair Sarnoff Yourerecognized


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 lastmeeting 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 raisedthat youknow Iwould like to comment on First ofall you know were discussing aninternational 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 MiamiIdhe the firstone saying it notgoing to happen again So you know and again on apilot 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 dontknow about limiting to just this saying

thatjust this year I think we should evaluate after this year And again if it has a negativeimpact Iam telling you Iwill be the first one saying yourenot coming back You donteven

have Bayfront Park Management Trust support Last year and the reason why Iam takinga

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 atAmericanAirlines 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 asthe 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 andImnot sure what the amounts are thisyear hutourpolice

officers are going to be receiving about 400 000 in overtime payment Ourfirefighters aregoing to he receiving over two hundred and something thousand in overtime payment So at thesame time its money to our employees extra money that doesntcomefrom the generalfindWith regards to Ultra notgiving any monies to the City ofMiami directly no indirectly yes

Wejust had a very successful whatIbelieve was a very successful New YearsEve celebration

The City ofMiami did not payJiff thosefireworks It 100000 right there infireworks aloneyou know The City ofMiami is not subsidizing all the maintenance in thatpark Itsa beautiful

park You know we havefree yoga You know downtown Miami uses that park quite a bit Allthat maintenance andIdonthave to tellyou because listen yourequite savvy andyou know

its notjust having apark It the maintenance behind itIve heard you do the arguments City

ofMiami doesntpayforthat The Bayront Park Manageinent Trust does So to a certain

degree okay maybe directly theyrenotgiving the City ofMiami money But indirectly listenhow doyou think thatsgetting paid From part ofthese shows So Ithink thatsimportant to

recognize Listen Ultra and the people representing Ultra came before us We actually had atleast two meetings one at the DDA Downtown Development Authority offices one here Andwe 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 meetwith everybody and make sure that these issues were resolved Itappears that they have unless I

know otherwise You know so realistically you know theyretrying 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 andIdontwant to be redundant Imaynot 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 moniesto 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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City of


weekend states a lot you know So Ithink its something that we need to really lookat and really

consider With regards to the drug use that was one ofthe conditions that Bayfi ontPark

Management Trustandl wanted tospearhead that they had to definitely do some type ofdrugprogram 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 dontknow if itsreally the UltraFest cause asfar as my knowledge they dontcondone any drug use or is itreally ouryouth AndIthink realistically and thatswhyIrequested that they put money

towards youthprogram and a drug outreach program Because you know realistically Ithink

some ofour youth whether its Ultraor somewhere else theyregoing to he you know doingdrugs l mean So realistically 1 dontnecessarily think that this is a big drug fest andyou

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 moniesgoing 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 fundingssic and it gonejust topolice and Ithink to a certain degree you knowIm not listen

public safety Imnotagainst it But at the same time letsremember this that this is the second

time that weve allocate a certain amount justfor police Cause in the future Imsure there willbe also allocations and Ijust want again notefor the record that this is precedent So youknow what Ithink its a great suggestion you know Ithink thatsa great suggestion However

the one thing that Iwould like to just mention in your request is with regards to thepilot

program Letssee how itworks out And Ican assure you you have my commitment ifits

really thatbadImgoing to be the first one to stand up and say no we dontwanta secondweekend or we dontwant Ultra whichIdontthink that will happen because weve had

successful Ultra in the past Thankyou

Chair SarnoffThank 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 kindofcomingJima the same perspective Youknow 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 cantafford Goats ordontlike boats But theresno doubt that itsa 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 MusicConference and thatssomething that involves not only Ultra it involves a variety ofdifferent

events Art Basel involves a variety ofdifferent events so does the Super Bouland the boatshow But some people come from around the world to enjoy the Winter Music ConferenceWere seen as one ofthe music capitals oftheworld And Ithink you know my vision fbr the

City ofMiami is that it he a worldclass destination AndIthinkwhen you you knowobviously itsalways difficult when you have a parochial interest that conflicts with something

like that Andweve talked about it before Weve talked about itwith Burn Notice and we you

know Ithinkyou 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 andsaid 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 itwas 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 itturnedout 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 opportunityTheyve obviously seem to have done what weve askedfor in the sense ofgetting all the

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City Commission

City of


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 andImassuming that theyre notgoing to stop now Theyregoing tocontinue 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 Ifwe wantedpeople to come to downtown Miami we needed to create housing And thatshow we

gotsome ofthe affordable housing buildings the old buildings toget people to come to

downtown Miami I think were finally you can see the buildings Brickell area the Omni theamount ofresidents and new residents that we have within downtown Miami Ithinkwefinally

getting for thefirst time in 20 years a 24hour downtown where it was something that wasmissingfor a long time So Ican understand it benefits a lot ofpeople hutat 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 AndIcan

tell youfrom experience I have people calling me that cantget out oftheir office because of thewhole problem it is So this has got to be a lot morecontrolled Ifyoure really going topass

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 thinkwe spent over 25 to 30 millionfrom generalfunds to create Bayfront Park to make it that attractive

Chair Sarnoff Commissioner Spence Jones

Commissioner SpenceJones Mr ChairmanIve heardeverybodysviewpoint Ijust want to

add a couple ofthings The first thing that 1 would like to say is really moreor less gearedtowards 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 quitefrankly I wish we can duplicate in many ofour venues in the CityofMiami And Iwant tocommend our Chairman over therefor doing agreat job as well in supporting Tim and his efforts

because the organization just to see where it is and how well itsdoing and never really having

to you know ask the City for anything really for the most part Iwanted to acknowledge theoperation 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 issuingpermits you know and then allowing the event coordinators to moveforwardfrom 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 atall And it seems as though were notgoing down that road but that was one ofthe concerns 1

had After me getting briefed it was kind ofcommunicated that because ofthis situation thattook place with the event that now we were going to be reconsidering Bayfront Parkspowers todo business And we have to reward people that are doing great AndIjust wanted to make sure

we werentgoing down that road AndIpersonally would notwant to tie their hands and vote onsomething and say you know no its infinite that they this is the onlyyear we can do it

because its the 15th year 1just thinkthatsa bad movefor us to make We kindofdid that with

Burn Notice and then we end up having for at least two years people corning backandforth infront of the City Commission fighting to stay open or keep their production here because wemade a commitment and quitefrankly it was difficult to adhere to the commitment SoIve

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 notwant to weigh in on a decision and say yes you can do it but you cantdo it nextyear especially if therewas no issues Iknowfor a fact that theresMemorial Day weekend you

know You didntmention that but I know thats a big event that Bayfront Park does downtownbig Ithinkits called Battle ofthe Best Biggest whatever You know the name ofthe event

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City Commission

City of


Tim And people comefrom 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 getawhole bunch ofyoung people in one placeyouregoing to have these things take place So IdontIjust dontwant to tie your hands cause wouldrather us tie Tims hands or the boardshands Iwould 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 havefire and rescue out there Because ifanything for whatever reason

happens you want to make sure somebodysthere to medically treat them So Iwould like tomake 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 whetheror 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 signagreements 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 eachother sitting on this dais butwe do have to be respectful to each otherand courteous AndIjust

dontlike anything thatfeels remotely like were you know back Ijust dontlike the

backbiting Idontlike that So you know and when something doesntgo the way wefeel it

should go it should notbe you know Imgoing to you know deal with it another way youknow Let thats that firstofall that sends the wrong message with us sitting up hereThat 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 AndIjust you know I

would hate you know Ijust again naypray is that prayer is that we getawayfrom that

kind ofbehavior and notalways when it not something that wefeel comfbrtahle with or wefeel 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 thatit is a great economic boost Quite franklyrankly I think the City employees Fire and Police theadditional revenueImsure that they can use it And not to mentionall ofthe people locally that

would be hiredpart time or fulltime during that time to set up to break down to clean up Imean and a lot rfthose people quite frankly Pm going to he honest with you theyregoing tobe 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 beingsaid those are the only two recommendations is to open it up to Fire Letsnot tie their hands

Andplease Ido notwant 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 dowell Thatsnay comment



Commissioner Carrillo Imake 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 Ithinkwe took both together

Commissioner Carollo Yeah hold on Mr Chair if would if7 may

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City Commission

City of

Chair Sarnoff Yeah Youre weregoing to take the public discussion together and now

youregoing to make a motion

Commissioner Carollo Okay and Ijust want to verify with the City Clerk were going to makea motion on each one separately correct

Dwight S Danie City Clerk Yes

Commissioner Suarez So which one are we onfirst

MrDanie 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 youputforth

Chair SarnoffOhImsorry 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 hewilling topay the 500 000 In addition to that we certainly agree that this be aonetime exception for the twoevent Imean the twoweekend event But we would request

your consideration that you know it he undertaken on apilot 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

thatsto 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 youregoing to vote the same way on the

Chair Sarnoff Idonteven know ifyou vote RE5up

Commissioner Suarez We shouldnthave


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City Commission

City of

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 thatwe have to

Commissioner Suarez Yeah yeah Iknow

Commissioner Carollo Listen it seems like they have agreed to everything that you wantedAnd nowImspeaking 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 apilotprogram Lets see how it goes And I toldyou you have my commitment If its really thatbad you knowImgoing 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 Thefollowing 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 Imnot


Chair Sarnoff suggesting you have to come hack


Chair Sarnoff at interim

Commissioner Suarez Right

Commissioner Carollo Right

Chair Sarnoff You could have ten guests the firstweekend Your second weekendsstill going tohappen andIhope that doesnthappen

Mr May Thatsnotgoing to happen

Chair Sarnoff 1 understand Im not saying thatsgoing to happen ButIm notsuggestingyour

second weekends not going to happen AllImsuggesting is that this is being approved as apilotproject for yourfifteenth anniversary And ifyou choose to bring it hack the next time youhave to bring it before the City Commission Ialso strongly recommend you do it as early as

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City Commission

City ofMiami

Commissioner Suarez Before you start selling

Chair Sarnoff November

Commissioner Suarez tickets

Chair Sarnoff Yeah before you start


Chair Sarnoff selling tickets

Vice Chair Gort And by the way let me add a little something Ithink this discussion wevealways likeyouvestated we disagreed hut discussions they always come out with good

conclusions at the end 1 mean 1 dontthink werefighting each other or going after anyone


Commissioner Carollo Commissioner Gort

Vice Chair Gort I thinkwere


Commissioner Carollo Ihave always welcomed discussion Ihave always welcomed debate

Ihave always welcomed discussion Ive saidit And let me tellyou something Ialways thinkthat 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 debate1 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 fora second time However Idontwant to limit it andjust you know say this is the only time

youredoing a second event and thatsit You know Ithink why limit ourselves What Iwantis you know lets evaluate Lets see

Chair Sarnoff Im notsaying you dontevaluate WhatIm

Commissioner Suarez Asking

Chair SarnoffHereswhat 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 itwas told to ine were going to sue you Really youregoing to sue

the City ofMiami because we didntapprove a second weekend

Mr May Who said that

Chair Sarnoff Oh that was said to me adnauseum AndIdidnt

Mr May Not by me Inever saidit to you ever

Chair Sarnoff No no You didntsay it Brian but others have saidit to me

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City Commission

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 truckdriveryouregoing to drive a truck so what

Mr May Totally agree with that

Chair Sarnaff So whatIm trying to do is 1 am Imsaying 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 AndIm saying lets evaluate it and bring it hack to this Commissionbecause this Commission really governs Idontdeny that the Bayfront TrustUNINTELLIGIBLE 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 dontwant to disturb that I dontwant to affect that Ithink itwill You knowIma tenant ofone ofthose buildings andIcould

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


Chair Sarnoff Yes


Commissioner Suarez Ijust want to state the motion Itsa motion to support the street closures

with the 500000for Fire and Police as weve all kindofagreed to and it coming back to thisCommissionfar afurther evaluation before ticket sales getsold next year And the other things

that they stipulated cause Ithink they stipulated some conditions thatIthink 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 theyvetaken the remediation steps that theyvetaken


Julie O Bru CityAttorney Mr Chair


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


Ms Bru theyregoing to be separately procuring



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 lotfancillary costs


Ms Bru Right Thankyou

Chair Sarnoff Madam City Attorney ifwejust extrapolate the number ofarrests from last

yearsevent you wouldntyoudjust about be compensating

Mr May But

Chair Sarnoff that number So there is evidentiary recordmade to substantiate that halfamillion dollars

Mr May Commissioner I would like to just put something on the record though that we wouldrequest that the motion state that this is this 500000payment is a onetime payment okayAs the two weekends are a onetime exception this is a onetime payment We certainly dont

want to he saddled with this goingforward And we would request respectfully that ifwego for

a second weekend next year that we have to come hack to get the traffic plan approved by thisCommission We agree to that Were on board with that And thatsthe motion we would like tosee

Commissioner Suarez Yeah And

Chair Sarnoff As well as you will not sell or advertise the ticket sale for a second weekend priorto achieving City Commission approval

Mr May Yes and we agree to come before the City Commission prior to November 15

Commissioner Suarez Ithink thatsin everybodysbest interest


Commissioner Suarez So Iwill amend my motion to reflect that since it a oneyear approvalthe paymentwill be for one year and were going to do the evaluation and put everything intothe 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 fara reason

Commissioner Carollo Mr May Were about to take a vote



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 topresale ticketsprior 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 thinkthatsan issue

Commissioner Carollo Thats not an issue

Chair Sarnoff So youre saying regardless ofthe outcome ofhow this goes theyre alwaysgoing toget aweekend

Commissioner Suarez Well they always have had a weekendfar 15years

Chair Sarnoff So therell never be an evaluation done by this Commission

Commissioner Suarez Well ifthey askusfor 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 stilldo an evaluation But 1 think in

essence

Commissioner SpenceJones The evaluation isntabout thefirst yearsic Ithought theevaluation was about

Commissioner Carollo Right Itsabout asecond

Chair Sarnoff Commissioner Gort

Vice Chair Gort Once we have the evaluation they would have tocome 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 cannotpresale before they come to you

Commissioner Carollo Absolutely They have to

Mr May No We would never do that


City Commission

RE6 RESOLUTION

1200201


Commissioner Carollo they still have tocome to Bavfront Park

Vice Chair Gnrt All right okay

Commissioner Suarez Okay


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



Commissioner Carollo Congratulations

Mr May Thankyou very much Mr Chairman

Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION WITHAttorney 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 OFTHE SUBLEASE WITH OLYMPIA RESIDENTIAL BUILDING PARTNERS LTDTRANSFERRING POSSESSION OF THE COMMERCIAL AND RESIDENTIAL

PROPERTY TO THE CITY OF MIAMI ASSIGNING ALL EXISTINGCOMMERCIAL AND RESIDENTIAL TENANT LEASES TO THE CITY OF

MIAMI RELEASING OLYMPIA BUILDING PARTNERSHIP LTD OF ALLCOVENANTS CONDITIONS AND OBLIGATIONS ARISING UNDER THELEASE SATISFYING LEASEHOLD MORTGAGES AND ACCEPTING THETRANSFER OF TENANT SECURITY DEPOSIT FUNDS FROM OLYMPIA

BUILDING PARTNERSHIP LTD IN SETTLEMENT OF ANY AND ALL CLAIMSAND DEMANDS AGAINST THE OLYMPIA BUILDING PARTNERSHIP LTD INTHE CASE OF CITY OF MIAMI VS OLYMPIA BUILDING PARTNERSHIPLTD PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI DADECOUNTY CASE NO 0328667 CA 27

City ofMiami



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City Commission

RE7

1200363

RE8

1201419

Office ofManagementand Budget


Motion by Commissioner Suarez seconded by Commissioner Spence Jones that this



RESOLUTION


ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE AMANAGEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORMFORA FIFTEEN 15 YEAR INITIAL TERM WITH UP TO THREE 3 FIFTEEN15 YEAR TERM OPTIONS TO RENEW WITH OLYMPIA CENTER INC AFLORIDA 501c3NOT FOR PROFIT ORGANIZATION FOR THEADMINISTRATION OPERATION AND MANAGEMENT OF THE AFFORDABLEHOUSING RESIDENTIAL RENTAL TOWER AND RELATED AMENITIES

INCLUDING RETAIL SPACES OF THE OLYMPIA BUILDING LOCATED AT 174

EAST FLAGLER STREET MIAMI FLORIDA 33131 FURTHER AUTHORIZINGTHE CITY MANAGER TO EXECUTE ALL OTHER CONTRACTSDOCUMENTS AND AGREEMENTS INCLUDING LEASES FOR SAIDPURPOSE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND INCOMPLIANCE WITH REQUIREMENTS OF THE INTERNAL REVENUE

CODE OF 1986 AS AMENDED THE CITY OF MIAMIS OBLIGATION UNDERTHE SUNSHINE STATE LOAN POOL PROGRAM AND THE CITY OF MIAMIS

HOMELAND DEFENSENEIGHBORHOOD CAPITAL IMPROVEMENTS BOND

PROGRAM

1200363 Summary Formpdf1200363 Legislation Version 3pdf1200363 Exhibit 1pdf

SPONSORS HONORABLE MAYOR TOMAS REGALADO

VICE CHAIR MARC SARNOFF

DEPARTMENT OF PUBLIC FACILITIES




RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING

APPROPRIATIONS RELATING TO THE GENERAL FUND AND SPECIAL

REVENUE FUNDS FOR FISCAL YEAR 20122013 PURSUANT TORESOLUTION NO 120361 ADOPTED SEPTEMBER 27 2012 FOR THEFISCAL YEAR ENDING SEPTEMBER 30 2013

1201419 Summary Formpdf1201419 Pre Legislation Certified Copypdf1201419 Legislationpdf


City Commission



Votes Ayes 3 CommissionersGort Sarnoff and Carollo

Absent 2 CommissionersSuarez and Spence Jones

R130014

Chair Sarnoff All right were backfrom adjournment sic We are going to take up the

afternoonsagenda I believe gentlemen that we left offwith RE8 RE8

DanielAlfonso 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 tosee 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 mostpart orIve 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 nondepartmentalreserve and putting it to the line item that is the specialevents The overall budget is notchanging atall 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 Imsorry

the overall special revenue funds by a total Pike around16million and itsbroken down into

threepieces 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 carssupport ofthe Police Athletic League Do the Right Thing et cetera Whatever those funds canbe 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 Theother change that were making is in the Building Department Ifyou recall lastyear we

established an account that was for doing demolitions in areas that are not eligiblefor NSPNeighborhood Stabilization Program or CD Community Development dollars CDBG

Community Development Block Grant We created afund with 200 000 ofgeneral fundforseed money And then the liens wereplenished thatfimd We collected 360 000 from that

activity We need to appropriate that money so that activity for demolitions can continue in thetargeted areas And lastly were adding 150000 to the special revenue budgetfor the item that

was approved last week with the recycling last meetingwith the recycling contract The

vendorspaying the City 150000 to be usedfor communications and program in thecommunity to increase recycling et cetera Iwanted to point out thaton that whereas clause

there is a typo Itlists resolution number 12 0521 Itis actually 120501 adopted on December13 2012 and that was a typo on the item Iwant to make that correctionfor the record


Mr Alfonso That thatswhat

Chair Sarnof Is there a motion


Chair Sarnof We have a motion by


Chair Sarnoff by Commissioner Suarez



Commissioner Carollo Second Discussion

Chair Sarnoff second by Commissioner Carollo Any discussion gentlemen

Commissioner Carollo Yes Mr Chairman

Chair SarnoffCommissioner Carollo is recognizedfor 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 makesure that those funds you know get distributed you knoiv equally you know citywide So youknow in District 3 we have issues andIve 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 trashis 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 marketingcampaign and soforth definitely needs toreach Little Havana in District 3

Mr Alfonso Clearly all thatIve been told is that it is for citywideprojects Its not

Commissioner Carollo Well like Isaid

Mr Alfonso for any specific area

Commissioner Carollo Iwant to go that other step so itsnot a freefor 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 hadissues also gets a piece Okay

Mr Alfonso Okay


Chair Sarnoff Commissioner Gort youre recognizedfor the record

Vice Chair Gort Danny how you doing Question I know we been receiving the monthlyreports You dontsee any bearingsfrom ourprojections in the first month ofthe

Mr Alfonso In the first okay this is not whatwe were to discuss

Vice Chair Gort Right right

Mr Alfonso Thatsin the next month the next agenda meeting ButIll say thatfor thefirst

two months ofoperations we have not seen anything that is extraordinarily out ofthe realms oranything like that There are some items that are posting errors and things like that hutwere

as we observe those we workwith the departments to correct those and you know

Vice Chair Gort All right Thank you

Mr Alfonso Obviously likeItold 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 ofthis month wellhave a report that maybe talks about otherpossible issues that are out there but

Vice Chair Gort okay


City Commission

RE9

1200961

Department ofPurchasing


Mr Alfonso nothingat thispoint

Chair Sarnoff Any further


Chair Sarnoff discussion All infavor then please say aye


RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSACCEPTING THE RECOMMENDATION OF THE CITYMANAGER APPROVING THE FINDINGS OF THE EVALUATIONCOMMITTEE PURSUANT TO REQUEST FOR PROPOSALS RFP NO

287252 THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWINGSERVICES FOR POLICEFIRE DISPATCHED TOWING AND WRECKER

SERVICES FOR PRIVATE VEHICLES AND TOWING OF CITY OWNEDLEASED OR RENTED VEHICLES FOR THE DEPARTMENTS OF POLICEAND GENERAL SERVICES ADMINISTRATION ARE NUWAY TOWING

SERVICE INC KINGSWRECKER SERVICE INC DOWNTOWN TOWINGCOMPANY FREEWAY TOWING OF MIAMI INC MOLINATOWING INCTED STANSTOWING SERVICE INC BANOS TOWING SERVICESCORP MIDTOWN TOWING OF MIAMI INC SOUTHLAND THE TOWINGCOMPANY INC AUTHORIZING THE CITY MANAGER TO EXECUTE ATOWINGWRECKER AGREEMENT IN SUBSTANTIALLY THE ATTACHEDFORMS WITH SAID FIRMS FOR A PERIOD OF THREE 3 YEARS WITHTHE OPTION TO RENEW FOR TWO 2ADDITIONAL ONEYEAR PERIODSALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM USER

DEPARTMENTS AND AGENCIES AUTHORIZING SAID SERVICES ASNEEDED SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARYAPPROVAL AT TIME OF NEED

1200961 Summary Formpdf1200961 Award Recommendation Formpdf1200961 Memo Towing Srvcs Citywidepdf

1200961 Evaluation Committee Towing Revenuepdf1200961 Detail by Entity Namespdf1200961 Addendum No4pdf

1200961 Request for Proposalspdf

1200961 Sourcingpdf1200961 Legislationpdf1200961 Exhibit 1pdf


INDEFINITELY DEFERRED PASSED by the following vote


Chair Sarnoff RE9

Kenneth Robertson Good afternoon Commissioners Kenneth Robertson Purchasing director

City ofMiami Page 6 Printedon2122013


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 collegeand 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 qualificationmechanism to hire the towing companies versus then our towing ordinance which establishes the

maximum rates that theyreallowed 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 Agreat majority ofthecompanies 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 bothsections The Citys ordinance rates are very different between the two In general thepercentage 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 dosomething 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 wereincreased 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 towingrates in our ordinance We have not adjusted the rates at all in three years And frankly mostofour contracts that have anyfuel consumption will have an adjustment escalation clause

relative to CPI index forfuel


Vice Chair Gort IfIrecall I think that was infront ofus that they wanted an increase And atthat time we did not adopted sicj 0 Ithinkwe should look at the what othercities 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 and50000and so on

Mr Robertson Correct The terms ofthe RFP are what they are Were not suggesting tochange those Iwould recommend a comprehensive analysis oftowing rates in the area Idont

think itsunreasonable tobring our rates up into compliance with the County rates Ifyou look

at the percentage increase ofsome ofthose line items though it is excessive But thatswherewe 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


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 thankthe 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 ofthe day Ireallywantedyou to kind ofaddress whatyour concerns were regarding the process I



know that we talked about in our meeting as you stated earlier the issue is the ordinance and

we do have toaddress 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 wascoming outofthe 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 tosustain themselves because of this overall contract So my question for you AndIunderstand

Mr City Manager we this is something that wejust Iknow we need to getdone You knowIve been this thing has been lingering onfor a minute butIwanted to know Idontwant

want to snake sure whatever decision we make were notjust making it because itsa rashdecision Ifwe need toput things in order or restore order you know to thisprocess fir

whatever reason Ithink that we should consider that ButIdontwant us to be in a situation

where we pass something we vote on it and quite frankly its going to hurt the companies thesmaller companies that are involved And we andIknow weve given you a mandate so I

see yourface And that is find ways tomake money or to increase the revenue butIdontwantto do itat the cost ofputting people out ofthe outofhusiness So my question becomes from

you Mr Manager and you at the endofday 1 know howyoufeel about things I mean

youre going to make sure you do everything by the book and make sure that it right and youprotect the City But at the same time I know that there is a concern with thisprocess needs toreally he relooked at So Iwanted to kind ofhear from you in regards to this issue

Johnny Martinez CityManager We put the contract nut Obviously the vendors hid on it sotheyfelt 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 towingcompanies and a Commissioner and Ken sponsored the meeting A lot ofdiscussion took placebut itall boiled down to changing the rates that are allowed per the ordinance And like Ken

said Ithinkwere 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

MrMartinez Yes absolutely

Commissioner SpenceJones So

Mr Martinez We will bring back changes or suggested changes to the ordinance include a rate

an indexfinfiletand 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 doyou see any objections Imean with us holding offon this

process Imean Iwant to respect what the procurement director is bringing to the table

Mr Martinez Well ifwe hold offon it Iwould like to bring backan ordinance as quickly as

possible to the Commission and maybe its the right thing to do to have it both come before youhand in hand the ordinance and the approval ofthis contract

Commissioner SpenceJones Okay And again Im you know Im respectingwhatever ourprocurement directors brought to the table as an issue or a concernfor us to address andIjustdontwant to vote on an item knowing that itsgoing tocreate 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 whatsgoing on up aroundus


City Commission

Commissioner SpenceJones Okay no problem Thank you

Commissioner Carrillo Mr Chairman


Chair Sarnoff All right Commissioner Carollo is recognized then well go to CommissionerSuarez

Commissioner Suarez Thank you

Commissioner Carollo Thank you Mr Chairman First ofall thank youfor having theworkshop with all the different towing companies Ithink they were allpresent 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 thisCommission has not been veryfriendly at you know raising any rates So you know I washoping theredbe more of a consensus on some ofthe other issues that you know or

resolutions or solutions that they brought up andIll 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 goodsuggestions that camefrom the towing companies themselves that Iwould like to you knowexplore 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 ofraisingany rates So you know weve been a very conservative Commission So Ijust want to put that

for the record so itdoesntgetanyone 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

butvarious ones AndIthink there was a lot ofgood suggestions that were putout 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 lastCommission meeting Italked about kindofdovetails offwhat Commissioner Carollo said in

terms ofthe rogue towers butnot only making sure that they donttow inappropriately in azone

that theyrenot supposed to tow hutalso having some sort ofenforcement mechanism or somesortofafine for rogue towers that are caught doing that and that as a way to generate revenue

for the City ofMiami So ifwere looking at if the decisionfor us is generating revenuefar theCity ofMiami versus potentially like Commissioner Spence Jones said puttingpeople out ofbusiness 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 asCommissioner 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 voteagainst 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 ofexpresseda policy decision on that issue But I think you know partofwhatI thought the symposium wasgoing to be about was being creative and thinking outside the box and seeing becauseIthink



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 notlike Commissioner Spence Jones said putting people out ofbusiness or you know creating a

situation where were eliminating a bunch ofcompetitors Thank you Mr Chair

Chair Sarnof Anyone else wish to he heard Can 1 aska question Has anybody ever done an

analysis For those that are towed whatpercentage 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 if75 percent or 80 percent ofthe people being towed are notfrom the City of Miami whynot raise the rate and why notfind solutionsfor people who are coming in with their carsfrom

outoftown or not in the City ofMiami and why not allowing us to make more revenue at this

Manuel Orosa ChiefofPolice We do not have that information handy but we can go backand go through the tow slips andfind out the address ofthe individuals

Chair Sarnof Were notcomputerized on that

Chief Orosa Actually thatsall done by hand

Chair Sarnof Wow

Chief Orosa We can figure it outandIcan in the next week or so we can send the

information to you

Chair Sarnoff Justforensically meaning and you know even ifwe did 20percent over thelastjive years just give us

Chief Orosa Well go hackafew months and giveyou a percentage ofwhatwefind


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 Letme askyou 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 towsany car they got to inform thepolice that the car is being towed AmIcorrect

Chief two Correct


Chief Orosa As ifan officer responds we contact the rotation wreckers for the area and do


City Commission

that

Vice Chair Gort That part Iunderstand


Chief Orosa But if as a private citizen decide that you wantyour car towed you can callanybody 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 yourenot supposed to


Chief Orosa the car is going toget towed We get the report And the report is so that we

understand that itsnot 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 thewhole 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 wasone ofthe issues that came up in our briefing that some ofthe officers and justwant to make

sure that they understand that Ijust

Chief Orosa Our policy is that the owner ofvehicle can request anybody they want hut ifour tow trucks arrive there ours 1 mean the ones under contract before the private request

theyregoing to go get towed by our tow trucks And our officers understand thatour policy isthat 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 wanta

wrecker call this guy that is afriend ofmine Thats a nono Thats againstour policy andthey can get in trouble over that

Commissioner SpenceJones Okay Ijust wanted to make sure cause that was one ofthe thingsthat 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 actuallycalling 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


City Commission

City of


wrong by all means bring it to our attention

Commissioner Spence Jones Great

Chief Orosa Well investigate And if the 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 Sarnnffmade 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 thatsdirectly affecting a local City

ofMiami taxpayer But my question was I think the difference isfrom now from the priortime ofthis it was never this 25 000fee okay So nowwereputting on top ofthat anadditional and mind you Ithink that you should be paying thefee cause we quitefranklyneed the dollars in the City soIm notdisputing that But now you have the25000 nowyou

also have on topofthat the increase infuel thatstaking place So there are a lot ofother things

that are going into the play in this wholesituation so Ijust want to make sure that wereconsidering it all So based upon whatyouve heardfrom each one ofus Mr City Manager is itthe thought to you know are you open to

Mr Martinez Iwould like togive it a try even though itmay not he welcomed very warmly to

make a recommendation to at least have an indexfor thefuel and maybe modestly raise thefeein 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

MrMartinez Itsnot like

Commissioner SpenceJones So basically were asking at this point nowIm assuming that

everybodysin agreement that were deferring this item And Iguess well weigh on itmore 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 thenwere and wegot to make a decision on the contract hecause we have thefee and wevestructured that

Commissioner SpenceJones Right 1 think it was just not only the fees Based upon whatImhearingfrom my fellow Commissioners there night be some additional things

MrMartinez Yeah hut

Commissioner SpenceJones that they want to address as well

MrMartinez 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 werejustgoing todo a continue with our month to month

for now

MrMartinez Yes

Printedon2122013


Commissioner Suarez Andalso Mr Chair ifImay just looking at other avenues to raise

revenue through towing In other words you know ifwe have apirate ifwepull over apiratetower is there any sort ofenforcement mechanism that we can create cause werepenalizing had

behavior rather than you know penalizing our residents by increasing rates or whatever youknow which So thats you know I think thats where the tension comes in I think weremuch more inclined to do something that wouldpenalize bad behavior than we wouldnecessarily to our residents

Mr Martinez Let me yeah let us give us a chance to do a comprehensive

Vice Chair Gort Do an analysis

MrMartinez 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 backor ifsomething else is coming backSo

Mr Danie Well you would want to defer this item and then weput 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 thenwell take you up So is there a motion to defer


Commissioner Suarez Moved to defer


MrDante 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 Commission

RE10 RESOLUTION

1201427


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 Carollo Ithink he would

Vice Chair Gort Yes

Commissioner Carollo Yeah And we all accept to defer indefinitely


Commissioner Carollo So yes Whoever the maker is

Mr Danie Thatsfine

Chair Sarnoff All infavor please say aye


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 440FLORIDA STATUTES THE TOTAL SUM OF 50100 IN FULL SETTLEMENTOF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY

OF MIAMI ITS OFFICERS AGENTS AND EMPLOYEES WITHOUTADMISSION OF LIABILITY UPON EXECUTING A SETTLEMENTAGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI ITSPRESENT AND FORMER OFFICERS AGENTS AND EMPLOYEES FROMANY AND ALL CLAIMS AND DEMANDS ALLOCATING FUNDS FROMACCOUNT NO 05002301001524000000000000


1201427 Memo Financial Signoffpdf1201427 Legislationpdf



Votes Ayes 5 CommissionersGort Samoff Carollo Suarez and Spence Jones


City Commission

RE11

1201459


R130015

Chair Sarnoff RE10


Julie O Bru City Attorney Mr Chair members ofthe Commission RE10is resolution that

wouldauthorize the settlement ofa claim It is a workers compensation claim And we havebriefedyou individually on this matter



Chair Sarnoff We have a motion by Commissioner Gort second by Commissioner

SpenceJones Hearing Any discussion No discussion All infavor please say aye


RESOLUTION


ATTACHMENTSAUTHORIZING THE CITY MANAGER TO EXECUTE ACOVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMIDADE

COUNTY IN SUBSTANTIALLY THE ATTACHED FORM FOR THE VIRGINIAKEY BIKE TRAIL BUILDING PROJECT B30995

1201459 Summary Formpdf1201459 Legislationpdf1201459 Exhibit 1pdf

Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter beADOPTED PASSED by the following vote


R130016

Chair Sarnoff Okay RE 11

Mark Spanioli Good afternoon Commissioners MarkSpanioli CIP Capital ImprovementsProgram director RE11is a resolution to execute a covenant running with the land in favor ofMiamiDade County for the Virginia Key hike rental building at the Virginia Key This is for theinstallation ofa septic tank in conjunction with the newproject


Chair Sarnoff We have a motion by Commissioner Gort Is therea second


Chair Sarnoff Second by Commissioner Suarez Arty discussion Hearing no discussion all in




City Commission

RE12

1201421


RE13

1201424

Department ofFire Rescue

RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSADDING CAPITAL PROJECTS APPROPRIATIONS TOTHOSE LISTED IN RESOLUTION NO 120498 ADOPTED DECEMBER 132012 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVEDPROJECTS FURTHER APPROPRIATING FUNDING FOR THE ADDEDPROJECTS


1201421 SubmittalAmend mentspdf




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 flooramendment andInigoing 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 of150000from theQuality 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 Improvementproject30749 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



Chair Sarnoff Second by Commissioner Carollo Any discussion Hearing no discussion all

infavor please say aye


Mr Spanioli Thank you

RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID

RECEIVED JUNE 22 2012 PURSUANT TO INVITATION FOR BIDS NO315279 FROM ALL FLORIDA CONTRACTING SERVICES LLC THELOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THEGENERATOR REPLACEMENT AT FOUR 4 FIRE FACILITIES FOR THE


City Commission

DEPARTMENT OF FIRE RESCUE IN A TOTALAMOUNT NOT TO EXCEED518617 ALLOCATING FUNDS FROM THE FOLLOWING FIRE ACT GRANTACCOUNT CODE NUMBERS PTAEO 18180020021672 EQUIPMENT INAN AMOUNT NOT TO EXCEED 128632 19180020021678 EQUIPMENTIN AN AMOUNT NOT TO EXCEED 32158 AND ALLOCATING FUNDS

FROM THE FOLLOWING UASI GRANT ACCOUNT NUMBERS PTAEO18180022 0102011731 EQUIPMENT 181000 IN AN AMOUNT NOT TOEXCEED 32000000AND 4072802051105EQUIPMENT IN AN AMOUNT

NOT TO EXCEED 378271201424 Summary Formpdf1201424 Tabulation of Bidspdf1201424 Addendum No2pdf1201424 Performance Payment Bondpdf1201424 Addendum No 1pdf1201424 Invitation for Bid Generator Replacementpdf

1201424 Certification Statementpdf1201424 KOHLER Generatorspdf

1201424 Local Business Tax Receiptpdf1201424 KOHLER Power Systemspdf1201424 Legislationpdf

Motion by Commissioner SpenceJones seconded by Commissioner Carollo that this


Votes Ayes 5 CommissionersGott Sarnoff Carollo Suarez and Spence Jones

R130019

Chair Sarnoff Okay RE13

RE14 RESOLUTION

1201013


MauriceKemp Good afternoon Maurice Kemp Fire Chief RE13is 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 replacementatfourfirefacilities




Chair Sarnoff That was a motion by Commissioner SpenceJones second by CommissionerCarollo Any discussion Hearing no discussion all infavor please say Lhe


ChiefKemp Thankyou

Department ofCapital A RESOLUTION OF THE MIAMI CITY COMMISSION WITH

Improvements ATTACHMENTSACCEPTING THE BID RECEIVED AUGUST 23 2012Program PURSUANT TO INVITATION TO BID ITB NO 11 12027 FROM FHP


City Commission

TECTONICS CORP THE LOWEST RESPONSIVE AND RESPONSIBLEBIDDER FOR THE MUSEUM PARK BAYWALK AND PROMENADE PHASE IIAND III PROJECT B30538 IN THE AMOUNT OF855362068WHICHINCLUDES761887654 FOR THE SCOPE OF WORKAND 93474414FOR SELECTED ADD ALTERNATE ITEMS FOR PHASE II AND III PLUS ATEN PERCENT 10 OWNER CONTINGENCY AMOUNT OF 85536207FOR A TOTAL NOT TO EXCEED AWARD VALUE OF940898275ALLOCATING FUNDS IN THE AMOUNT OF285015375FROM CAPITAL

IMPROVEMENT PROJECT NO B30538 AND B30538S FUNDS IN THEAMOUNT OF1143000 FROM A FLORIDA INLAND NAVIGATION DISTRICTFIND GRANT FOR THE MUSEUM PARK BAYWALK AND FUNDS IN THE

AMOUNT OF5415829 FROM THE OMNI REDEVELOPMENT DISTRICTCOMMUNITY REDEVELOPMENT AGENCY PROJECT NO 92686001WHICH INCLUDES THE MATCH TO THE FIND GRANT AUTHORIZING THECITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THEATTACHED FORM CONSISTING OF THE ITB DOCUMENTS ANDATTACHMENTS FOR SAID PURPOSE

1201013 Summary Formpdf1201013 Memo Recommendation ofAward SUBpdf

1201013 Bid Security Listpdf1201013 Legislationpdf1201013LegislationVersion 2 01 1013pdf1201013 Exhibit 1pdf

1201013CityManagerMemo Substitution for Item Re14Museum Park Baywalk and Promenad

Motion by Chair Sarnoff seconded by Commissioner Suarez that this matter be ADOPTED

WITH MODIFICATIONS PASSED by the following vote


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 toqualify under the local preference option in the Citysprocurement ordinance

Chair Sarnoff RE14


Mark Spanioli Good afternoon Commissioners Again Mark Spanioli CIP CapitalImprovements Program director RE14is a resolutionfor a contract awardfor Museum ParkBaywalk and Promenade The contract award is for FHP Tectonics Corporation itsa

substitution item excuse me in an amount not to exceed of9408982 The project has a

360day duration It todo all the improvements atMuseum 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 Theres 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



City Attorney on this My understanding is that the procurement director has basically come tothe conclusion that this the company that wasfirst awarded the contract last Commission

meeting is for some reason nota local vendor nota local bidder pm I dontknow Ive read

so many documents on whether hesa 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 didnotwant 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 whoput in the wrinkle ofhest and finalOer Andso you know we made a policy decision to you know expandthe local preference ordinance

And soformeIm you know Imconcerned when you have a definition as a local bidder assomeone who is who has a local who has a company whose local office was not incompliance 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 asurvey andfind out whether theyreencroaching 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 Attorneysoffice 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 butIdontthink

anybody here wants to startfrom scratch andIthink that was very clear at this last Commission

meeting So the reason why I seconded the motion was because ifIdidntsecond the motion andno one else did it would havefailed and then we would be this item would die and Idonteven

know where we wouldgo from there cause that was not youknow even discussed But myguess is it certainly wouldntstart and vve certainly wouldntaward it to anybody SoIthink

thatsan issue that 1 have But you knowImjust concerned Imconcerned that you know

when theresa matter ofdiscretion in an ordinance thatIconsider to he somewhat vague thatthe discretion isntexercised infavor ofwhat Iconsider to be the policy that this Commission has

adopted which is toexpand 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 thosesavings or those dollars in companies that arefrom our area and thatswhy we all did it back

then andIthink were all are very proudofit But what we dontwant is this to become you

know an issue where you know its letsfind hyper technical ways to disqualifypeople Youknow if the person ifyou read thisordinance you could theoretically disqualify someone as

a local vendorfar nothaving a BTR in another state Because what it says here is all applicable

zoning and licensing laws So Imean applicable where Could be applicable in anothercounty another state So I you know for me Ithinkwe really need to fix this ambiguity in this

statute and in this ordinance And you know Idontknow how everybody elsefeels butIdlove

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 notsimply to have apost office hox or

simply have a street address where occasionally somebody might or might notbe 1 think itsourintention for me itwould be probably about three live persons in an office Commissioner

Gort might say no Iwantfive Commissioner Spence Jones might say ten Or he might say oneWe wantan office that appears to be attended and appears to he a regular use office And by the


City Commission

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 opportunitiesfirourselves You know at a minimum in a low usage time wemight even have receptionists we might have secretaries and we might have a manager So 1

completely agree that this particular ordinance andIdontthinkitsa big tweaking needs to

just define what is local what does a local office look like


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 thinkthatsimportant The other thing Iwanted tosay Ireally have two more things tosay andIll

be briefMr Chair Imade some comments about FH Paschen andIwant to clarify some

things FH Paschen andIwere having a significant issue with regard to the streets in the GroveIwill not change my storyfrom that at all And Iam notecstatic with their workperformance

with regard to the streets in the Grove However FH Paschen has done a significant work in mydistrict 1814 Brickell Park has done work at Blanche Park has done work at Lincoln Park and

I knowIm missing a park in there somewhere They have done exceptional work inparks So Isort ofhave an expression with these guys stay Willy roads but get into my parks And Ithink

theyllfix Ihope theyllfix their road crew Also Paschen is a company that is primarily based

in Illinois andIknow now that theyre actually going to he opening up a local office here in

Miami so thatsagood thing cause were attracting new businesses here in Miami So let me

just say I dontthinktheyre non responsible because theyre dealing with a park I may votedifferently Paschen had this been a street or an improvement to a street and 1still think thatyou need to workon that Iwill tellyou this MCMand 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 Ithinkwe have to call out our locals and say thank you to them becausethe Munilla brothers

Vice Chair Gort Yes


Chair Sarnoff andtheyresort ofan iconicfamily here in Miami And you have to really sayto them and dontknow how to say this other than attaboy thank you Because thisprocesscould get tied up in a park where the County has put a lot ofmoney the Citysputa lot ofmoney

weveput 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 aprocess 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 andIthinkyou

did the hestyou could But you know what what do they say make mistake once shame on meor shame on you andwell 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 itsthreepersons Well debate whether itsanyone Icertainly would like to see a live body in that

office Idlike to have a description ofwhatyou think a local office looks like AndIbetwell

pass it on first reading

Commissioner Suarez Mr Chair may Ijust add one thing towhatyou just said I think in this

particular case the way this all happened was it was kind ofan administrative determination

that they were nota local and then there was a position taken that they couldnotprotest thatdetermination So Ithink it should be also clear and then Ithink Iwant tosay even ifthey

could protest et cetera et cetera et cetera Ithink it should be clear too that andIdontwant

to encourage a you know a competition between companies trying to disqualify each other

ButIthink from a due process perspective you know if theresan ambiguity in the ordinance 1think the policy making board should he the one that makes that decision We should be the one

that youknow sifts through the facts and says do all the facts in this case demonstrate that thisis a local office or is nota local office AndIthink that was kind ofdenied thisbody with the


City Commission

way this thing was done andIthink that should he anotherpart ofwhatever statutory ordinance

fix that we do

Chair Sarnoff FHP thatscorrect


Vice Chair Gort Commissioner Spence Jones youre recognized

Commissioner SpenceJones Ijust have a quick comment AndIm glad that CommissionerSarnoff 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 thinkthatjust 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 amIsaying it right FH Paschen

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 thefamilies in whichyou guys you know serve we all serve So you knowImglad that we kind

ofaddressed the issue andImglad that Commissioner Sarnoffcame hackand 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 notdo that The other thing that 1

wanted to just mention and I thinkits important and I want maybe Julie can clear it upforme Did we ever actually make a finding ifMCM was a local company or not And Iwant toadd Iknow to the overall process cause Ithink its important in this you know Iremember

at one time we discussed andIdontknow iffitsnecessarily attached to this ordinance Idontthink it is but you know we in other ordinances that we have even lithecompany is not CityofMiami 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 sortofpreference because Ithink

that thats important Even if theyrenot I think that needs to be added to the process as wellbecause everyone knows up hereIve been a strong supporter ofsupporting companies from

MiamiDade County especially from the City ofMiami The only issue that 1 would have on this

particularagreement is the fact that the company is not here It is Iunderstand that theyregoing to bring a office here andIappreciate 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 theyrebeingpushed 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 leastMiamiDade County should he an option Because everythingthat 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 nothingsaying anything against the company I understand that theyre corning and hopefully theyregoing to hire a lot ofpeople from Miami the City ofMiamifirst correct Correct So thats

going to happen ButIjust Ihate tosee that a local company would be pushed aside becauseofthat And last butnot least for my procurement director Iknow thathes 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 whyIm assuming were going in that direction And I know that our CityAttorney 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 dontknow that


City Commission

City nfMiami

Ms Bru can answer your question A determination was made by your Purchasing director

thatMCMdid 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 AttorneysOfficeas is required under the code

Commissioner SpenceJones But now that this is did you ever was that the determination

thefinaldeter that theyrenot a local company Because we know that they are

Kenneth Robertson Kenneth Robertson Purchasing director For thisprocurement and underthese 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 theirdue process rights in accordance with Section 18104 ofour procurement code As ofthis

morning we received a letterfrom the MiamiDade County tax collector division that irrefutablyproves 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 1stStreet The procurement office and the CV Capital Improvements Program Departmentroutinely administratively make decisions regarding local preference eligibility This is apart of

our daily work operations Everysingle 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 lowestbid amount In this particular case there was irrefutable

evidence by a signed transfer receipt from the County that this address for this BTR had beentransferred to a location outside ofthe corporate limits ofthe City ofMiami Istand behind thatdetermination 100 percentfor thisprocurement under these circumstances only Ido understand

that they have a local preference local presence here in the City ofMiami Iwould never

dispute that But the code is clear that they have to meet the definition ofour local office inorder to be given the preference

Commissioner SpenceJones Well Ijust wanted to acknowledge you before I turned it backover to the Chairfor you know it takes a lot Iknow that thisparticularsituation got very

messy and to a certain extent you were even challenged with your from a professional

standpoint as to whetheror not you were doing whatsright AndIjust wanted toat leastacknowledge youfor sticking to whatyoufelt 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 whatImgoing to go with


Vice Chair Gort As was stated yeah Ill recognize you Go ahead go ahead Well as I

stated before one ofthe thingsIve 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 letsmake the changes Ithink what we discussed a little while ago we got we have

to he very specific ofour code what it state because itsa shame This M MCM is a company

that started very small here Itsa company that right now is local company andits 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 doingthat But it agreat company Itsa local company that has created alot ofjobs in here But

Printednn 2122013


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 wellchange 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 andImconflicted with the two hats that wear One is the chairman ofthe BayfrontPark Management Trust and at the same time Iam the district Commissioner fbr District 3 in

Little Havana And the reason why 1 say thatIm conflicted is because in all fairness Iwant this

project to moveforward I said it in the last Commission meeting We need this to moveforward Imean itsbeen deferred and deferred and deferred And realisticallyImconcerned

with the timing At the same time Ithinkno one really is disputing that this is a localfirm NowwhenIsay that Imean no one is disputing that theyrealocal 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 Iforgot6 7 8oclockat 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 outofbusiness SoIma little conflicted here becauseIwant this to move

forward but at the same time 1 hate for a localfirm to you know lose an opportunity

Commissioner Sarnoffalready you know addressed the other point that 1 had with regards towhat he had mentioned in the last Commission meeting And the third thing is I haventhad achance 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 havecompleted 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 docksbarges butwe need you know limited access in order to make that happen So Ineed to be able

to workwith the contractors to see this happen And once again this is revenues for Bayfiont

ParkManagement Trust that asIve mentioned in the past you know does not receive anysubsidies 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 Itsall right Go ahead

Commissioner Carollo Ifhe could address us with a question thatIasked

Vice Chair Gort Yes sir

Mr Vazquez Good afternoon board members Commission members My name is Javi

Vazquez Javier Vazquez law offices at 1450 BrickellAvenue with the lawfirm ofBergerSingerman 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 DavidRoy whosthe South Florida representative ofFHP AndImgoing to get to your

point Commissioner Just real quickly 1 mean we all know that procurement is a very technicalprocess very difficultprocess that sometimes ends up in situations like this One good thing thatIthink or a couple good things that I think have resultedfrom this particular hid and thisparticularprocess A because ofthe conversations thatstaking place here today Ithinkwe see



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 needto improve onand 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 Iwanted to say one more thing before I address the Commissionersquestion Thatone ofthe the othergood thing that came out ofthis was thisprocess is notwithstanding all

the things that went on thefinalprice thatsbefore you today is the lowest of all theprices thatwas that were submitted with regards to this hid even after the rescission even after thedisqualification 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 notbepaying a dollar more than they were otherwise going to pay with regards to this project Andthe 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 getgoing with thisproject and hopefully deliver it on a timely basis Now with regards to

Commissioner Carollosquestion whatIdlike do is askMr Wright to come up and specifically

ifyou could give us a little bit more information on what that means and whatyou would needfrom us we can talk a little hit about it right now andIm sure its not going to he a problem

Commissioner Carollo Hi Idonthave the specific details infront ofme but the bottom line is

andIdontknow ifwe are have a signed contract already hut we are definitely in

conversations with the Boat Show and weplan on extending the Boat Show to Bayfront wherewe 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 bringthese boats in Its going to be during construction Bayront Park Management Trust hasalways been reasonable Iwould ask that you reach out to our executive director or that would

have him reach out toyou in order to get into the specifics Butyou knowImdoing it in goodfaith asking you know workwith us because again itsrevenues 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 presidentofFHPaschen So absolutelyCommissioner The one thingIwanted tomake 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 Iguess 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 toyou with more specific on whatwere going to

need Thankyou

Mr Wright Sure Thank you

Commissioner SpenceJones And Mr Chairman


City Commission

RE15 RESOLUTION

1201423


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 thatsone ofthe biggest

things that wepush Iknow youjust stated on the record that youvebeen here far ten years soyourehiring people on a local level andImglad that you cleared that up But what l wouldlike to do Iknow 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 projectsthat are corning in the City ofMiami andIknow that itsalready 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 becausequitefrankly we need as many people corning to the center as possible to register Idontknow

there she is

Vice Chair Gort Shesright there

Commissioner SpenceJones Shes running out here Iwould like for you guys to at leastconnect before you leave cause you guys represent a lot ofjobs thatsgoing to be coming very

soon andIknow 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


Mr Vazquez Thankyou

Vice Chair Gort Thank you Is any further discussion All infavor state it by saying aye



Mr Vazquez Thank you

Mr Wright Thankyou

Mr Vazquez Have a good afternoon


REVOCABLE LICENSE AGREEMENT IN SUBSTANTIALLY THE ATTACHEDFORM BETWEEN THE CITY OF MIAMI CITY AND THE SCHOOL BOARDOF MIAMI DADE COUNTY FLORIDA A BODY CORPORATE AND POLITICLICENSEE TO ALLOW THE LICENSEESUSE OF A PORTION OF THE



CITYOWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAYMIAMI FLORIDA TO PROVIDE PARKING FOR THE LICENSEESEMPLOYEES DURING CONSTRUCTION AT THE NEIGHBORING MAST

ACADEMY FOR A TERM OF THREE 3 YEARS AND AT NO COST TO THELICENSEE WITH ADDITIONAL TERMS AND CONDITIONS MOREPARTICULARLY SET FORTH IN SAID AGREEMENT


Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter beADOPTED WITH MODIFICATIONS PASSED by the following vote



R130021

Direction by Commissioner Carollo to the Administration for a report regarding any fees

receivedfor the use ofthe Citysparking lot during the SonyEricsson Open the value ofany

inkindservices received and the market value for the parking spaces during the Sony EricssonOpen

Direction by Vice Chair Gort to the Administration toprepare a report on all the revenues

receivedfor special events held in City parks and how often the Parks Department uses schoolparks 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 proportionofCityownproperty located at 3501 Rickenbacker Causeway toprovideparkingfor 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 arebeing preserved During the Sony tennis tournament they will not have access to this area and atriathlon

Commissioner Carollo They will not have access to that area during the Sony tennistournament

Mr Torre Correct

Commissioner Carollo How much money does the City receive from the Sony tournamentfor


City Commission

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 yesIwould 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 itsnotjust that area Itsa lot ofareas and the City ofMianii is receiving zeroAnd itsgoing to get to 0 point until when Imean are we a financially strapped city or notNow 1 And at the same time you knowIm not some ogre up here you know that doesnt

vivant to help out a fellowgovernment agency soImwilling to work with the School Board but

you know lets start putting everything out here Are we financially strapped or not And ifweare 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 Yourerecognizedfor the record sir


Michael Levine Good afternoon ImMike Levine with Dade County Public Schools Facilities

Planning Department CommissionerIm not sure ifIunderstood During the tinges ofthe yearwhen 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 interruptyou 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 alease with you or for threeyears or soforth whereyoure notgoing to bepaying anything for

the City Andyoure agovernment agency so you know its something that you know Iwould

like to workout I mean just this morning werentwe talking about contributions in lieu oftaxes and all that stuff What happened to all that discussion AllUfa sudden now it

disappears and weforget about it Imean and again Imsaying this respectfully because

you are you know afederal government agency andIwant to workwith all governmentagencies Solin 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 aretoday you know we are going to be tomorrow hopefully not in afew years But you know ifwesaidthis a year ago you know andwere still in the same situation and we still cantget our

financial statements you know our auditedfinancial statements on time and were you knowthen were still having that issue So whatIm saying is that firone item wecantsay well you

know letsyou know be nice andwere a 501c3in a charity case and you know letshand

out you know City properties forfree And then in another instance we need money We needCommissioners 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

SonyEricsson how come were not receiving anyfundings sicfrom them

Commissioner SpenceJones I just I and that was going to be my question justpiggyingbacksic on Is the School Board receiving any money during that time when Sonycomes No


City Commission

MrLevine No

Commissioner SpenceJones You just let em use 11

Commissioner Carollo No

Mr Levine We have been asked by City staff to make sure that we would vacate that area so

that the entire parkinglot 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 itsa great

Mr Torre Commissioner

Commissioner Carollo Commissioner let me just explain my points real quick


Commissioner Carollo Okay Number one is you know a threeyear agreement with

MiamiDade County Public Schools for them touse our parkinglotfree ofcharge and as you

mentioned for threeyears Number two they said trying to work with us during the SonyEricsson 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 whydo we allow once again our park and this is now Dade County Public Schools This is youknow SonyEricsson and1dontknow whatever corporation theyreunder But why do we allow

them then topark 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 JonesIm sorry

M Martinez Iadd one

Commissioner Carollo Two prong

MrMartinez little thing

Commissioner Carollo question


Mr Martinez Yeah Itsnot that were not receiving anything On the SonyEricsson we were

receiving inkind servicesfor cutting some trees and clearing the area and that type ofthing Iknow one year it they promised to do itand itwasntdone and we were going to police them

to make sure that itwas done in this last tournament andIwas told that it that they did gobackand trim the hushes and the trees that they were supposed to as an inkind service for that

As far as andIdontwant to talkabout



Commissioner SpenceJones Okay Can I Ithink that what Commissioner Carollo is

mean is basically saying stated Imassuming that he doesnthave aproblem with

MiamiDade County Public Schools utilizing the parking space for these kids cause thatswhenyou thatswhatyou need the parking spacesfor 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 if this park if these parking lots can be used or parkingspaces 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 sureImclear

Commissioner Carollo Commissioner two pronged okay I definitely definitely want to workwith our with all our governmental agencies


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 theseparking 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 Idontknowwhat 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 dontknow what that could be Now at the same time sort ofdifferent issue but the same related we are leasing and renting out those same parking lots to

letssay the Lipton Corporation or no SonyEricsson and were not receiving revenuesfor it

Imhearing 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 notproducing the revenues that it should

MrMartinez And Commissioner


City Commission

Commissioner SpenceJones I Imsorry 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 CommissionerSpenceJones 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

garageon Virginia Key where we need moreproperty 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 projectswithin my district quitefrankly that Alberto Carvalho allowsfor us to use at no charge So theSchool Board has been very supportive about whether or not its land They allowingfor us to

dopark space Imgetting ready toput a garden Imean the list goes on and on about what the

School Board does soIthink that there is definitely afair exchange But whatIdo like aboutwhatyou suggested andIdlike 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 thoseparking lots So if they dontwant to you know pay us you know what they what wefeel weshould he getting from it

Commissioner Carnllo Fair market value


Commissioner SpenceJones then maybe then we putour own parking you know attendant

there and we charge and we make our own money offofit you know That brings revenue andImsure Virginia Key Beach Im sure the park the Parks Department can use that revenue I

mean Ijust thinkwe 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 itmay not heawhole 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 ifits

being usedfor an event why not look at this as an opportunity not trimming trees I liketrimming the trees but quitefrankly thatsreally 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 thatno they as a matteroffact 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 revenuewhether or not whether they pay us to rent it during that time or whether we use our Parks

staff to just collect the revenue you know forparking That could be an option and additionalrevenue and Ithink that the Commissioner would be pleased with that


Vice Chair Gort I thinkwhatyoure saying is whatever deal we have with the County and so onletsnotdo it anymore and letscharge and thatsIunderstand what theyre saying Now my

understanding is thatfacility has been used in the past and people have paidfor it Because I



remember we had people that come in here that we were charging too muchfor certain events

that were takingplace in there So the question is Are wegetting any revenues Youre telling

us thererecertain services they providing That service has got a value At the same time yousaidwere 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 lookat 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 iftheyrechargingfor the service and theyremaking monies out ofitwe shouldtoo

MrMartinez Yes



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 Thehotels 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 onYou 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 MrDirector 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 itsnot making revenues Imean can you name ofone innovative idea that weve had togeneraterevenues there that hasntoccurred

Mr Torre Well Commissioner asyou know the Marine Stadium is closed has been closedfora long time What we our department has done is we workwith 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 Whatmarket there is are triathlons things like that which we can still secure still receive the revenue

on Thatswhy we have them in this area here designated Itsgoing to have zero impact on any

potential revenue we can receive


City Commission

City of


Commissioner Carolla And let me yield tonay colleagues nowfor a little help with you know

memory Didntwepass this was before your time Mr Director an increase in fees therebecause apparently there was a need and therewas usagefor 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 goesfurther down this way When we do have events Commissioner most ofthe events require use ofthis area here This is why we did not discuss you know them parking

here an the waterfront area just this backarea because we felt that that would have the mostminimal amount ofimpact And again I do want to stress Public Facilities is always looking forrevenue sources ticket surcharge Ithink thatscorningforward However they did askus as a

courtesy toput this item so that they could discuss this with the Commission And again it atthe will rfthe Commission whether they want togive 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 30daysnotice ifwe really wanted to Its not a lease Itsa revocable license agreement

Commissioner Carollo So let question so ifitsa revocable license agreement why do we putyears behind it This is not the only time but we always putyears We always put you know

one two threefour

Mr Torre Well Commissioner Ithink itsjustfbr transparency Ifwefeel that the item is going

iftheyregoing to need two years threeyears wedrather be as transparent as possible

Mr Levine And the amount ofconstruction for the school will take about threeyears

Commissioner Carollo And with regards to you say you could revoke at any time Who canrevoke 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 wouldhave an issue and then come to the

Printedon2122013

City Commission

Mr Torre Illask

Commissioner Carrillo Okay Listen in the spirit ofworking again with our governmentalagency and you know Imwilling to move forward with this However Ido want to have adirect Ido want this Commission ifpossible my colleagues support me to send a directive that

Iwant to know with regards to the Sony Ericsson are we receiving any fees Ifweredoinginkindservices what is the value ofthe inkind services and what is the market value for all

these parkingspaces during the Sony Ericsson so we could you know negotiate or initiate some

type nfnegotiation now that itsstill early Were in January and the Sony Ericssonsin whatMarch 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 ofhotels inthe 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 thesame time 1 askthat 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 Itshappening in her district but you know I andMr Director Mr Manager weve spoken about

it where notforprofit organizations are lookingfor rental space or locations in District 3 in

LittleHavana So maybe we could you know worksomething outwith the School Board sincethey have a lot more buildings So is something that 1 would hopefully both in goodfaithcould discuss

Mr Levine Certainly

Commissioner Carollo in the near fixture


Mr Levine Icould tellyou right now we have a lease with the City for over7000 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 andyouregoing

to see this common tone where yes we have it all over the city but when it comes down to LittleHavana you know which is the heart ofthe City ofMiami and maybe Commissioner Sarnoffwill would you know argue against it and say downtown is the but the bottom line is you



know Ialso Imlooking for you know the residents ofLittle Havana so you know maybe we

could have that conversation And againIni saying this with all due respect

Mr Levine And l appreciate it very much sir


Vice Chair Gort Illsecond the motion When you come back heres whatIwould like to see

When you come hack how much revenues being by the triathlon or whoever uses the parkshow much revenue brings to the City At the same timefrom the Parks Department Iwould like

toget 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 thewhole district Itsnot 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 Itsactually 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 theyreokay

Mr Torre Yes

Chair Sarnoff with the UNINTELLIGIBLE

Mr Torre Theyre absolutelyfine Theyre lookingforward to cooperating and working withthem

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


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


City Commission



Chair Sarnoff Never snatchfrom never snatchfrom victory never snatchfrom thejaws ofvictory from the jaws ofdefeat victory

Raquel Regalado No no Iunderstand But you know sinceIhappen to be here you know

Imhappy to explain exactly whatsgoing on So this is obviously aproject thatsseparatefromthe bond initiative

Vice Chair Gort And you are

Ms Regalado And I am Raquel Regalado MiamiDade County School Board memberforDistrict 6 which also happens to include the area ofLittle Havana So Icompletely understand

your concerns Commissioner Carollo Thatsone ofthe reasons that we askedfor your supportin the bond initiative andwere 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 thatbond initiative now onJanuary 17 Weve actually already appointed our oversight committeewhich 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 havefor those schools so that its immediate and what were going to leave for the

summer particularly this summer and the next twofollowing summers that need large overhaulsSo for example in Coral Way K8which is a school in your district one ofthe things thatIve

requested is that it be an under 2 million so that we can have Wi Fi and we can ensure sinceits 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 nowgoing to he were going tofix one ofthe 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 lookingat Riverside and Citrus

Commissioner Carollo Yeah Thank you for that But andIunderstand that you were

upstairs so you werentreally listening to our conversation Itwasntregarding the bonds the

passing ofthe bonds and whatyou were doing with bondmoney We were discussing how

governmental agencies help one another And apparently the School Board has been helpingthe Cityofin all areas outside ofLittle Havana So 1 asked a question on space Youknow thereare nonfirprofitorganizations that is seeking space from the City ofMiami And 1

said you know the School Board has plenty ofspace Theyredoing it in District 5 So Iasked

whatabout in District 3 whatabout 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 spacewe have inLittle Havana

Commissioner Carollo Well school or non school Imean buildings that are owned byMiamiDade County Public Schools that can actually he used by letssay 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 ofbuildings there Can for some reason you lease some space at a relativelylow 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 togo on school sites where children are during working hours withoutthe 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 arethere So even ifwe were to have low enrolledschools inyour area ofwhich the only is Citrus



Elementary we would have a problem with having a communitygroup 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 anafterschool 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 itThe 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 consideringas wego forward when we talk about other

uses far spaces that are notgoing to he renovated by the bond Because non educational spacecannot be renovated by the bonds that money cannot be usedfor offices such as the region

office which sits directly across from Citrus Elementary on the other side of 22nd Avenue But

thatsthe onlynon school use space that we have

Commissioner Carollo Maybe Icould he wrong but whatabout 22ndAvenue and aboutSouthwest 3rd Street

Ms Regalado Thatsthe one thatImtalking about Itsacross the streetfram Citrus

Elementary Its the only one Its actually been used as a storage facilityfor six and a halfyears

Commissioner Carollo And it cannot he usedfor any other thing

Ms Regalado Well we would have to repair the building But we cannot use the bond moneyand 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 weremore than happy to talk to the City about using thatfor another purpose as

long as everyone is clear that thatsnoneducational space and that the renovations would haveto be done by whatever entity decides to use it

Commissioner Carollo Again you know out ofgoodfaith Im saying listen I definitely wantto 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 knowthe Citysalsogetting a fair share

Ms Regalado I totally agree And so that you know the City ofMiami Police is havingconversations with the School Board about use notnecessarily 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 50percent 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 wedo go andfix the schools to make sure that weprovide 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 theresidents ofLittle Havana to be able to use it as a park also

Ms Regalado Well oneofthe 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


City Commission

RE16

1201439

Ms Regalado a request that was made by Coral Gables They have a big problem with that

with Coral Gables senior high but itssomething that were consideringfor all the cities

Commissioner Carollo Well and exactly So thatssomething that Iwant to be consideredfor

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 upwhich 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 itsat

a citywide level But one thing that 1 want to be clear in is that were very appreciative ofthesupport 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 allthe residents ofMiamiDade County Thankyou


RESOLUTION


District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A

Commissioner Frank DONATION IN THE AMOUNT OF APPROXIMATELY40000 FROM AMIGOSCarollo TOGETHER FOR KIDS INC DBA AMIGOS FOR KIDS TO THE CITY OF

MIAMI TO DEFRAY ANY RELATED COSTS FOR BABY DIAPER CHANGINGSTATIONS AUTHORIZING THE CITY MANAGER TO EXECUTE THENECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITYATTORNEY IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAIDDONATION


Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter beADOPTED WITH MODIFICATIONS PASSED by the following vote



R130022

Chair Sarnoff All right RE16 Itsyours

Commissioner Carollo Thankyou Mr Chairman

Chair Sarnoff Yourewelcome

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 theCommission 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 allIm doing is you know

doing whatIpromised And itsfunny cause latelyIve been asked Commissioner are you


City Commission

BC1

1201384


fundraising already Have you started to fundraise AndIve said they only thingIve been

fundraising is for baby changing stations SoIm bringing it before this Commission andl hope

Ihave your support


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 weregoing todelete 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 moniesare 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


Chair Sarnoff We have a motion and a second Any discussion Hearing no discussion all in



Chair Sarnoff Okay

RESOLUTION

R130024

END OF RESOLUTIONS

BOARDS AND COMMITTEES

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

1201384 Arts CCMemopdf1201384 ArtsCurrentBoardMemberspdf

Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter be




Chair Sarnoff Doyou want to start the PZ Planning Zoning Cause l thinkthatsall weWe could do letsdo the PZ


City Commission

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 tocontinue all ovine

Chair Sarnoff Is 11 worth doing Imthinking 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 ofWomen

Todd Hannon Assistant City Clerk Good afternoon Commissioners Chair if may TheMayor does have some appointments as well Itll take me two minutes tops to go through all of

our appointments for today


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 Hesnot the Clerk yet so we can always evaluate him

Mr Hannon Commissioners BC1Arts and Entertainment Council Mayor Regalado will beappointing Othon Castenada




Chair Sarnoff and a second All infavor please say aye


BC2 RESOLUTION

City ofMiami Pane 100 Printedon2122013


1201172


Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY

COMMITTEE FOR ATERM AS DESIGNATED HEREIN

BC3

1201473

RESOLUTION

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

NO ACTION TAKEN

BC4 RESOLUTION

1201474


1201172 Audit CCMemopdf

1201172 AuditCurrentBoardMemberspdf

NO ACTION TAKEN

1201473 CIP CCMemopdf

1201473 CIP CurrentBoardMemberspdf1201473 CIP Memo and Resumespdf

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

1201474 CRB CCMemopdf

1201474 CRB CurrentBoardMemberspdf

Chairman Francis Suarez

NOMINATED BY

Civilian Investigative Panel

Civilian Investigative Panel

Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter be



City Commission



R130025

BC5 RESOLUTION

1201173


Todd Hannon Assistant City Clerk BC4Community Relations Board Mayor Regalado will

be appointing Andres Lemos and Carlos Morales




Chair Sarnoff and we have a second All in favor please say aye


Chair Sarnoff Okay


Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE

STATUS OF WOMEN FOR ATERM AS DESIGNATED HEREIN


Margarita Fernandez Commissioner Frank Carollo

1201173 CSW CCMemopdf

1201173 CSWCurrentBoardMemberspdf



Votes Ayes 3 CommissionersGort Sarnoff and CarolloAbsent 2 CommissionersSuarez and Spence Jones

R130026

Todd Hannon Assistant City Clerk BC5Commission on the Status ofWomen Commissioner

Carollo will be appointing Margarita Fernandez


Chair Sarnoff 1ll take that as


Chair Sarnoff a motion second All in favor please say aye



City Commission

BC6

1201181

RESOLUTION


Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY

TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED

HEREIN

APPOINTEES

BC7 RESOLUTION

1201470

1201181 CTAB CCMemopdf1201181 CTABCurrentBoardMemberspdf

NO ACTION TAKEN


NOMINATED BY


Commissioner Frank Carollo


Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY

BOARD FOR ATERM AS DESIGNATED HEREIN

BC8

1201182


1201470 EAB CCMemopdf

1201470 EAB CurrentBoardMemberspdf

NO ACTION TAKEN

RESOLUTION

Commissioner Wifredo Willy Gort

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




Vice Chairman Marc Sarnoff



City Commission

BC9

1201469

BC10

1201366

1201182 EOAB CCMemopdf

1201182 EOAB CurrentBoardMemberspdfNO ACTION TAKEN

RESOLUTION


Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE

FOR TERMS AS DESIGNATED HEREIN

APPOINTEES

1201469 Finance CCMemopdf

1201469 Finance CurrentBoardMemberspdfNO ACTION TAKEN

RESOLUTION





Commissioner Michelle SpenceJones

AFSCME Local 1907

IAFF

NOMINATED BY



City Manager Johnny Martinez


Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND

DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM

OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN


Henry Goa Mayor Tomas Regalado

Bob Powers Mayor Tomas Regalado

Jose Solares Mayor Tomas Regalado


City Commission

Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter beADOPTED PASSED by the following vote

Votes Ayes 4 CommissionersGort Sarnoff Carollo and Spence Jones

Absent 1 CommissionersSuarez

R130027

BC11 RESOLUTION

1200834


Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND

EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN

BC12

1201043

City of

1201366 Homeland CCMemopdf1201366 Homeland CurrentBoardMemberspdf

ToddHannon Assistant City Clerk BC10Homeland DefenseNeighborhood Improvement

BondProgram Oversight Board Mayor Regalado will he appointing Henry Goa Bob Powersand Jose Solares

Chair Sarnoff Do we have a motion


Chair Sarnoff Do we have a second


Chair SarnoffAll infavor please say aye


APPOINTEES

1200834 MSEA CCMemopdf1200834 MSEA CurrentBoardMemberspdf

NO ACTION TAKEN

RESOLUTION


NOMINATED BY




Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND

RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED

HEREIN

Pane 105 Printedon2122013

City Commission

APPOINTEES


1201043 PRAB CCMemopdf1201043 PRAB CurrentBoardMemberspdf1201043 PRAB Resume for City ManagersAppointmentpdf

NOMINATED BY


Vice Chairman Marc David Sarnoff


City Manager Johnny Martinez

Motion by Commissioner Carollo seconded by Commissioner SpenceJones that thismatter be CONTINUED PASSED by the following vote



Todd Hannon Assistant City Clerk BC12 one moment BC12Parks Recreation

Advisory Board Mr City Manager has nominatedfor Commission consideration and approvalPaul Mann




Chair Sarnoff We have a second

Commissioner Carollo Im sorryImsorry Say that again

Mr Hannon Yes sir Again BC12is the Parks Recreation Advisory Board And Mr CityManager has nominatedfor Commission consideration and approval Paul Mann

Chair Sarnoff You want to defer that one

Commissioner Carollo Yeah

MrHannon We can continue it

Chair Sarnoff Weregoing to table BC12

Commissioner Carollo Thankyou

MrHannon Would you like to table or continue it

Commissioner Carollo Table it

Mr Hannon Table it yes

Commissioner Carollo Orcontinue ifthatsokay


City Commission

BC13 RESOLUTION

1201363


Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT

REVIEW BOARD UDRB FOR TERMS AS DESIGNATED HEREIN

BC14

1201362

Office ofthe CityClerk

Chair Sarnoff We have a motion for continuance

Commissioner Carrillo Motionfor continuance

Chair Sarnoff Is there a second

Vice Chair Gort Let me take outmyfirst

Chair Sarnoff OhImsorry We have the maker tithe motion withdrawing We now have amotion to continue Is there a second


Chair SarnoffSecond All infavor please say aye


Chair Sarnoff Okay

APPOINTEES

1201363 UDRB CCMemopdf

1201363 UDRBCurrentBoardMemberspdf

NO ACTION TAKEN

RESOLUTION


NOMINATED BY






A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING

CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT

ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN


Jose Fuentes Mayor Tomas Regalado


City Commission

DI1

1200657


Charles Flowers Commissioner Michelle SpenceJones

1201362 WAB CCMemopdf1201362 WAB CurrentBoardMemberspdf

Motion by Vice Chair Gort seconded by Commissioner Carollo that this matter beADOPTED PASSED by the following vote



R130028

A motion was made by Vice Chair Gort seconded by Commissioner Carollo and was passed

unanimously with Commissioner Suarez absent to appoint JoseFuentes and Charles Flowers asmembers ofthe Waterfront Advisory Board further waiving the attendance requirements inSection 2886 ofthe Code ofthe City ofMiami as amended by afourfifths 45ths vote ofthe

members ofthefull City Commission as it relates to past absences on recordfor Jose Fuentesand Charles Flowers as members ofthe Waterfront Advisory Board

Chair Sarnoff BC Boards and Committees Go ahead

ToddHannon 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




Chair Sarnoff and we have a second All in favor please say 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

RESOLUTION

RESOLUTION THE CITYS ADOPTION OF A TICKET POLICY

1200657 Summary Formpdf1200657 Memo Citywide Ticket Policypdf1200657 Memos MiamiDade County 101112pdf1200657 Backup Information 062812pdf

SPONSORS OFFICE OF THE CITY MANAGER


City Commission



Votes Ayes 5 CommissionersGott Sarnoff Carollo Suarez and Spence Jones

DI2 DISCUSSION ITEM

1201387

WITHDRAWN


OFFICE OF THE CITY ATTORNEY

Notelbr the Record Item DI1 was deferred to the February 28 2013 Commission Meeting

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 PERMITSTATUS WILL BE PROVIDED BY THE BUILDING DEPARTMENT

1201387 Memo Office of the City Attorneypdf

Chair Sarnoff Okay Iam going to defer no Iwill withdraw discussion item D12

Commissioner SpenceJones DI2

Chair Sarnoff DI2Its 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

MariaJ 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 bythe 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 thenpresent 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 orwithhold objection to the requested action Any documents offered to the City Commission that

have not been provided seven days before the meeting as partofthe agenda materials will beentered 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 PZ1PZ12PZ13 PZ14and 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



Commissioner SpenceJones Okay PZ1

Mr Garcia Yes maam PZ112 13 14 and 15

Chair Sarnaff All right Do we have a motion


Chair SarnifWe have a motion by Commissioner Spence Jones


Chair Sarnaff Second by Commissioner Gort All infavor please say aye


Chair Sarnaff PZ7and 8 are we goingforward with those

Mr Garcia Yes sir

Chair Sarnaff All right so letsstart 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 of5 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 PZ16How long will it take you topresent Stand go up to the mike Address and tell us whoyou are

Anna Fernandez Brown Hi good afternoon Anna Fernandez Brown on behalfofMorningside 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 Iwould say weduse equal time

Chair Sarnaff Like time

Ms Trench Yes

Chair Sarnaff Okay 1 thinkwe have a530 Is it a time certain for the proto Theres a

protocol item Iwas told Ibelieve its

Dwight S Dante City Clerk 530yes

Chair Sarnaff The Tacnlcy UNINTELLIGIBLE

Commissioner SpenceJones We did that already

Chair Sarnaff No thatsnot it What is the530



MrDanie Itsthe

Vice Chair Gort Itsapresentation to an actor

Mr Danie Its thefilm its honoring the filni industry The Last Stand

Chair Sarnoff We have a presentation at530for 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 youreprobably going to get reached well take you

right after the presentation ofthe actors ofThe Last Stand andwell take you just before theUltra

Ms Fernandez Brown Okay

Ms Trench Thank you

M Fernandez Brown Thankvnu

Chair Sarnoff All right so letsdo 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 ofthe wayfirst

Chair Sarnoff Ithink yeah thatsfine Ithink PZ2and PZ3Ithink are pretty

noncontroversial asfar as I know Well you know what theyre Commissioner are they mineor are they

Commissioner Spence Jones You might want to ask Which ones

Mr Garcia Yes Item PZ2is in District 3 and item PZ

Chair Sarnof ThatswhyIdidntwant to say it was noncontroversial without him being here

Commissioner Spence Jones Yeah he said it is

Chair Sarnoff It is Okay so letsdo PZ3We know what that is thatsmine

Mr Garcia Very well


Chair Sarnoff Yeah PZ3

Commissioner SpenceJones Okay And Mr ChairmanImgoing to be leaving so Ijust I

was trying toget as many ofthem done so okay

Chair Sarnoff Tell me whatyou want to take well take them




Chair Sarnoff 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 Notyet

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 yourright hand

The City Clerk administered oath required under City Code Section 621 to those persons givingtestimony on zoning issues

MrDanie Thank you

PZ1 RESOLUTION

1100714sc

A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSCLOSING VACATING ABANDONING AND

DISCONTINUING FOR PUBLIC USE THAT PORTION OF CURTIS LANEEAST OF ROGERS ROAD AND EASEMENTS LOCATED ALONG THE

NORTH AND SOUTH SIDES OF CURTIS LANE EAST OF ROGERS ROADMIAMI FLORIDA1100714sc DepartmentAnalyses Mapspdf

1100714sc School Brd Concurrency PZAB Resospdf1100714scApplication Supporting Documentationpdf

1100714sc CC FullyExecuted Legislation Ver 2 Exhibitpdf

LOCATION Approximately Curtis Lane East of Rogers Road and along theNorth and South sides of Curtis Lane East of Rogers Road CommissionerMarc David Sarnoff District 2

APPLICANTS Ben Fernandez Esquire on behalf of Stephen Bittel asTrustee of the Acme Real Estate Trust

FINDINGS

PLANNING AND ZONING DEPARTMENT Recommends approvalPUBLIC WORKS DEPARTMENT Recommends approvalPLAT AND STREET COMMITTEE Recommends approval on July 7 2011 bya vote of 70

PLANNING ZONING AND APPEALS BOARD Recommends denial whichfailed to City Commission on April 18 2012 by a vote of 3 5 Recommendsapproval as a second motion to City Commission on April 18 2012 by a vote of53

PURPOSE This will close and vacate Curtis Lane East of Rodgers Road and


City Commission

PZ2

1200863sc

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 CommissionersGort Sarnoff and Spence JonesAbsent 2 CommissionersCarollo and Suarez

Notefor the Record Item PZ1was deferred to the February 28 2013 Commission Meeting

RESOLUTION


ATTACHMENTSCLOSING VACATING ABANDONING ANDDISCONTINUING FOR PUBLIC USE A STREET ATAPPROXIMATELY A

PORTION OF SOUTHWEST 11TH STREET BETWEEN SOUTHWEST 3RD

AVENUE AND THE 195 EXPRESSWAY MIAMI FLORIDA1200863sc CC 01 1013 Fact Sheetpdf

1200863sc Department Analyses Color Maps PZAB Resopdf

1200863scApplication Supporting Documentspdf1200863sc FullyExecuted CC Legislation Version 2 Exhibitpdf

LOCATION Approximately a Portion of SW 11th Street between SW 3rdAvenue and the 195 Expressway Commissioner Frank Carollo District 3

APPLICANTS Vicente Arrebola PE on behalf of MiamiDade Water andSewer Department

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPUBLIC WORKS DEPARTMENT Recommends approvalPLAT STREET COMMITTEE Recommends approval on January 5 2012 bya vote of 60

PLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission 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 beADOPTED PASSED by the following vote

Votes Ayes 4 CommissionersGort Sarnoff Carollo and Suarez

Absent 1 CommissionersSpence Jones

R130023

Chair Sarnoff Okay 1 think we have


Chair Sarnoff PZ3which we tabled




Chair Sarnoff if1 remember

Francisco Garcia Director Planning The only item remaining is PZ2in the PZ PlanningZoning agenda Mr Chair

Dwight S Danie City Clerk PZ2

Chair Sarnoff Im sorry PZ21 apologize right It was PZ2that was tabled Was it tabled

Iguess itwas tabled

Vice Chair Gort No we didnt

Commissioner Carrillo Yeah

Chair Sarnoff Oh it yours It was yours

Commissioner Carollo Yeah itsan item in District 3 AndIwillyield to the director of

Planning topresent

Mr Garcia Thank you sir Briefly by way ofpresentation item PZ2is a proposal for a streetclosure 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 Streetbetween Southwest 3rd Avenue and the195 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 of60And the Planning Zoning and Appeals Board also recommended approval by a vote of100 By

way ofbriefpresentation 1 will tellyou the following First its worth noting that this closurewas actually approved some time back slightly upward ofaboutfouryears ago And thatapproval 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 andbecause 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 Iwould like to emphasize that if this proposal is successful and theclosure infact takes place the actual construction ofthefacility would itself have togo through

a buildingpermit ofcourse And as part ofthat building permit it would have tocome to the

Planning Zoning Departmentfar what we term a warrant Yourefamiliar with the processand that would require us to review itfar aesthetics for designfor contextuality I should also

addfor the record that this particular area in the City ofMiami is experiencing a significantamount ofgentrification and the WASA applicant has been advised that we will be very mindfulofthefact 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 toolsnecessary to ensure that thisfacility will ultimately he designed successfidly AndIhope 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 youresitting you sat here for a long time 1 wish you had saidsomething 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 dontwant to take up yourday doing this Iapologize toyou


City Commission

City afMiami


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 criticalprojectfor the department We needthe mad closure in order toproceed 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 Andit takes a long time to build this facility and our time is ticking


Chair Sarnoff Youre recognizedfar the record

Commissioner Carollo Thankyou Mr Chairman Ill he honest with you Mr Cabrera andI

understand the urgency with this butIhave had you know some real good discussions with our

Planning director andIve expressed which now 1 will express to you legitimately concernswith regards to aesthetics design Ive gone asfar as requesting pictures ofother sites to see

whatwould 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 andyoure

saying you know you will do whatever it takes in orderfor us to he able to move thisforward

hutalso have the protections and the assurancesfrom you that the City willfeel comfortable inthefuture with regards to how this will look

Mr Cabrera The department has contracted with a design consultant to design and address allofthe Citysrequirements and concerns in that aspect

Commissioner Carrillo And ifImay Director Garcia andIhate toputyou in the spot butIhave to Doyou feel therescertain theresenough protections therewhere l can feel

comfortable that you can workwith their design engineer or Idontknow what the technical

name is but so that we also can establish a good design and aesthetic for that neighborhoodIunderstand 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 andthat anypotential adverse impact be controlled So I do believe that we have the tools in placeto 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 thisfacility design comesforward

Commissioner Carollo With that statement and believing that Mr Cabrerasacting in good

Printedon2122013

City Commission

PZ3

1100910ac

faith Imovefor approval

Chair Sarnoff All right We have a motion


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 ita res Itsays ordinance on the top Which one is it a resolution or anordinance

Mr Garcia PZPlanning Zoning resolution PZ2resolution

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 Itsitem PZ2Itshould say resolution

MariaJ Chiaro Deputy City Attorney In the agenda itself it says ordinance hut thepiece oflegislation in your packet is a resolution Thatsan error onyour agenda

Chair Sarnoff Oh okay

Vice Chair Gort Igot resolution

Commissioner Carollo So aye

Chair Sarnoff So it a resolution All infavor say aye


Chair Sarnoff Okay we have

Ms Chiaro Did you want me to read it anyway

Chair Sarnoff No No no no No and wellget into whetherIthinkyou need to read

ordinances or not hut thatsa whole different story Cause ifyou didnthave to read them wed

getout an hour earlier

RESOLUTION



A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSCLOSING VACATING ABANDONING ANDDISCONTINUING 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 BAYAKA NORTHEAST 27TH TERRACE MIAMI FLORIDA1100910ac CC 01 1013 Fact Sheetpdf1100910ac Department Analyses Color Mapspdf1100910ac PZAB Resopdf

1100910acApplication Supporting Documentspdf1100910ac CC Legislation Version 3 Exhibitpdf

LOCATION Approximately between NE 27th Street and NE 28th Street fromApproximately 700 Feet East of Biscayne Boulevard to Biscayne BayAKANE 27th Terrace Commissioner Marc David Sarnoff District 2

APPLICANTSJavier Fernandez Esquire and Joel E Maxwell Esquire onbehalf of Alpine Estates LLC

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPUBLIC WORKS DEPARTMENT Recommends approvalPLAT AND STREET COMMITTEE Recommends approval on September 62012 by a vote of 60PLANNING ZONING AND APPEALS BOARD Recommends approval withconditions to City Commission on December 5 2012 by a vote of 8 2See supporting documentation

PURPOSE This will allow a unified development site which will include a

Baywalk and better access to a new public park



Votes Ayes 4 CommissionersGort Satnoff Suarez and SpenceJones

Absent 1 CommissionersCarollo

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 ZoningDepartment recommends approval The Plat and Street Committee met and recommended

approval by avote of60on September 6 And the Planning Zoning and Appeals Board also

recommended approval with conditions The conditions being that a covenant be providedto

profferpublic access and that access be allowedfrom Northeast 28th Terrace toNortheast 28thStreet We concur with those conditions

Chair Sarnoff All right You want to make apresentation No Okay Would somebody make


City Commission

PZ4 ORDINANCE

1201180Iu

a motion


Dwight S Dania City Clerk Excuse me You have a public hearing

Chair Sarnoff Well Icould do the motion then the public hearing



Chair Sarnoff We have a motion and we have a second And public hearing Does anybodywish 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 verycooperative with the property owners in that area and we are in theprocess to close notonly thearea 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 heardon PZ3

Hearing none seeing none the public hearing is now closed All in favor signify it by sayingaye


Unidentified Speaker Thankyou Mr Chairman



AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH

ATTACHMENTSAMENDING ORDINANCE NO 10544 THE FUTURE LANDUSE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLANPURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO

1633187 FLORIDA STATUTES BY CHANGING THE FUTURE LAND USEDESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL

PROPERTIES LOCATED AT APPROXIMATELY 1 29702996 SOUTHWEST4TH STREET 2979 AND 2981 SOUTHWEST 5TH STREET AND 445SOUTHWEST 30THAVENUE MIAMI FLORIDA FROM SINGLE FAMILYRESIDENTIAL TO DUPLEX RESIDENTIAL AND 2 THE WESTERNPORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST

AVENUE MIAMI FLORIDA FROM MAJOR INSTITUTIONAL PUBLICFACILITIES TRANSPORTATION AND UTILITIES WITHIN THE URBAN

CENTRAL BUSINESS DISTRICT UCBD TO CENTRAL BUSINESSDISTRICT CBD WITHIN THE URBAN CENTRAL BUSINESS DISTRICTUCBD MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTEDAGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FORAN EFFECTIVE DATE

Second Reading

City ofMiami Printedon 2122013


12011801u CC 01 1013 Fact Sheetpdf12011801u Analyses Color Maps School Brd Concurrencypdf12011801u 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 4and 2 The Western Portion of 195 NW 2nd Street and 200 NW 1st AvenueCommissioner Marc David Sarnoff District 2

APPLICANTS Johnny Martinez City Manager on behalf of the City of Miami

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on November 7 2012 by a vote of 91 See companion File IDs1201180zc and 1201180zt

PURPOSE This will change the above properties to 1 Duplex Residentialand 2 CBD within the UCBD

Motion by Vice Chair Gort seconded by Commissioner Suarez that this matter be



13352


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 causeImtrying to make

sure you dontlose me before Ultra

Chair Sarnoff PZ4noncontroversial Mr Commissioner Suarez

Commissioner Suarez No Idontthinkany ofmine are UNINTELLIGIBLE

Chair Sarnoff So letsdo PZ4

Francisco Garcia Director Planning Thankyou Commissioner Items PZ4PZ5andPZ6




Mr Garcia are all companion items so we would like topresent them all toyou 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 correctionproposal And so what would like todo is basically gofirst through PZ4and tellyou that these are twoproposed land use changeslocated 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 2ndStreet and 200 Northwest 1st Avenue These two land use changeproposals are respectively

and hereImgoing 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 ifeverything 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

singlefamilyresidential to duplex residential in terms ofland use And as far as 195 Northwest2nd 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 yesTheyre 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 and30th Avenue subset two arefor properties near the northwest corner ofSouthwest 27th Avenueand 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 200Northwest 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 dontseem 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 Lto T3O That retains a

density of18 unitsper acre For suhset two we are changing the zoning designationfrom T4Rto 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 donthave the graphic support at this moment in time Perhapsyou have been through them and you have some questions As soon as the images come upIm

happy to go over them again

Chair Sarnaff All right

Mr Garcia Any questionsIcan address presently

Chair SarnoffNo 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 notbeing able to show it toyou graphically on the screens

Vice Chair Gort Move PZ4

Chair Sarnoff All right we have a motion on PZ4Is there a second


Chair Sarnoff Second by Commissioner Suarez This is a public hearing Anybody wishing to

be heardon PZ4please step up Hearing none seeing none the public hearing onPZ4is

closed Madam CityAttorney it is an ordinance

The Ordinance was read by title into the public record by Assistant City Attorney VictoriaMendez

City ofMiami Pane 120 Printednn2122013

City Commission

PZ5 ORDINANCE

1201180zc


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


ATTACHMENTSAMENDING THE ZONING ATLAS OF ORDINANCE NO13114 BY CHANGING THE ZONING CLASSIFICATION FROM 1 T3LSUB URBAN ZONE LIMITED TO T30 SUBURBAN ZONEOPEN AT

SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE MIAMI FLORIDA2 T4R GENERAL URBAN ZONE RESTRICTED WITH AN NCD3COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO

T5OURBAN 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 T5O URBANCENTER ZONEOPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN

SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE MIAMIFLORIDA 4 T5R URBAN CENTER ZONE RESTRICTED TO T5OURBAN CENTER ZONEOPEN AT APPROXIMATELY 5808 NORTHEAST 4TH

COURT AND 454 NORTHEAST 58TH STREET MIAMI FLORIDA 5 T5LURBAN CENTER ZONE LIMITED WITH AN NCD3 COCONUT GROVE

NEIGHBORHOOD CONSERVATION DISTRICT TO T5O URBAN CENTER

ZONEOPEN WITH AN NCD3 COCONUT GROVE NEIGHBORHOOD

CONSERVATION DISTRICT AT THE PROPERTIES SOUTH OF TIGERTAIL

AVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREETMIAMI FLORIDA AND 6 CI CIVIC INSTITUTION TO T6800 URBANCOREOPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND

STREET AND 200 NORTHWEST 1ST AVENUE MIAMI FLORIDA FURTHERIDENTIFIED IN EXHIBIT A ATTACHED AND INCORPORATED FURTHERTHE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A

BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING

ORDINANCE PURSUANT TO SECTION7128B2HAS FOUND THECHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE

DEVELOPMENT DIRECTION OF THE CITY OF MIAMISNEIGHBORHOODSRESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL

EVALUATION OF THE MIAMI 21 ATLAS PURSUANT TO SECTION7128B2SHALL NOT PROHIBIT PREVENT OR LIMIT OWNERS OFAFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A

REZONING PURSUANT TO SECTION7128G5FURTHER DIRECTINGAND 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 MAPMAKING FINDINGS CONTAINING A SEVERABILITY CLAUSE ANDPROVIDING FOR AN EFFECTIVE DATE

Second Reading



1201180zc CC 01 1013 Fact Sheetpdf1201180zc Analyses Color Maps School Conc PZAB Resopdf

1201180zc CC Legislation Version 4 Exhibitpdf

LOCATION Certain Properties Citywide

APPLICANTSJohnny Martinez City Manager on behalf of the City of Miami

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD Recommended approval withmodifications to City Commission on November 7 2012 by a vote of 100 Seecompanion File IDs 12 011801u and 12 01180ztSee supporting documentation

PURPOSE This will change certain properties to the zoning designationdescribed above



Votes Ayes 4 CommissionersGort Satnoff Carollo and Suarez


13353

Notefor the Record Please see item PZ4for minutes referencing item PZ5

Chair Sarnoff PZ5

Vice Chair Gort Move



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 VictoriaMendez

Chair Sarnoff Roll call

Dwight S Dania City Clerk Roll call yes

Aroll 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 OFMIAMI FLORIDA BYAMENDING ARTICLE 3 SECTION336FENTITLED



TIGERTAIL AVENUE BY UPDATING THE TIGERTAILAVENUEESTABLISHED SETBACK AREA CONTAINING A SEVERABILITY CLAUSEAND 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 DarwinStreet and Aviation Avenue Commissioner Marc David Sarnoff District 2


FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on November 7 2012 by a vote of 91 See companion File IDs12011801u and 1201180zc

PURPOSE This will modify the applicability of the Tigertail AvenueEstablished SetbackArea to allow for pedestrian friendly setbacks within thecenter Coconut Grove commercial area



Votes Ayes 4 CommissionersGort Satnoff Carollo and Suarez


13354

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


Chair Sarnoff We have a motion by Commissioner


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


City Commission

PZ7 ORDINANCE

1201115Iu


Mendez




AN ORDINANCE OF THE MIAMI CITY COMMISSION WITHATTACHMENTSAMENDING ORDINANCE NO 10544 AS AMENDED THEFUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE

NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENTPROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BYCHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE

DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3400

GRAND AVENUE MIAMI FLORIDA FROM RESTRICTED COMMERCIALTO PUBLIC PARKS AND RECREATION MAKING FINDINGS DIRECTINGTRANSMITTALS TO AFFECTED AGENCIES CONTAINING A SEVERABILITYCLAUSE AND PROVIDING FOR AN EFFECTIVE DATE

12011151u CC 01 1013 Fact Sheetpdf12011151u Analysis Color Maps PZAB Resopdf12011151u FullyExecuted CC Legislation Version 2 Exhibitpdf

LOCATION Approximately 3400 Grand Avenue Commissioner Marc DavidSarnoff District 2


FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approval

PLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on October 17 2012 by a vote of 11 0 See companion File ID1201115zc

PURPOSE This will change the above property to Public Parks andRecreation



Votes Ayes 4 CommissionersGort Sarnoff Carollo and Suarez


13355

Chair Sarnaff Ithink what we have left is PZ9PZ10PZ11 Is everybody okay with their

blue page items

Commissioner Carollo Yeah deferring them

Chair Sarnaff Okay

Second Reading


City Commission

City of

Unidentified Speaker PZ7


Chair Sarnoff PZ Planning Zoning Oh PZ7okay All right Youre ready MrDirector

Tice Chair Gort Ihave a couple ofblue which is very important to roe Theyrevery short Its

just a report from 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 PZ7andPZ8are companion items

These are a land use change and a zoning changefar the property at 3400 GrandAvenue Ill

mention briefly by way ofbackground that thisproperty has been historicallyand continues to

he in fact a smallpark services the Coconut Grove community For some time there wasactually a zoning change in place that turnedit into restricted commercial and T5O which

allowsfor mixeduse development up tofive stories That waspart ofthe Grove Tillage

developmentproposal Since thisparticularparcel 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 amendboth 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 recreationThatsall 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 of110 on October 17


Tice Chair Gort Move it

Chair Sarnoff PZ1sic Letme PZ7Let me open up


Chair Sarnof We have a motion by Commissioner Gort


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 mehere this long to speak on this item You know in 2010 there were two three meetings on this



item PZAB Planning Zoning and Appeals Board Thenwe 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 andturn it over toa developer Now after the residents coining up here and staying until130in the

morning asking you not to not only take the parkfrom the community to give to a developer butnot to take a lot ofthe residential properties and give to developerfor commercial developmentAnd wefoughtjar that and you itwas as iffwewere not here You heard us butyou werent

listening And now that the developer is coming backand says Well we changedour mind You

can have it hacknow So is thisgoing to he an ongoingpractice nfthe City to take the publicparks 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 theresidents ofthe CityofMiami expect it to continue going on Or was thisjust an error onyourbehalf Because there was never anyjustification given for apublic park to be turnedover to a

developer Idjust like some clarity and a little understanding onyour reasoning for going backandforth 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 ThatswhatIdliketo know

Chair Sarnoff Okay thank you Next

Mr Armbrister Will Igeta response

Chair Sarnoff You will Youll hear

Mr Armbrister Thank you Thankyou very much Idappreciate that

Chair Sarnoff Youre recognizedfor the record

Pierre Sands Okay thanks a lot Imjust a Ijust want to get clarity on that move alsobecause you know the history ofthis the community opposed that changing of thatparkbecause 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 thepark status you know in lieu ofthe fact that you know itsbeen business as usual there People

meet there and they play the dominoes and itsa 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 isthat any way reflecting your lack ofconfidence in theproject that was initially proposedfrom2007 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



the project that was Peter Gardner And if recall thisparticularproperty was going to be a

land exchangefor apark one block away which was about 50 to 60 percent larger which had

significant enhancements with regard towhat they were going to he placing in thatpark So anystatements to the record that this wasjust taken away and nothingwas 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 apark Further any statements that the community

was absolutely and utterly opposed is simplynot correct cause you were all here and you saw

predominantly it had a significant amount ofsupport But here is where it finds itself nowTheresgoing to be no land exchange Theresgoing to be no largerparkbuilt Theresgoing to

be no enhancement ofthat larger park so its stayingjust the way it was and were making surethat it remains apark

Vice Chair Gort This is the domino park

Chair Sarnoff Yes

Vice Chair Gort By the way that was created by myself in 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 AndIdjust like to say that the park should remain in its current location We neveraskedfor a trade


MSands or anything ofthat nature Thankyou

Vice Chair Gort It is Itsgoing 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 toclose the public hearing

MDanie Andclose 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 isthisyour indication or demonstration thatyouve lostfaith in theproject

Chair Sarnoff No This theproject changed Pierre from where it was when this wasfirst



designated The projectsstill going forward As a matteroffact theyrecorning infor

demolitionpermits 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 Imean are youwilling to stand behind your word on that

Chair Sarnoff Well you got to read You canttake things out ofcontext Pierre And Idontwant to get into a debate with you But thisparticular aspect ofthe project is notgoing to go

forward The project changed in 2009 That project is proceeding for ward That project iscoining infor demolition permits That project is corning inforpermitting So this particularpiece ofproperty was no longer going to he exchangedfor a largerpark

Mr Sands Okay Iunderstand that part But as laypeople who are really truing toprotect 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

Idontthinkany 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 fouryears ofa huge recession He is proceedingforward This particular tract of land ifyou remember when we wentforward in the 2009change was no longer necessary It was notgoing to he the largerpark Ifyou want me to say

my vision is still Peter Gardnersprojectfirr the GrandAvenue it still is

Mr Sands Iwasntin 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 tothe underground parking and all the rest of that And then even before the crash they changedit

Chair Sarnoff No not before the crash

Mr Sands They changed it

Chair Sarnoff Notbefore the crash

Mr Sands Yes Okay hut whatImjust saying is we you know Ijust want tohe sure whereyou stand


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 whatour position was We didntwant it impacting our communitythe way it had


City Commission

PZ8

1201115zc

Chair Sarnoff Understood

MrSands Okay


Chair Sarnoff All right So we have a motion and we have a second Madam City Attorney itis an ordinance

The Ordinance was read by title into the public record by Deputy City Attorney MariaJ Chiaro

Mr Danie Roll call



ORDINANCE

AN ORDINANCE OF THE MIAMI CITY COMMISSION WITHATTACHMENTSAMENDING THE ZONING ATLAS OF ORDINANCE NO13114 AS AMENDED BY CHANGING THE ZONING CLASSIFICATION FROMT5OURBAN 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 FORTHE PROPERTY LOCATED AT APPROXIMATELY 3400 GRAND AVENUEMIAMI FLORIDA MAKING FINDINGS CONTAINING A SEVERABILITYCLAUSE 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 DavidSarnoff District 2


FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on October 17 2012 by a vote of 11 0 See companion File ID12011151u

PURPOSE This will change the above property to CS with an NCD2

Motion by Commissioner Carollo seconded by Vice Chair Gort that this matter beADOPTED PASSED by the following vote

Votes Ayes 3 CommissionersGort Sarnoff and CarolloAbsent 2 CommissionersSuarez and Spence Jones

13357

Notefor the Record Please refer to item PZ 7for minutes referencing item PZ8

Second Reading


City Commission

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


Commissioner Carrillo Move it

Chair Sarnoff Theresa motion by Commissioner Carollo


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 anordinance




Mr Dante The ordinance has been adopted on second reading 30

PZ9 ORDINANCE Second Reading

1100806zt

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDINGORDINANCE NO 13114 THE ZONING ORDINANCE OF THE CITY OFMIAMI FLORIDA AS AMENDED BY MODIFYING ARTICLE 1 SECTION 12ENTITLED DEFINITION OF TERMS AND ARTICLE 3 SECTION 363ENTITLED ADDITIONAL OFF STREET PARKING REGULATIONS TO

ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR

RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES CONTAINING ASEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE1100806zt CC 01 1013 Fact Sheetpdf

1100806zt PZAB 1000963zt1 Resopdf1100806zt FullyExecuted Legislation Version 3pdf

LOCATION Citywide


APPLICANTSJohnny Martinez City Manager on behalf of the City of Miami

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD For File ID 1000963zt1recommended approval to City Commission on May 18 2011 by a vote of 71

PURPOSE This will establish regulations and requirements for recreationalwatercrafts in T3 and T4 Transect Zones


City Commission

Motion by Vice Chair Gort seconded by Chair Sarnoff that this matter be ADOPTED


Votes Ayes 2 CommissionersGort and Sarnoff

Noes 1 CommissionersSuarez

Absent 2 CommissionersCarollo and Spence Jones

13358

Direction by Chair Sarnoffto the Administrationfor the Planning Director to bring backan

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 Imhappy to cover it in more detail ifyoudlike But alsoImhappy to answer any questions youmay have

Chair Sarnoff All right Let me open up apublic hearing Anybody wishing to be heard on

PZ9please step up Ms Solares youre recognizedfor the record

Grace Solares Thankyou Commissioner Thankyou Mr Chairman Thank you

Commissioners Iappeared before the Commission when this mattercame 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 andIsaw that the items

being continued was not this one so Ineeded to be here We continue to object to this Thematter we do not mind the boats parking in the or being stored in the second and third tierbut 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 topark it infront of in thefront yard Youregoing to snake the City ofMiami

look like a thirdworld country The only decent thingsyouregoing to have is going to beBrickell Avenue and that is notjust andfair Noiy youre allowingfor boats on this with this

legislation youre allowing boats on the front of the homes ten feet away from the sidewalk Itsgoing 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 Theneighborhoods are going to actually be obliterated



Commissioner Carollo Irespectfully request a deferral Imsorry a continuance Isnake amotion to continue this to the


Commissioner Carollo same like meeting

Chair Sarnoff Thatsfine Letme askyou something Mr Zoning Director orImsorry

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



Mr Garcia No sir Technically speaking it cannot be parked anywhere or stationed anywhereat all

Chair Sarnoff Cannot be

Maria J Chiaro Deputy CityAttorney Cannot

Mr Garcia Cannot

Chair Sarnoff All right so we have a motion Do you want to beheard Mr Aguirre

Horatio Stuart Aguirre Iwould Thank you Mr Chairman and Mr Vice Chairman With alldue respect Iagree with a lot ofwhat Director Francisco Garcia is saying and 1 agreewith Ms

Grace Solares but we do need an ordinance 171 giveyou a specific example Two housesfromwhere Ilive there is agentleman that hasfour boats infront ofhisyard One ofthose darn

things is over 30 feet long and its a workboat Its nota pleasure boat Itsa commercial

shrimper That doesntbelong in a residential neighborhood We do need an ordinance Five

houses from where I live somebodysgot a thirtysomething thirty fivefoot boat on a trailerwith 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 notBoating is as part of Commissioner Gort taught me how to water ski on his boat and that wasa nice little family sized trailerable boat So we are infavor of 1 had a heckofa time cause

he didntknow Iwas blindand he couldntfigure out why Icouldntsee him you know But we

do believe in boating but wedontbelieve that there ought to he marinas onpeoplesfrontyardsNow is Franciscosplan perfect Probably not Is it the best workable solution For right

now its a lot better than whatyou got right now which is nothing So Commissioner Carollo

weve been working on this deal for 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 Iknow I can Ifeel Im not saying Grace is right by theway 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 andwe need it right now

Chair Sarnoff But is there a way where we could one size does notfitall 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 anyresidentialproperty 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 Commission

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

itdoesntadversely impact any ofthe abuttingproperty owners This is why when it became tosome extent clear that theremight be a consensus to at leastallowfar the possibility ofhaving

boats in the front yard we insisted time and time again that it should be done only through thewarrant which allows them the Planning Zoning Department to study eachproposal and

find it desirable or not desirable Ishould emphasize also and addjustfor the record that asI

think everyone well knows the warrant permits can in fact he appealed ifanyoneshould find

themselves put upon

Chair Sarnaff So effectively right now with the ability ofnot putting a boat anywhere we havea boat everywhere cause youre not enforcing that Am I right Imean isntthat the truthYoure telling me a moment Ithought Iwasjust the opposite Ithought we had no ordinance

in place andyou could putboats Youresaying no theresno ordinance that allows you toputboats 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 whatIwill 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



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 sayingcould 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 itsnotbeing 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 withsome semblance

Vice Chair Gort Imaddressing 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 wewere deferring blue pages


City Commission

Vice Chair Gort Just one

Chair Sarnoff Weregoing to have one issue

Vice Chair Gort Ineed one

Mr Aguirre One issue


Chair Sarnoff Imean Igot to tellyou weve beaten this thing up left and right andIknow wejust need to put it to a vote And you knowImnot a boater so let me say that 1 happen to sort

ofagree with Grace on thisparticular issue But Ihappen to thinkthe warrant process at least

gives him the review to make a determination as to whether that Goat is sufficiently obliteratedAnd 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 itobliterated Iveseen ita couple times Ive also seen it when they dontdo it Ijust Idontknow how much

longer we can go on

Mr Aguirre Yeah butIlltellyou something Drive to Northwest 13th Street between 19thAvenue and 22 Avenue andyouregoing to see some abominations

Chair Sarnoff No andI

Mr Aguirre And by the way dontlimit it to boat Limit it toa guy that keeps a 40footWinneba recreational vehicle that doesntmove for 20years and is a rustedout hulk

Chair SarnoffNow Ive had a couple ofthose in my neighborhoods

Mr Aguirre Yeah

Chair Sarnoff Ijust I dontknow that were ever going to get an ordinance that every one ofus is going to like and Ithinkwerejust 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 overthefact that itwasntbeing you know nothingwas being done about it So and the

sentiment was well you guys haventpassed this ordinance So you knowIm 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 Commissionhas 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 toyou in some months time as to

how it actually fared Because we are departingfrom the previous set ofregulations to onesignificant extent and that is that we are now for thefirst time allowing boats infront yards Bythe way andIshould emphasize and specify notwithin 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 if this Commission deems that it is at least worth trying this and seeing whether itworks or not perhapsput it on a trialperiodfor some period oftime and then we can come backtoyou and report


City Commission

City nfMiami


Chair SarnoffSo what are you saying a oneyear twoyear sunset period

Mr Garcia Or simplya 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 regulationsthat can be done also

Vice Chair Gort Let me askyou a question ifI may Mr Chairman andfor you to understand

Ms Solares My understanding is ifyou wanted the storage the boat in thefront yard thereare 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 butit have to be somewhere and that would have togo to a warrant

Mr Garcia That is correct sir


Mr Garcia AndIshould emphasize that that warrant then allows abuttingproperty owners to

appeal it should they not be satisfied with the way weve recommended it be addressed


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 Youregoing to let it die

Chair SarnoffSo theresno so right now theresnothing

Mr Dante Right Okay

Chair Sarnoff Does anybody want to make a motion


Chair Sarnaff All right We have a motion by Commissioner Gort 171 second it Well yeah

you could do itnow Illsec you can be the maker no let me give you soIllsecond the

motion

Commissioner Suarez Theres a motion a sec Ithink still remember how to do this Theresa motion and a second

Mr Dante Andclose the

Commissioner Suarez Roll Is this is it public hearing

MrDante public hearing

Chair Sarnoff Itsan ordinance

Commissioner Suarez The public hearing is closed Roll call please


City Commission

PZ10

1200929ct



Mr Dante Roll call Commissioner Sarnoff

Chair Sarnoff Yes

MrDante Vice Chair Gort

Vice Chair Gort Yes

Mr Danie Commissioner Suarez

Commissioner Suarez No

Chair Sarnoff Okay

MrDanie 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 dowe have one on the books

Mr Garcia Yes Imhappy to do that sir

Chair Sarnoff Cause we may as well clean itall up And Ion Mr Aguirre is right You dontneed we dontneed to fix his boat issue to leave his recreational vehicle issue out there

ORDINANCE


ORDINANCE NO 10544 AS AMENDED THE MIAMI COMPREHENSIVENEIGHBORHOOD PLAN OF THE CITY OF MIAMI BYAMENDING THEGOALS OBJECTIVES AND POLICIES OF THE PARKS RECREATION ANDOPEN SPACE CAPITAL IMPROVEMENTS AND THE INTERPRETATION OFTHE 2020 FUTURE LAND USE MAP ELEMENTS IN ORDER TO REVISETHE LEVEL OF SERVICE STANDARD FOR PARKS RECREATION ANDOPEN SPACE FOR CONCURRENCY PURPOSES AS DIRECTED BYPOLICY PR114OF THE CITYSCOMPREHENSIVE PLAN MAKINGFINDINGS DIRECTING TRANSMITTALS TO AFFECTED AGENCIESCONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR ANEFFECTIVE DATE

1200929ct CC 011013 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

Second Reading


City Commission


PLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on October 3 2012 by a vote of 82

PURPOSE This will amend policies of the Parks Recreation and Open Spacethe Interpretation of the 2020 Future Land Use Map and the Capital

Improvements Elements of the CitysComprehensive Plan



Votes Ayes 3 CommissionersGort SatSuarezAbsent 2 CommissionersCarollo 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 Iwould like to askRogelio Madan a seniorplanner within the Planning Zoning Department to

make a briefpresentation

Rogelio Madan Planner IPlanning 1 dontknow ifwe 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 thecomprehensive plan to update the level ofservice from being 13acres per 1000 resident to

something based on distance to ensure thatall ofthe residents ofMiami have access to apark

So were changing the level ofservice so that every resident so that 73 percent ofthe Citysresidents will he within a ten minute walk ofany park ofapark within the City It also limits

the impervious area ofaparkfor parks over one acre to 25 percent ofthe park area andanything above that has to go through a warrant process And thatsbasically the essence nfthe

ordinance Ifyou have any questions let me know

Mr Garcia Iwould like to add that we are recommending approval ofcourse so did thePlanning Zoning and Appeals Board by a vote of82 And this Commission approved it also on

first reading


Chair Sarnoff All right We have a motion


Chair Sarnoff We have a second Madam City Attorney it is an ordinance

Maria J Chiaro Deputy CityAttorney Did we have the public hearing

Chair SarnoffOh Iapologize

Vice Chair Gort Yes Letsopen it


City Commission

Chair Sarnoff Anyonefrom the public wishing to be heard onPZ10please step up Hearing

none seeing none the public hearing is now closed corning hack to the Commission MadamCity Attorney it is an ordinance


Aroll call was taken the result ofwhich is stated above

Mr Dante The ordinance has passed on second reading 30

PZ11 ORDINANCE Second Reading1200942zt


ORDINANCE NO 13114 THE ZONING ORDINANCE OF THE CITY OFMIAMI FLORIDA BYAMENDING ARTICLE 3 ENTITLED GENERAL TOZONES SECTIONS331 AND361TO PROVIDE REGULATIONS FORACCESSORY PARKING CONTAINING A SEVERABILITY CLAUSE ANDPROVIDING FOR AN EFFECTIVE DATE

1200942zt CC 011013 Fact Sheetpdf1200942zt PZAB Resopdf

1200942zt Executed CC Legislation Version 3pdf

LOCATION Citywide




PLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on November 7 2012 by a vote of 100

PURPOSE This will clarify and modify regulations and processes to allowaccessory parking that is adjacent to a principal use currently not provided inthe Code Such parking is subordinate and incidental to the primary use that islocated in a commercial corridor Such use is subject to either an administrativeor public process depending on the zoning of the lot

Motion by Vice Chair Gort seconded by Chair Sarnoff that this matter be ADOPTED


Votes Ayes 2 CommissionersGort and SarnoffNoes 1 CommissionersCarollo


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 topresent thisitem



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 ifthere was a legally builtparking lot in the past Itis meant to carry over some ofthe SD12

language from 11000 into Miami 21


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 havedual zoning Many properties are a T5 or T6 that also have a dual zoning ofT3 which does notallow accessory parking So theresbeen previously a zoning interpretation that says if the

principal use is not allowed then the accessory parking is notallowed

Chair Sarnoff I remember that

Mr Min This is an option in order to allowparking lots


Mr Min accessory parking tocome 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 Allin

Chair Sarnoff Open up apublic hearing close the public hearing

Commissioner Carollo Well hold on Is it an ordinance or

MrMin 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 publicmeeting 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


Commissioner Carollo Imean Mr City Clerk


City Commission

PZ12 ORDINANCE

0600613Iu

Mr Danie Chair Sarnoff

Chair Sarnaff Yes

Mr Danie Vice Chair Gort

Vice Chair Gort Yes

MrDanie Commissioner Carollo

Commissioner Carollo No

Mr Danie The ordinance has passed on second reading 21


AN ORDINANCE OF THE MIAMI CITY COMMISSION WITHATTACHMENTSAMENDING ORDINANCE NO 10544 AS AMENDED THEFUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE

NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENTPROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BYCHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE

DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY

20 SOUTHEAST 10TH STREET MIAMI FLORIDA FROM PUBLIC PARKSAND RECREATION WITH AN URBAN CENTRAL BUSINESS DISTRICT

UCBD OVERLAY TO RESTRICTED COMMERCIAL WITH A UCBD

OVERLAY MAKING FINDINGS DIRECTING TRANSMITTALS TO AFFECTEDAGENCIES CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FORAN EFFECTIVE DATE

06006131u Analysis Mapspdf06006131u Application Supporting Documentationpdf

LOCATION Approximately 20 SE 10th Street Commissioner Marc DavidSarnoff District 2

APPLICANTS Iris V Escarra Esquire on behalf of Brickell Flatiron LLCand the City of Miami A Municipal Corporation


PLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on January 16 2013 by a vote of 100 See companion File ID0600613zc and related File IDs 06006131u1 and 0600613zc1

PURPOSE This will change the above property to Restricted Commercialwith a UCBD Overlay

Motion by Commissioner Spence Jones seconded by Vice Chair Gort that this matter be


Votes Ayes 3 CommissionersGort Sarnoff and Spence JonesAbsent 2 CommissionersCarollo and Suarez

First Reading



PZ13 ORDINANCE First Reading

0600613zc


AN ORDINANCE OF THE MIAMI CITY COMMISSION WITHATTACHMENTSAMENDING THE ZONING ATLAS OF ORDINANCE NO13114 AS AMENDED BY CHANGING THE ZONING CLASSIFICATION FROMCS CIVIC SPACE ZONE TO T648BO URBAN CORE ZONE FOR THEPROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREETMIAMI FLORIDA MAKING FINDINGS CONTAINING A SEVERABILITYCLAUSE AND PROVIDING FOR AN EFFECTIVE DATE0600613zc Analysis Maps Zoning Referralpdf0600613zcApplication Supporting Documentationpdf

LOCATION Approximately 20 SE 10th Street Commissioner Marc David

Sarnoff District 2

APPLICANTSIris V Escarra Esquire on behalf of Brickell Flatiron LLC and

the City of Miami A Municipal Corporation


PLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on January 16 2013 by a vote of 100 See companion File ID06006131u 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


Votes Ayes 3 CommissionersGort Sarnoff and Spence Jones

Absent 2 CommissionersCarollo and Suarez

Notefar the Record Item PZ13was deferred to the February 28 2013 Commission Meeting


06006131u1


ATTACHMENTSAMENDING ORDINANCE NO 10544 AS AMENDED THEFUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE

NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENTPROCEDURES SUBJECT TO 1633187 FLORIDA STATUTES BYCHANGING 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 ANURBAN CENTRAL BUSINESS DISTRICT UCBD OVERLAY TO PUBLIC

PARKS AND RECREATION WITH A UCBD OVERLAY MAKING FINDINGSDIRECTING TRANSMITTALS TO AFFECTED AGENCIES CONTAINING ASEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE



LOCATION Approximately 1001 S Miami Avenue Commissioner Marc DavidSarnoff District 2

APPLICANTS Iris V Escarra Esquire on behalf of Brickell Flatiron LLCand the City of Miami A Municipal Corporation

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on January 16 2013 by a vote of 100 See companion File ID0600613zc1 and related File IDs 06006131u and 0600613zc

PURPOSE This will change the above property to Public Parks andRecreation with an UCBD Overlay

Motion by Commissioner SpenceJones seconded by Vice Chair Gort that this matter be


Votes Ayes 3 CommissionersGort Sarnotfand Spence Jones




0600613zc1


ATTACHMENTSAMENDING THE ZONING ATLAS OF ORDINANCE NO13114 AS AMENDED BY CHANGING THE ZONING CLASSIFICATION FROMT648BO URBAN CORE ZONE TO CS CIVIC SPACE ZONE FOR THEPROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUEMIAMI FLORIDA MAKING FINDINGS CONTAINING A SEVERABILITYCLAUSE AND PROVIDING FOR AN EFFECTIVE DATE

0600613zcl Analysis Maps Zoning Referralpdf0600613zcl Supporting Documentationpdf

LOCATION Approximately 1001 S Miami Avenue Commissioner Marc DavidSarnoff District 2

APPLICANTSIris V Escarra Esquire on behalf of Brickell Flatiron LLCand the City of Miami A Municipal Corporation

FINDINGSPLANNING AND ZONING DEPARTMENT Recommends approvalPLANNING ZONING AND APPEALS BOARD Recommends approval to CityCommission on January 16 2013 by a vote of 100 See companion File ID06006131u1 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 beDEFERRED PASSED by the following vote


City Commission

PZ16

0401208a


Votes Ayes 3 CommissionersGort Sarnoff and Spence Jones



RESOLUTION

A RESOLUTION OF THE MIAMI CITY COMMISSION WITHATTACHMENTSDENYING THE APPEAL BY THE MORNINGSIDE CIVICASSOCIATION INC AND ROD ALONSO RON STEBBINS SCOTTCRAWFORD AND ELVIS CRUZ AFFIRMING THE DECISION OF THE MIAMIZONING BOARD IN ACCORDANCE WITH THE OPINION OF THE THIRDDISTRICT COURT OF APPEAL THEREBYAPPROVING THE CLASS IISPECIAL PERMIT APPLICATION NO 030309 ISSUED ON JULY 21 2004TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT

APPROXIMATELY 5101 BISCAYNE BOULEVARD MIAMI FLORIDA MOREPARTICULARLY DESCRIBED IN EXHIBIT A

0401208a CC 011013 Fact Sheetpdf

0401208a Zoning and Aerial Mapspdf0401208a Court Orderspdf

0401208a ZB Reso Transcriptpdf

0401208a Appeal Ltr Final Decision UDRB Reso Zoning Referralpdf0401208a CC Legislation Version 1 Exhibitspdf

0401208aSubmittalAttorney for Morningside Civic Associationpdf0401208aSubmittal AppellantsMemorandumfpdf0401208aSubmittal AppellantsSupplemental Memorandumfpdf0401208aSubmittal Elvis Cruz PowerPoint Presentationpdf

LOCATION Approximately 5101 Biscayne Boulevard Commissioner MarcDavid Sarnoff District 2

APPELLANTS Michael A Sastre Esquire on behalf of the Morningside CivicAssociation Inc Rod Alonso Ron Stebbins Scott Crawford and Elvis CruzAdjacent Property Owners

APPLICANTSSusan E Trench Esquire on behalf of Chetbro Inc

FINDINGSPLANNING AND ZONING DEPARTMENT Recommended denial of the appealand uphold the directorsdecisionZONING BOARD Denied the Class II Special Permit appeal on October 42004 by a vote of 80

PURPOSE The approval of this appeal will not allow the new construction of amixed use structure

HISTORY

1 On November 18 2004 the City Commission granted the appeal2 On December 9 2004 the City Commission reconsidered the item

3 On September 22 2005 the City Commission granted the appeal4 On July 9 2007 the Zoning Board adopted the stipulation that the appellantand appellee agree that the decision of the Zoning Board is waived and that the



permit be heard by the City Commission in accordance with the amendedopinion of the Circuit Court Appellate Division dated July 14 20065 On October 7 2009 the Third District Court of Appeal ordered that the CityCommission limit its review to the record of the Zoning Board

6 On February 28 2008 the City Commission denied the appeal7 On May 27 2010 the City Commission denied the appeal8 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 withthe April 25 2012 Order of the Court

Motion by Chair Sarnoff seconded by Commissioner Suarez that this matter be ADOPTED


Votes Ayes 3 CommissionersGort Sarnotyand Suarez

Absent 2 CommissionersCarol lo and Spence Jones

R130013

Chair Sarnoff Letsmove on Letsdo the Morningside PZ16 item


Chair Sarnoff Yes


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 tocomply

with the mandate ofthe circuit court That mandate requires that the City Commission takeaction consistent with an order ofthe Third District Court ofAppeal 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 dontobject to the City Attorney speaking to us


Chair Sarnoff You can have your say

Ms Fernandez Okay

Chair Sarnoff butdontob



City Commission

City nfMiami

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


Ms Fernandez Iwont

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 IIPermit that was approved in2004 then appealed by the adjacent property owners through the process Iwontgo through

the procedural rulings ofthe court But weare 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 grant the Class 1I Permit as originallyapproved 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 thatthe Third District Court ojAppeal directed the circuit court to issue a mandatefor this

Commission to take the limited action as indicated in the ruling thatsincluded in your packet

One ofthe issues during thisprocess was the kind ofhearing that was to he had hefore thisCommission 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 thecourt

Chair SarnoffOkay All right who the appellant

Ms Fernandez Hi

Chair Sarnoff You are the appellant


Ms Fernandez We are yes BeforeIbegin Ido want to apologize to the City Attorney for myobjection 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 thispro bona Also with us is Mr Elvis Cruz

whos appearingpro se And we haveprepared a presentation It is limited to all the materialthat has been established up to and including the Zoning Board hearing on October 4 2004 We

have prepared some highlights ofwhich we havepackets were handing out This is my little

brother Mr Paul Fernandez Andyes everything thatsin 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 andopposing counsel onNovember 13 2012 and on January 9 2013 Also we do not agree withthe City Attorneysstatement Itdoes harm our right to an impartial fair andfull hearing The



Third DCAsDistrict Court ofAppealsopinion 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 theCity 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 Thefirst the City staff and the Zoning Boardincorrectly allowed three separate undeniable and mathematical violations ofthe Code which

are departures from essential requirements ofthe law And second the appellants were deniedtheir due process at the Zoning hearing which then denied them any meaningful review at theCommission So ata minimum we are requesting that this mattershould be returned to the

Zoning Boardfor a rehearing should you not deny the permit on its facefor the clear violationsSo wellbegin 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 onpage 1 ofyour handout The buildingfronts on Biscayne Boulevard along the bottom ofthe drawing and has the single family neighborhood ofMorningside to the rear along the top of

the drawing with the twoside streets being 51st and 52nd Now please note that the entrances

to the parkinggarage highlighted in hlue are on 51st and 52nd Streets Now onpage 2 ofyour

handout Section 401 requires a 20foot setback bothfront and rear when an R4building abutsan R 1single family

Ms Chiaro Mr Chair andIapologize toyou counsel Iwant to be clear as to whatmy

advice was to this City Commission Inoticed before counsel made thepresentation there was

something passed out to the City Commission Notwithstanding thefact that the CityCommission 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 onwhat that transcriptdoes It the City Commission may not consider any new evidence Toreargue 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 thatsin 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 threeseparate violations Those arguments were made during the appellate process

Chair Sarnoff So the very argument shesmaking 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

hutonly the mandate ofthe court

Chair Sarnoff Okay

Elvis Cruz Can we continue


City Commission

Ms Fernandez Brown May we con


Chair Sarnoff Imgoing to let you do whatyou want to do with your ten minutes butIm and

Imalso reading the mandate ofthe court as 1speak Do whatyou want to do with your ten

minutes SoIm 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 R4building abuts an R1single familyBut 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 redhighlighting are in violation ofthe zoning code Those are zoning code violations one and twoSection 90732also requires a 2 to 1 sloping vertical rear setback starting at 40feetupfor any

building which abuts a residential district Here is the north side ofthe building on 52nd Streetwhich 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 ofonly 15 feet when it should be20 a rear setback ofonly 10feet when it should he 20 and no vertical setback above 40feetwhere 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 checkwith the appellate I am told bycounsel who handled the appellate matter that that was argued at the appellate court

Chair SarnoffContinue

Ms Fernandez Brown Okay Now lets lookat 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 the front of the building but no side is labeled as the rearThe 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 thefrontand 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 Themailing 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

parkinggarage ingress and egress Your common sense tells you that the rear Phis buildingabuts the singlefamily Morningside neighborhood opposite Biscayne Boulevard The rear has

neither apedestrian entrance nor a driveway but it is labeled as a side Thefact that the

frontage is on Biscayne Boulevard was even confirmed by the applicantsown testimony at theZoning 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 confirmedthree 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 the front but theyfailed to apply the requiredsetbacks 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


City Commission

Ms Chiaro Yes

Chair Sarnoff Thanks


Ms Fernandez Brown Now andfor the record we do disagree that it was argued before theboard 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 onpage 4 ofvour handout verifies two separate corner lots The planis to buildacross 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 the front side ofa corner lotquote Thefrontage 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 BiscayneBoulevard Please note that the definition ofa corner lot does notanticipate or mention a case

like this where an applicant takes two separate corner lots and combines them then uses the

definition as a toolagainst itself to change the location ofthe front thereby evading the letterand intent of the definition Moreover while the definition applies very well to a single cornerlot in asituation where the abuttingzoning 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 whichfronts all along Biscayne Boulevard Now notice the beige colored lots to the rear of the SDSpecial District zoning district This is anR singlefamily residential district Ido notice that

we are running out oftime Ido want toputfbr the record that we were notgiven 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

itwould probably take maybe two minutes but we do want toplaceon the record

Chair Sarnoff Well I want to giveyou your due process lll giveyou two more minutes

Mr Cruz No no Itllbe more than two minutes

Ms Fernandez Brown No no Imsorry Ithought you meantfor the two due processargument

Chair Sarnoff Oh Im sorry 1 thought you werentgetting due process

Ms Fernandez Brown We willbe yeah Weregetting to due process


Ms Fernandez Brown The SD 9 zoning district modifies and supersedes other regulations Onpage 2 of the handout Section 60932specifies the property frontage is along BiscayneBoulevard Along Biscayne Boulevard the pedestrian open space at the groundfloor frontage

shall he so designed improved and located toprovide 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 twoseparate lots have not beenjoined in a unity oftitle but the applicant may try to convince you that because they plan to combine them as a

singleparcel with the narrowest side on 52nd Street conveniently misinterpreted to he the frontthey can therefore evade the neighborhoodprotectinggreater setbacks required by 401 and 907


City Commission

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 andair in the

singlefamily zoning behind it Fortunately that maneuver is notallowed because while thedefinition ofa corner lot does notmention cases like this one where abutting lots have different

zoning designations Section 90731does quite specifically onpage 2 ofyour handout quoteRules 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 withthe 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 previousargument 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 comeup with some little tweak But we did argue the corner lot issuefive times

Chair Sarnoff Okay Igot you Imjust trying to categorize in my ownmind their arguments



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 AndIdo apologize we did try to bring up thisargument and we did

bring up this argument but we werentallowed to argue it And that goes to our due processargument 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 thatsour 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 Justkeep going Talk

Ms Fernandez Brown Okay

Chair Sarnoff You know the words ofJohn Boehner not that he the best guy to quote this

isntthe easiest job in the world But go Imgoing to give you another two minutes andfifty

seconds and thenImgoing to cut you off

Ms Fernandez Brown Okay thank you

Chair Sarnoff So counsel as they say double pedal

MFernandez Brown Okay AndIquote from 90731Rule concerning setbacks whereabutting 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 doesntmatterwhether 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 byenforcing 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 onpage 2 and it reads Ruleconcerning 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 arerequired to have an additional setbacksfrom the residential district beginning above 40feet of1 foot horizontallyfor every 2feet vertically Please note that 90732is referring to the rear of


City Commission

a district as in a zoning district which in the case is the rear ofthe entire SD9 zoning district

where it abuts the R1residential district Itappears that both the applicant and the zoning

administrator misinterpreted 90732This is not a question ofwhether the rear ofa lot parcelor 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 orwhatan applicant might label as on the setplans

Mr Cruz Commissioners Elvis Cruz 631 Northeast 57th Street Miami the named appellantappearing pro se 1 hereby adopt the Morningside attorneystestimony andpresentation as my

own We arefully aware ofthe Third DCAs opinion and have therefore only presented evidencefrom the record up to and including the Zoning Board For the Planning and Zoning directorand 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 havethe 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 thatthe 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 tocomplete our record please

Chair Sarnoff How much more doyou have counsel


Mr Cruz Weve got about another three minutes sir May I continuefor counsel since I am anamed appellant

Chair Sarnoff Iwant you to do what you guys want to do

Mr Cruz Thank you sir Okay so letsgo to slide number 43 excuse me slide number44

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 applicantmight label a set ofplans Commissioners ifthe zoning code were to allow the combiningoftwo

corner lots and relabeling them as threefronts and no rear thereby evading the greater setback

protectionsfor singlefamily neighborhoods then both the letter and the intent ofthe law inSections 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 Citysargument at the Zoning Board was based on a physical impossibility At the Zoning Boardhearing 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 compliancewith all zoning requirements and iffwe disagreed we should have appealed at that time Thats

a due process issue 171 cover shortly But the plans approvedfor 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 theZoning Administrator to have approved these plansfor the simple reason that the Class II

approved plans did not even exist on November 20 2003 and would notexist until seven months

later The recordshows that the extensive modifications included changing the setbacks yet

there is no record that the Zoning Administrator rereviewed the plansfor zoning complianceafter 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


City Commission

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 allzoning 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 theZoning Administratorsdecision should have been appealed at the time itwas 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 appealperiod after the ZoningAdministratorsdecision 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 ofdueprocess Thefirst time wereceived notice ofthe zoning decision was when the Class IIPermit was approved in July of

2004 which wepromptly appealed Thus the only opportunity we could have had to review thisunlawful 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 becausethe Zoning Administrator approved theplans without notice to the neighborhood or the public

and subsequently no immediate appeal they must now turn a blindeve to the setback violations

and eitherpretend they dontexist or accept them without anyonesability to contest them even

though they have notyet been built Ifthat interpretation prevails then all decisions by theZoning 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 notquite that same way However this City Commission twice

overturned what the Zoning Board did and granted to the petitioners that which thepetitionersrequested 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 CityCommission did in fact overturn the granting ofthat permit The appellate court said the CityCommission 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 Theyapproved the permit on the condition that it he limited to 35feet

Chair Sarnoff Okay


Mr Cruz Thatsa very important and keypoint 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



Chair SarnoffDid you cite Holiday versus Coral Gables about threepages 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 thedecision 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 usesRobertsRules ofOrder At the Zoning Board hearing our attorney was prevented from giving

his presentation because the applicantsattorney interrupted him as soon as he began andinitiated a Motion to Dismiss even though an attorney appearing before the hoard is notallowed

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 RobertsRules ofOrder Our attorney voiced his objections on therecord Nevertheless the Motion to Dismiss was heard and prevailed so we were preventedfrom

presenting our fullcase at the Zoning Board This was a second denialofdue 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 aphysical 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 thisClass IIPermit If however the threesetback violations have notconvinced you then Iaskthat

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 timeand meaningful manner Commissioner to answer your questionfrom earlier is it possible that

you are thinking ofmy mention ofStrazzulla versus Hendrick 177

Chair Sarnoff What andyoure 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 aprior ruling would result in amanifest injustice


Mr Cruz Thankyou sir

Chair Sarnoff Yes sir Your turn 1just didntknow why he was standing there Oh you were

doing the slideshowImson 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 topetition for certiorari in

motions for rehearing in motions for clarification to the Third District They have all beenheard There was UNINTELLIGIBLE three different times before this they raised these issues

And ifyou would look at all ofthe briefs everything has been argued And each time the ThirdDistrict rejected the Morningside arguments on due process and substantive issues And this last



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 simplycoming once again and making the same arguments toyou and that isjust totally improper On the substantive issue ofthe setbacksImhesitant toget 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 setbackrequirements The ordinances specifically said that what theyrecalling 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 saidwhat they say they say they would neverhave had to have been changed So they may argue common sense They may show you things

on the map But ifyou lookat the City code at that time we were in fullcompliance with

everything that was required ofus with respect to setbacks Asfar as subsequent changes in theproject 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 thingsafterwards 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 theZoning Administrator made his determination that we complied with the setbacks they had nonotice and no opportunity to appeal that and thatsabsolutely untrue And in fact in the

transcriptofthe hearing before the Zoning Board andImreferring 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 thattime

LuciaDougherty Good afternoon Mr Chairman and members ofthe Board Lucia

Dougherty with offices at 333 Avenue ofthe Americas And today is the last stand day andIwish 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 ofdynamite in his mouth and he comes hack And he is shot and hes poisoned and hesrun over and he comes hack Well unfortunately this has been on yourplate four times and

since 2003 But herestheprocess Before wefile a Class IIapplication we have to getwhats

called a referral letter and thatsstill the sameprocess and thatswhat they refer to that theydidnthave notice of But we get a class we geta 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 incompliance with all applicable zoning regulation and requires a Class IIPermit pursuant to the

abovecited sections We then take this and we send notice to all abuttingproperty owners and

we send notices to all ofthe affectedhomeowners associations So in this case andIhave 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 HomeownersAssoc 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 on11232003 Itjust so happens that the home the Morningside Civic Association

signed on 121two days before they could have appealed if they wanted to The point is theygetnotice There is no due process violation They outand out didntlookat the file You can

go in thefile I have a email electronic from the Zoning Administra Imean the HearingBoards 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 Wehave to go to the City first Itsthe 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 Itsonly after that that wefile the application then itwas decided you


City Commission

City afMiami

know seven months later


Ms Trench And it was because ofthat that there was a motion to dismiss ofthat part oftheappeal because itwas 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 page26 by Ms Slayzk who was the Zoning Administrator explaining exactly that they did receivenotice they didntappeal in their 15 days and they were done So that is really a nonissue at

thispoint The courtsopinion here makes it clear that this permit should he issued and that they

were directing the appellate division ofthe circuit court to enter its mandate sending ithackhere toget 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 timeyou 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 nowunable 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 werejust were not we didntdo that and we

prevailed And you know what its just it time to give it up J know youvechanged yourrules since then butyou have toplayfair with us and apply the rules when we appliedfor thispermit Thatswhat the courts found And on that basis were absolutely entitled to get this

Class IIPermit as itwas approved by the Zoning Administrator and the Zoning Board 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 noticewas 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 IIPermit is finally issued That was ourfirst opportunity

to appeal and we took it We had no way ofknowing that aZoning Administrator decision hadbeen 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 ofcompetent substantial evidence when they gavefalse testimony at the Zoning Board hearing and

saidthat the 51st and 52nd Streets were side streets We actually agree with them we think theyare

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 20were changedsubstantially and is acompletely different set ofplans that were used to approve the Class IIPermit 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 knowImactually 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 probablygot 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 ifIwere Justice Wells Ramirez or Lagoa ButImnotJustice Wells Ion certainly not Juan

Ramirez andImnotJustice Lagoa And it pretty clear to me in this order that andImgoing

to read it toyou Imgoing to readyou the concurring opinion andImgoing to read you the



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 concurringopinion ofJustice Wells The appellate divisionsdecision to affirm denialofthis 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 hereinI you know Ialways wondered cause my vision is not this buildingIll be candid with you

Ms Bench sic My vision has never been highrises next to R1 neighborhoods andIget to go

hack to myfamousR 1s cause theyrea lot easier to talkabout than T3s This doesntcomportwith what l establishedfor a historic district But 1 thinkl took an oath tofollow the rule oflaw

as a lawyer andIhave no choice but to follow that rule oflaw here Ithink Ihave to listen to

the City Attorney andIm noticing that its John Greco running backandforth to Maria Chiarowhossitting in for the CityAttorney 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 lieIhave never known him togive any kind ofmisleading statement to me AndIhave read

Morningsidesbrief 1 would be attracted to Morningsidesbrief but Pm notJustice 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 becausewe always seem towaive 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 notmy vision ButIthink the only thing to do in this circumstance

is to apply the mandate and rule oflaw ofthe Third DCA SoImgoing to hand over the gavel toCommissioner to the Vice Chair and Imgoing to ask the City Attorneyfor the appropriateresolution

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 AndIdontwant to have too much discussion on this Ijust

nay understanding is that ifwe 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 doeshave the ability to hold this Commission as a whole in contempt or the Commissionersindividually in contemptfor failure to comply with its mandate

Commissioner Suarez AndI think we also Ithink Imean Iknow this Commission

supported the civic associationsefforts togo backon 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 briefofour 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 Chairmansvision 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 Commission

D11 DISCUSSION ITEM

1201433


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

corridoror commercial corridor and have it builtwithin the confines ofthat vision So itappears to me that legislatively thisbody 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 butwhatIm hearing is my understanding this

application began in 2004 before Miami 21 1 think weregoing to have a lot ofthose things

that certain permit were awarded according to older regulations And ifwere ordered by thecourts 1 mean 1mnot a lawyer butIm listening toyou guys So its a motion and a second

Anyfurther discussion Being none all in favor state it by saying aye



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 Youreokay ifyoureokay letsgo through it Itsgoing to be a realfive Does anybodyneed an interpreter No Okay

DISCUSSED

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

UPDATE BY THE ADMINISTRATION REGARDING A SUCCESSION PLAN

FOR REPLACING DEPARTMENT DIRECTORS AND EMPLOYEES

SCHEDULED TO RETIRE WITHIN THE NEXT TWOYEARS AS A RESULT OF

THE DEFERRED RETIREMENT OPTION PLAN DROP

1201433 Email Update A Succession Planpdf

Chair Sarnoff Commissioner Gort Iknow you have your blue page item



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 withinthe next twoyears And by the way we also the something we have to deal with Were going

to have at leastabout three or four attorneys leaving within the next six months

Chair Sarnoff Oh theyrea dime a dozen

Vice Chair Gort And thatssomething we have to do

Chair Sarnoff Lots oflawyers Theyre like

AnthonyHatten 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 onforever We need toput 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 butIve been waiting for thisfor months


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 youredepending especially on dangerous calls on the information that thisdispatcher can obtain and then deliver toyou 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 theyregetting 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 notyou

Beverly Pruitt Director Human Resources UNINTELLIGIBLE

Vice Chair Gort Yes Imean whatare we doing to expedite And what one ofthe thingsIve

been askingfor the last six months or a year is what can we do to expedite What can wechange to he able to hire people a lot quicker


City Commission

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 sceneinvestigator 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 ofthose applications is usually approximately two weeks depending on the volume ofapplicationsreceived

Vice Chair Gort What

Chair Sarnoff Somethingsbroken

Vice Chair Gort can we do to expedite it

MPruitt Itwould depend on which position yourespeaking 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 doto change those whatever the requirements are to expedite the hiring ofthe individuals

MPruitt Thatssomething thatIwould needfrom the directors because they are part ofthat

process


Ms Pruitt ofgetting the persons hired


Vice Chair Gort Iam going to be sending a email electronic toyou Imgoing to request to

the Labor Relations Committee that I had to have a meeting with all ofdirectors and have theyour 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 letshave that

meeting

Chair Sarnoff Mr Manager you got to pay attention to this you really do Itspart tithe

police Itspart ofthe 911 Itspart ofthis issue And we need you We dontneed directorsanymore We need you This needs your personal


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 thankyou

D12 DISCUSSION ITEM


City Commission

1201465

DISCUSSION RELATING TO THE NW 22 AVENUE RIVER TERMINAL

1201465 Email NW 22 Ave Terminalpdf

DISCUSSED


Vice Chair Gort My second item is the Iwould like to know we have sinceIgot electedin 2010Ive 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 someinspection Idlike to have thefollow up ofthat inspection My understanding there was a lot of

violations andIwant 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 ofCity departments as well as the federalgovernment 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 alsoimmediately resolved There were some minor building permit issues thatIthink it simply a

matterofclosing out the permits But because there were no life safety issues the building

official andIdontwant 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 havetwo 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 therefor the inspection Irecall only

one entrance which was being usedfor both ingress and egress


Mr Min Unfortunately I dontknow if that is in compliance with the plans cause like IsaidIve not seen the plans But 1will 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 onAnd we need to do something

Mr Min Iwill certainly follow up with Mr Diaz and his department

Vice Chair Gort Okeydoke Thankyou Yes sir



City Commission

D21

1201391

D22

1201397

D23

1201398

D24

1201466

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 ofthebridge That property is notowner occupied Itsrented 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 tenant friendly 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

DISCUSSION ITEM

DISCUSSION ON DEMOLITIONS PERFORMED WITHOUT PERMITS

ANDOR CERTIFICATES OF APPROPRIATENESS

1201391 Email Demolitions Performed without Permitspdf

DEFERRED


DISTRICT 2

DISCUSSION ITEM

END OF DISTRICT 1

CHAIR MARC DAVID SARNOFF

Notefor the Record Item D21was deferred to the January 24 2013 Commission Meeting

DISCUSSION ON TRASH HOLES

1201397 Email Trash Holespdf

DEFERRED

Natefor the Record Item D22was deferred to the January 24 2013 Commission Meeting

DISCUSSION ITEM

DISCUSSION ON RESIDENTIAL PROPERTIES RENTED FOR

COMMERCIAL PURPOSES

1201398 Residential Properties Rentedpdf

DEFERRED


DISCUSSION ITEM

DISCUSSION REGARDING CONTRACTORS NEGLIGENCE IN FAILING TO

PROTECT TREES

1201466 Email ContractorsNegligencepdf


City Commission

D31

1201291

D32

1201485

D33

1201486

D34

1201487

DEFERRED


END OF DISTRICT 2

DISTRICT 3

DISCUSSION ITEM

PROCEDURES REGARDING THE CIP PROCESS IN ORDER TO BETTER

THE INFRASTRUCTURE AND SERVICES TO THE COMMUNITY

1201291 Email CIP Process Infrastructure Srvcspdf

1201291 SubmittalMark Spaniolipdf

DEFERRED


DISCUSSION ITEM

UPDATE REGARDING THE TIMELY ISSUANCE OF THE AUDITED

FINANCIAL STATEMENT ENDING SEPTEMBER 30 20121201485 Update Issuance ofAudited Financial Statementpdf

DEFERRED


DISCUSSION ITEM

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

1201486 Email Lack of Adequate Milling Resurfacing Streetspdf

DEFERRED


DISCUSSION ITEM

DEFERRED


COMMISSIONER FRANK CAROLLO

DISCUSSION REGARDING COMPLIANCE WITH THE FINANCIAL

INTEGRITY PRINCIPLES ORDINANCE

1201487 Compliance Financial Integrity Principles Ordpdf



City Commission

D41

1201455

D42

1201456

NA1

1300048

END OF DISTRICT 3

DISTRICT 4

COMMISSIONER FRANCIS SUAREZ

DISCUSSION ITEM


DISCUSSION REGARDING MIAMI 21SBLANKET PROHIBITION ON

COMMERCIAL VEHICLES IN RESIDENTIAL ZONES

1201455 Email Miami 21 Blanket Prohibitionpdf

DEFERRED


DISCUSSION ITEM

DISCUSSION REGARDING CREATION FLAT RATE FOR BUILDING

PERMITS FOR RESIDENTIAL PROJECTS UNDER2500

1201456 Email Creation Flat Rate For Building Permitpdf

DEFERRED


DISCUSSION ITEM

DISCUSSED

END OF DISTRICT 4

DISTRICT 5

COMMISSIONER MICHELLE SPENCEJONES

END OF DISTRICT 5

NON AGENDA ITEMS

DISCUSSION BY CHAIR SARNOFF REGARDING HIS VISION FOR

IMPROVING THE HEALTH SAFETY AND WELFARE OF THE CITY OFMIAMI THROUGH ENHANCEMENTS IN THE CITYSPOLICE

DEPARTMENT

1300048 SubmittalMemo Increasing the Miami Police Depts Sworn Forcepdf

Chair Sarnoff All right Imgoing to ask the Commission to give me a point ofprivilege so that



Ican at least address being the Chair and Iwant tofirst thank you the Mayor to the Mayor

for the opportunity to do so AndIthinkas all previous chairs have every chair brings a vision

with regard to the City nfMiami AndIdlike to share with this Commission a vision Ihave andits a vision that 1 thinkwe all share Itsa 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 wayto 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 employedfewerpolice

officers per capita than the northeast cities To the ChiefofPolicescredit andIwant tofirstgive 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 workproduct that Ihave seenfrom any City employee

In this December 20 memorandum the City ofMiami employs261 officers per 1000inhabitants 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 ofperspective what that all means the City ofBiscayne Park with apopulation of3072people

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 ofMiami employs basically the same number ofpolice officers as the two smallest cities inMiamiDade County butwe 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 MiamiGardens does like excuse me Virginia Gardens like Biscayne Park What we have is wehave 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 awayfrompatrol 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 wenotonly have 26police officers per 1000 in habitants ifwe were to project whatwe 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 ofpolice that we employ So and to give you one lastperspective Some cities that you would

might sayMiami arguably could aspire to he Miami Beach Police Department andIm not

suggesting Chief by any stretch ofthe imagination theyre abetter department theyre adifferent department But they employ 41police officers per1000 City ofCoral Gables 43

police officers per1000 New York City aplace thatIve heard us heard other Commissioners

say Ifwere going to be a great city maybe we would look something like New York Theyemploy 42police officers per 1000 inhabitants Boston Ican almost do the Boston twang

butPH save you from that 35police officers per1000 Baltimore thatsa city that 1 think is

very very comparable to Miami sameproblems same type ofpopulation port city they

employ 4police officers per1000 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 thousandWe are less than half that ofBaltimore Philadelphia 43police officers per1000 Now Pm not

going tosuggest as the Chiefdoes that an ounce ofprevention is worth a pound ofcure Howdid that expression even come about Iwould suggest toyou the morepolice officers you

employ the better youregoing 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 CityofMiami What does it costnationally 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 3217866per 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 theCity ofMiami could cost upwards of116 million a year whereas ifwe were just to hire these100 police officers the City ofMiamiscostwould be something in the neighborhood of


City Commission

City of


7350938 Ifwere ever going to become the great city that we claim were going to become

we need to get not to26not the30we 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 toupwards of560000people per day We simply have got togo 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 GortIvespent hours on this Ihave spent time with the Chief AndIve spoken to Armando Aguilar Jr

who Ithink has some good ideas And togive 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 ownpolice department hires their ownpolice officers and doesnthave togo 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 thisCity 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 thisright 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 ofcreatingour own police officers Remember that we have the ability to hire to create about 100 policeofficers per year in our own college ofpolicing butwe 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 thatIve been working with the

Administration for ayear and a half what is the problem in hiring people We havepoliceofficers leaving We got over 300 individualsfrom the City ofMiami employees leaving Itsvery

difficult to hire anyone within the City ofMiami We have individuals they have paid 10000that had gone through the school they have been certified as a police officeryet to get hired isaproblem And for a whole year now andImsupposed to get a report today whatare they

doing about it But 1 thinkyoure right we need to change the way the system that we use


Chair Sarnoff Yourerecognized Commissioner Suarez

Commissioner Suarez Thank you Mr Chair First ofall Ijust want to start by saying that in

my district andIcould Ithink 1 could speakfnr the City in general crime is the number

one issue Its the number one quality oflife issue Itsa 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 homeandfeeling safe Nothing that a Commissioner tells them is going to make themfeel better So I

you know And then the ancillary concern with that ispatrolling Thefirst thing they alwayssay is we dontsee enough patrols we dontsee enough presence ofpolice officers So I I

think its a wonderful suggestion I like the you know threeyearplan And I think to do

anything thatsdifficultand complicated to execute on something thats that can he it

shouldnthe difficult and complicated but the fact of the matter isyouveproven over the lastyear in studying the issue that we continue to be deficient So we haventnot onlyhave 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 equalpoint And as you correctly point out in the next few years were going to go down another 250so were talking about you know whatever were deficient now Ithink the number in the paper



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

weregetting from thispoint movingforward the number one priority should he ourpolicingTheresno doubt in my mind 1 cantthink ofanother department that could merit the kind of

attention and the kindofmoney resources at this level Maybe the Building Department now

because ofwhat weregoing to experience is going to need some additional attention butdefinitely the police department is going to need and itsgoing to itsan issue thatsgoing to

benefit all the residents Itsa citywide issue So you have myfull commitment and support to do

everything thatIcan whether it he helping to create those innovative ideas to get there orjustsupporting 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 recognizedfor the record

Mayor Tomas Regalado Thankyou Mr Chairman Mr Vice Chairman Commissioners Youknow Ithink it Iguess that this is an issue that everybody agrees andIjust want to say thatwe 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 thepriority The only thing is the process And it may even take a Charter change because ofthedifferent 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 andIknow that the Manager has been workingwith Danny running all the numbers the all in numbersfor the police department ButIjust

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 wecanget up here and speak in terms ofplatitudes conclusions but when it comes to the budget ifwe donthave the intestinalfortitude to simply budget an additional 7350938over and above

what the Chiefsays he needs then werespeaking outofboth 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 73million were talking out ofboth sides ofour mouths 1know one thing This isnta sexy issue in terms oflike itsnot astadium itsnot a bridge its not

a tunnel Youre not going to stand next to it and say I built this I votedfor this but and Ihate when people say it the right thing to do cause the right thing to do is what historywill

judge you by Each one ofus go to work every day believing were safe Each one ofus gofor awalk 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 BecauseIve been

suggestingfor over a year now that weve been employing an outdated outvoted strategy andIdontmean 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 thinkabout used to have26police officers per1000

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 ofeachother that strategy simply doesntwork So as I said Chief you certainly should be heard AndIjustwant to say it one more time andIwant to say this to the Manager This workproduct is



the best productIve ever seen written by any City ofMiami employee

Johnny Martinez CityManager And notice its very short Its not like 30pages long Itsright to the point Its very good Ijust wanted to add 1 agree with everything thatsbeen 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 tobeef 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 makeyou know one good officers is better than five bad ones you know cause they theyrenot

crime preventers the had ones theyrecrime creators So we need to hire the rightpeople And

having said that one thing that I heard was the County has their own internal hiringprocesswithin the police department Ithink thatsworthy oflooking into so that They have theyre

in charge oftheir own destiny asfar as hiring the right 100 officers andIthinkthatsworthy oflooking into Were also looking into the Ithinkwhat 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 costsWe 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 Mayormentioned 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 percentageIllleave it up to Danny tofigure out what thepercentage is We need to like the Manager saidbuy 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 heardyou mentioning

we have like 200 murders a year and we only average around 70 72 73

Chair Sarnoff Oh Imsorry 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 SarnoffThat was about Baltimore

Mr Orosa Chicago its notus 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 Commission

Mr Orosa Yes maam


Commissioner Spence Jones First ofall Iwant to commend the Chairmanfar his wisdom onreally 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 Iwanted to at least acknowledge that Ialsowant to acknowledge the Chief When people do

good things we should acknowledge their good work AndIdontknow if you guys seen recently

Iknow you saw in the news we had a major operation basically in my district addressingthe issues ofguns and violence and drugs in the neighborhood And 1 wanted to acknowledge

notonly 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 veryhard to see some results And as you saw just most recently in the press conference they had that

we made several arrests andweve gotten a lot ofbad guys off the streets andIm very excitedabout that soIjust wanted to at least acknowledge Iknow we need more even more so

officer more officers now more than ever In my district Imnot only plaguedwith the issue of

the gun violence hut most recently Imgetting a sudden rash ofmany ofmy businesses Imsure you know that are being hit with burglaries

Mr Orosa Overnight yes

Commissioner SpenceJones Yes Too many ofthem So their air conditions their coppereverything is being stolen out oftheir businesses And itsvery difficultalreadyfor a small

business to operate but then not having you know the things that they need to have in orderforthem to run their businesses makes it difficult So Itotally agree with that ifwe have more

police officers on the streetpatrolling that we coulddefinitely address these issues ButI

wanted to acknowledge you

Mr Orosa Thankyou

Commissioner SpenceJones because sometimes we beat you up here for notmoving 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 Thatsall 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

thisparticular memo is Because its andIknow you had a lot to do with it butIthink weshould

Mr Orosa It was Junior Hes a little brainiac So I give him an assignment he runs and hedoes research and then we get together with the research and weput the package together butyeah

Chair Sarnoff AndIwant to sayyour 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 andso but he saw that this issue was recurring and recurring and recurring and Ithinkdid a great


City Commission

NA2

1300050


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 hut1have awhole new level ofthoughts about you now So thankyou

Mr Orosa Thankyou Commissioner

Chair SarnoffAll right And the last thing Iwant tosay with regard to the chairmanship

Again Iwant to thank the Mayorfbr the opportunity Weregoing to he bringing to thisCommission Marine Stadium and 1 want to Ithink itwas Commissioner Gort that putme on

that committee which Ithinkwe met something in the neighborhood of 14 times andIwant to

thank himfor those 14 twohour sessions

Vice Chair Gort Iknow you were going todo thejob

Chair Sarnoff Right And weve come to a consensus andIthink its itwas a very rigorouscommittee 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 AndI

know its been the Mayorsvision to getMarine Stadium going andIthink we have at least an

agenda a strategy and an opportunity to do so So thank you All right anybody have anythingelse Otherwise

DISCUSSION ITEM

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 LetterpdfDISCUSSED

Chair Sarnoff All right ladies and gentlemen were backon the record What we have now is atime certain non agenda or asIlike 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 itsahnost like adouble Stan double governed

governance standard we should proceedforward Iknow Commissioner SpenceJones wants

me to read something into the record butImgoing to recognize herfirst

Commissioner SpenceJones Okay Yes Thank you Mr Chairman First ofall Iwant to

thank the Commissioners for their spiritofpatience in all ofthis butIjust wanted to officially

putsomething on the record and in the spirit ofwisdom Ijust want to also make sure that 1 at

least put on the recordsomething 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 Ijustwant to read my statement and at that point Iwill recuse myself All right This is anon agenda item This non agenda item involves hiring an attorney to advise the Commission

on whether the City ofMiami shouldpay fbr theMayorsdefense attorney Out ofan abundance

ofcaution and to avoid even the slightest appearance Oa conflict 1 am notgoing to participatein 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 thatIwould say beforeI

would actually leave again because were not voting on a item its only a discussion item Iwould like to at least make sure that the Clerk actually reads it in the record Ithink that that



probably would set a better tonefor the meetingor the discussion Thank you

Chair Sarnoff All right Were coming now to an item the hest thing to dofor me is probablyjust to read exactly what Michelle Spence Jones wants me to read into the record So if

would indulge me itsa twopage letter It is from Emory Celli SE sorry C ELLI

Brickerhoffsic Abady LLP LimitedLiability Partnership Theyre located at 75Rockefeller 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 DearSirs We represent Commissioner Spence Jones in apendingfederal lawsuit captioned

Spence Jones versus Rundle et al 12cv24253 We write concerning the above non agendaitem scheduled to he heard January 10 2013 As the Commission is aware CommissionerSpenceJones has sued among others Mayor Regalado in hispersonal capacity as setforth in

the complaint in the federal lawsuit The Mayor has since requested that the City of Miami payattorneysfees 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 Mayorsside no lessat the expense ofMiami taxpayers However we understand that this issue is presently beforethe Commission and do notformally address it here Commissioner Sarnoffhas since placed on

the Commission agenda whether tohire 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 donot think it is appropriate as plaintiffscounsel to communicate to the Commission through thisletter 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 Itwould seem inappropriatefor afederal witness to vote on Commission issues related to the case

including whether to pay for a defendantslegalfees Third we request an opportunity to beheard before Commission consider before the Commission considers vote or votes upon

MayorRegaladosrequest far the City topay his attorneysfees should it ever do so Thank you

for your attention in this matter We respectfully request this letter he read into the recordand

made an officialpart rdthe January 10 2013 Commission proceedings Respectfully Hann MMaazel MAAZEL It is carbon copied Michelle SpenceJones Johnny Martinez Julie O

Bru ToddHannon Ray Taseff Charles Ogletree Thatsexactly whatsread into the recordand

that is exactly what was requested If this Commission will recall yougave me by resolutionthe 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 notpay the

Mayorsattorney although that certainly is something we need to consider hut andforgive meits 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 knowthe City Attorney has completely stepped out ofthis particular issue will not answer anyquestions attendant to it and has left us tofind that counsel Now a word about howRichard

Davis came to me Ilistened to Commissioner Gort pretty carefully when he said Iwant togetthe right advice Idontwant toget some advice Iwant to get the right advice There are very

few corporate governance lawyers in the United States There are lawyers that willclaim 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 probablywould 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 andIcould 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 rnewhich is also attractive to me and should be attractive to this Commission because to some

degree all ofyou are related to lawyers whatI call two degrees ofseparation Ifwe were to hirecounsel from Miami there would always he the insinuation oh is that Sarnoffs buddy oh does



that guy know Gort Suarezscousin used to workat that law firm Theresalways some

connection Richard Davis has absolutely asfar asIcan telland in conversations with him no

connection to the City ofMiami whatsoever His backgroundIprovided to you For as I

always put theressomething in everything with Richard Davis because he is 1 believe the

chairmanofLegal Aid ofNew York He has equally been placed on commissions by thenMayor

Giuliani His corporate governance is extremely deep which means for instance if letsjustsayfor instance General Electric if a hoardofdirector 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 intoNow 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 causethats a lot ofmoney He brought it down to 700 an hour Ive asked him to talk to you andconsider lowering it But theresan old saving in law Itsnot how much you getpaid by the

hour its whatsthe bill going to look like when youre all done And Richard Davis is going togive you a quantity or an amount that he thinks this is going to costand hesgoing togive us a

range And 1 think Ive said enough thatIdlike to hearfrom Richard Davis ifyou all would

be so inclined Ithinkheson the phone Richard can you hear roe

RichardDavis 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 toprovide counsel Ithink as Chairman Sarnoffmentioned I think looking to me the principlereasons were one he didntknow me was aplus the experience ofhaving governance Ialsothink becauseIve worked with and been in city governmentandfederal government andIni

used togiving advice in difficult and public situations SoIthink that as he indicatedIve heeneverythingfrom 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 ofwhatI think this would cost firstofall you know in discussing thiswith Chairman Sarnoffyesterday Itold him thatIwould reduce the hourly rate further to 650

an hour But seconded Ithought that thiswould cost no more than 20 to30000 and indeed

under no circumstances will the City ofMiami he charged more than 30000161 the basic work1 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 But far the advice youre lookingfor its not going to cost you any more than 30 andIwouldhope that it could be less Ifyoudecide 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 toserve you

Chair Sarnoff Does anybody have any questions ofMr Davis No The one thing wanttomake clear were not hiring Mr Davis to tellus whether we should pay or notpay theMayors

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 wesimplyneed advice on the issues thatwillface us goingforward And we donthave a City

Attorney available to us l think thefee range between 20 and30000 to get what 1 wouldcharacterize 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 beforeand 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 behalfofthe 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 advicefor everything that a corporate governance lawyer could tell us we can anticipate that weregoing tosee and how do we bestproceedforward Iknow Mr Quinon if out there if



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

behalfofthe Mayor we have waited And theres going to come a point in time when things aregoing to move very very expeditiously infederal court as we all know And Im waiting to seewhatyou all are going to decide concerning the payment ofthe fees It is a very important issue

to the Mayor at thispoint andIthink itsone that is separate from the issue ofretainment ofMr

Davis SoImasking you on behalfofthe Mayor to make up or to come to that decision asquickly as you can Not only is there a statutory authority farpayment offees butactually there

is a squarely onpoint Florida Supreme Court case that says that there is a common law right tothe payment offees in this case for the Mayor So Idontthink that this is such a hot issue onthe legal arena whether or not the Mayor is deserving or is entitled togetpaidfor thefees I

think that issue can he decided It a discreet separate issuefrom the one ofother issues that ofcourse 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 thinkgoing down the road there are

other issues involved and I wontget too much afeel on that but that theres going to be somelitigation that is going to bring up to the surface other issues that mayfurther complicate thismatter Iwontgo anyfurther into those things at thispoint But in any event Ithink it is a

good idea to have guidance at thispoint by the for the Commission And quite frankly Idid a

little hitnfresearch after learning who the Chairman in this case had tried to retain andI 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 needofassistance and guidance in this situation But again going back to the Mayor we need to have a

decision made concerning the fees becauseIneed to start working and were waitingfor you all

AndIthought quitefrankly that today was going to be that day when you all were going to take

up the issue oftheMayorsattorneysfees SoIimploreyou on behalfofthe Mayor topleasecome 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 Anybody have any questions Okay

Commissioner Suarez Sure Justfor him no Has the Mayor been served

Mr Quinon No notyet

Commissioner Suarez Okay Thank you


Commissioner Suarez Illyield to Commissioner

Commissioner Carollo I mean Im going to have more to say but the one thing that I do wanttopoint outwith whatMr Quinon has mentioned is that and as you all know Iam not anattorney However Ido know that the courts are usuallysensitive to unique circumstances

Therefore andIunderstand he represents his client and his client wants to move this as

expeditiously as possible and know that hesgoing to gethis attorney paidfar his legal hut the

bottom line is 1 also 1 represent the citizens ofthe City ofMiami so 1 need to make sure thatdecision is correct And notbeing 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 Illyieldto Commissioner Suarez butIneeded to say thatfor the record


City Commission

Commissioner Suarez Thank you Commissioner Mr Chair

Chair Sarnoff Youre recognized

Commissioner Suarez Thank you You know it kindofdovetails a little bit offofwhatCommissioner Carollo said We well first ofall the wayIunderstood our last Commission

meeting andIthink 1 understood it correctly but when you said corporate governance you

meant essentially someone to replace the City Attorney because the City Attorney had recusedhimselfor herself and so we needed basically a substitute Ithink in every matterofthis like

you said this has definitely never happened before here hopefully never happens again But inevery 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 soIthink this body

does deserve representation There are two ofthefour members that are not lawyers Even as alawyer you knowImnot Idontspecialize in this area ofthe law so Ithinkwe 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 hour for an attorney Imeansome people make 700 a month in my district Imean its beyond the pale you know for them

to think that wewould hire an attorney and we are a fairlypoor 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 thinkone ofthe good things is since the Mayor hasntbeen served there isnt

Imsure Mr Quinonwill probably differ with this but there isnta pressing need in terms ofwhatwork he has to do right away You know look we looked I looked at all ofthe outside counselfirms 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 andIunderstand

whatyour 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 residentsare firstofall they just dontunderstand whatsgoing on here And secondly you know thethought ofpaying someone an hourly rate that constitutes what many ofthem make on a monthly

basis is just you know itsbeyond a comprehension So you know Ithink we have work todo

here I cannot support paying someone 700 a month sic Icantsupport paying someone650 a month sic When you average out the City Attorneys hourly rate somewhere in thevicinity of110 an hour So we get a pretty good corporateyou know governance per hourrate And then ofcourse all our outside counselfees none exceed 450 Iam sensitive to yourargument 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 SoIm

Ihave some sensitivity to that Ikindofget that argument ButIcantsupport a rate anywherenear 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 ownpersonal clients their ownprivate sector clients the rates that they charge the City

and 1 think theresa good reasonfor that Youredoing apublic service Were all here doing apublic service None ofus here are making to stand here on an hourly basis what weprobably

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 personalfinances So thats my basic position on this issue

Chair SarnoffCommissioner Gort


Vice Chair Gort Notbeing an attorney this is kind ofdifficultfor me to understand so you gottofeel 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 whatwe according to our

City Charter according to our legal rights what should we do Idontthink the City ispart


City Commission

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 todo what we can do that is correct and is legally doneNow 1 approach the League ofCity sic They have a Florida League ofCities and the

Miami Dade County League ofCity sic They have an organization or a committeeofall thelawyersfrom all the municipalities Ive asked them we have agreements with other cities

when it comes topolice 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 governmentand let us know more or lessbasicallywhat we can do Later on ifits something even harder that gets itmore complicated

then well have to look at some otherattorney Imean this is the way Ilook at it Imnotan

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 thatIm

going to want to touch upon But you know to a certain degree I agree with CommissionerGort You know I have thought ofmaybe 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 doyou know And by the way let me also say you know that I thank youfor going out therefinding such a



Commissioner Carollo good attorney And this has nothing to do with Mr Davis But at the

same time I you know I I honestly thought that you wouldbe bringingforward you knowvarious 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 likeImentioned toMr Quinnn and everybody

you know 1 represent the citizens of the City ofMiami And I can tellyou 700 a month sic Ihave residents in my district that make less than 700 a month With that said you know I wantto explore whether they are you know former judges retiredjudges retired County attorneysthat could help out you know AndIwant this to hea transparent open and competitive

process Imean right here even though once again youvechosen a very good attorney at

leastfrom you know the documents thatyouveprovided there are no options Implaced in aposition 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 asan individual Where exactly you know when you say corporate governance what exactlyyou know is he going to have that otherattorneys do nothave like a former retired County or

City attorney

Chair Sarnoff Well I actually thought about the former everybodysthinking ofMurrayGreenberg 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 Countysic Mayor being sued by a sitting County sic Commissioner Those are Rubicons your


City Commission

City afMiami


whatdo 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 itsinteresting to say wellletsget 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 oreven whoever we hire in the South Florida region or whoever we hire in the state ofFlorida willhave significant legal research to getup to speed thatMr Davis has through his experience as a

USAttorney as a Watergate specialprosecution prosecutor as Assistant Secretary ofthe

Treasury in his representation ofNew York state in his representation nfNew Ynrk City in hisrepresentation 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 to30000 and Ilike that but I dont like the hourly rate You might get a lawyer 400 to 350for 300 an hourThat 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 thanwhat he read to give us an opinion Ican tellyou this there are so many permutations and so

many issues out there that we willface thatyouregoing to want toget on a phone or youre

going to have want to have a blueprint to go forward with which were going to get adviceLike anyprincipal in this world lawyers love when you donttake the advice cause theyrenotheld responsible But were going to getadvice Were either going to take that advice were

going to modify that advice or were notgoing to accept that advice But itsgoing to he on the

recordas to whata 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 Youknow its the old saying youget whatyoupaidfor Thats a true statement And you certainlyIthinkyou owe it to the citizens ofMiami to get the proper advice on something as profound

as this and not to take advicefrom somebody who has never done this before

Commissioner Suarez Mr Chair if1 may


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 Imnot sure ifhewas 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 butyouknow Mr Greenberg is a expert municipal attorney Imean he was a county attorney forseveral decades And in that case Iremember specifically you know talking about itwas

actually a former City attorney and thatswhy the City Attorney Ithink couldntwas also

disqualified or not disqualified Iguess had to also recuse herselffrom advising us on thatissue 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 Idontknow 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 Idontknowhow ifhe understands Florida law ifhe even licensed topractice in Florida Ihave youknow Idontknow So you know Ithink having someone that has Ithinkthatsagood

suggestion 1 dontknow 1 dontknow ifanyonescontacted him or ifhe would be willing to

represent the City

Chair Sarnoff Well heresthe problem with Murray Greenberg Hesretained me before

Commissioner Suarez He has

Chair Sarnoff Murray Greenberg has retained me to workfor him before So right away itwill

have an appearance that will not look good to this community and thats why I stayed away fromit Imean youvebeen a lawyerforXSrears


City Commission

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 verylong time and he going to have that same issue AndIthinkyourea little bit tied to the District

7 Commissioner to some degree WellImjust giving an appearance



Chair Sarnoff suggestion I you know heres what it comes down to We know what thebest looks like We know what the best is Anything we do not right now is a photocopy ofthebest Keep photocopying it and the original and inevitably you wontbe able to read it This

is my best judgments ofwho to hire Ifheswilling to lower his hourly rate for appearancesbecause what really matters is the hill thatsrendered 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 itwithout 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 Areyou willing todo this on a flat fee

Mr Davis Thats whatIm saying is to just do aflat fee you know OrIlleven do better orworse thatsfine Imean cause Iwas going to cap it anyway We could do you know 25000as aflatfee or you know well define you know the work in some way thatssensiblefor

everybody and itsaflatfee 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 hesserved or not time is running because there are rules in federal courtfor times of

service ofprocess that he has to actually affirmatively take action Ithinkwe need tohirecounsel whosgoing to make a number ofrecommendations to us and that includes how if

when what shape the Mayor should notbe reimbursed compensated paidfor his attorneys

fees Thatsjust one issue How we moveforward as a Commission is a totally separate issueButyou now have a25000flat rate in front ofyou I you knowIdlike toput this on the next

Commission agenda Ithink it could he voted on today hutImnot looking to create aprocedural issuefar anyone because it was on a nonagenda item andIdontwant 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



City Commission


Commissioner Carrillo And

Commissioner Suarez I mean maybe he wants more options and maybe someone else wantssomething 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 ita 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 ofissues Imean Im assuming that the letterfrom the attorney from sicMichelle Spence Jones

And believe meImno one totellyou what to do and what not to do butwhen theyre

addressing that you may have a conflict you feel that you dontor youremaintainingyourposition andyouregoing to move forward And againIm 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 wespoke about today You know retiredjudges Whether or retired you know County or formerCity attorneys whetheritsMr 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 nothingagainst Mr Davis Because you knowfrom you know the documentationyou provided he you know hesa 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 meadvice and Iwill he providing Illbe asking you to payfor my attorneysfees since the CityAttorney can no longergive me advice So just you understand were going to do this the right

way SoInow 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 ifyouregoing to recuse yourself thenfrom thatprocess thenspeaking to the other two Commissioners who are still here we thankfidly still have a quorum tomake the decision So

Vice Chair Gort Let me give you asuggestion


Commissioner Suarez Yes please Thats whatI was about to ask

Vice Chair Gort Mr Davis is willing to have aflatfee andIthink we needfar hind to if hecan send us a andIthinkhesvery qualified It can sends your documents oftheflat fee This

is whatImproposed to be doingfor thisflatfee And then ifanybody else wants to bring upsome open it anyone else that can bring want to bring out Idontknow what the

procedure well have to use


Vice Chair Gort An RFP Request for Proposals a letter ofintent whatever you guys decideImnot an attorney sofor me

Commissioner Suarez 1 dont

City ofMiami Pane 177 Printedon 2122013


Vice Chair Gort its very difficult to deal with this

Commissioner Suarez thinkyou can do an RFPfar attorneys

Vice Chair Gort Not an RFP but whatever the


Vice Chair Gort procedureyou use as an attorney Cause in the past we always had our

own attorneys lookingfor the other attorney


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 totake on that task Itsnot something that Iwould like to do but ifyou want me to do itImnot

going to you know shrinkfrom it

Commissioner Carollo Well Commissioner Sarnoff in all fairness the reason why you know I

would yield toyou is because you have more expertise in that area because you are an attorney


Commissioner Carollo So you know having a legalbackground you know thats why younormally 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 thatsaid Ithink you know were expressing you know possibly other options at least 1am 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 watchCommission meetings and you know do have an interest in representing the City Yes for a

cost butnot 700 an hour


Commissioner Carollo So you know I



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 ifwereproceeding legally


Vice Chair Gort Arewe 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 obligationObviously we want the hest representation possible butwe also represent the citizens ofour City

and we want to make sure that we do that in a very careful way So lithe remainingCommissioners 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 iftheyrewilling 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 legalcommunity Im sure theyll some ofthem will comeforward

Vice Chair Gort Let me tellyou

Commissioner Suarez And I71 bring you multiple options and then well decide

Vice Chair Gort whatIwould like to see and thatswhyIstated it the way Istated it before

Have someone to let us know ifwere doing the right thing ifwereproceeding the correct thing

Ifit gets more complicated something else tohe followedup then give us the guidance what wecan 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 anydecision or advice that would be appear to be tainted because I do have a conflict under theFlorida Bar rules Ihave a member ofthis municipal corporation thatIhave a special

relationship with as Ihave a special relationship with each ofyou who is then suing another

member ofthe government with whomIalso have a special relationship with the Mayor So Icannot give advice to the board ofwhich this litigant is a member or to the Mayor But Ican

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 toconstrue that mandate within the legal requirements thatIhave to abide by as a member ofthe

Florida Bar So ifIhave a conflict Ihave to then abstain from being involved in the selectionthe control ofan attorney cause there could he an appearance thatImtrying tofavor one side

or the other However Ido 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 notan employee or

an official is entitled to legal representation we do that every day Advise as to whether theres avoting conflict we do that every day Advise as towhether or not there could be indemnity as a

result ofajudgmententered 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 requireconstruction 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 ofyour members who is an experienced attorney You know Ihave no doubt that the attorney


City Commission

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 ofmunicipal attorneys So thereare attorneys that specialize in advising the governance of

municipal corporations which is whatyoure lookingfor as identified by Commissioner SarnoffAnd I cangive you a list oforganizations You canput you know you can work in conjunctionwith your maybe your HR Human Resources Department toput out a notice soliciting

anybody who would want to present their resume or aproposal But what youredoing is

appropriate


Ms Bru Because Iconcur thatIcannot he involved in advising you on this matter Iconcur

that you need advice on this matter AndIthink the process that Commissioner Sarnoffemployed is appropriate as would he any otherprocess as like the one suggested byCommissioner Suarez

Commissioner Carollo Mr Chairman and



Commissioner Carollo And what the City Attorney just mentioned itsmore in line with what 1

am seeing I dontknow ifive need such a specialized attorney And again you know sayingthat youknow he may be very good but Idontknow ifwe need such a specialized attorney Idontknow ifwe couldjust

Chair Sarnoff Justsitting here Commissioner Ibrought up three more conflicts just sittinghere 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 ofinterest is with regard to the City Attorneysadvice before Iwant to confirm that with a lawyer

geta written at least a written opinion to nie to know that Icanproceedforward Isomewhat

disagree that Idlike to know and I Imgoing to askfar this research andIthinkitssomething 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 itdoeshappen Commissioner 1 mean Ican 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 ininternal disputes within the council family

Chair Sarnoff But Ms Bru theresa difference between commissions and councils because ofthe 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 thatswhy Ijustpreface by saying you

know three Commissioners without a veto control the City in a lot ofrespects And in a council

form ofgovernment thatsnot so apparent

Mr Robertson Mr Chairman one minute please


City Commission


Mr Robertson Goad afternoon Kenneth Robertson Purchasing director From aprocurementperspective 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


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 Ima former county courtjudge and an assistant

city prior assistant City attorneyfor about ten years And all I have to say is that its great tosee you all Thank you for recognizing me And its great to he backhome And just wanted tosay Mr Sarnoff thatIcannot do it on apro bono basis butwe certainly can provide Ican

certainly provide services to the City in my new lawfirm thatIm atjar 300 an hour Iwas

authorized tosay that SoImhere to let you know thatIhave the experience When Iwas with

the City 1 handled these issues on a daily basis And as a retiredjudge Iwas ajudgefor 12

years I certainly have the necessary litigation experience And in terms oflovefbr the City itwill will he representing the City like if it were afamily member because that was just thetype 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 Orsee what

Commissioner Suarez Including Mr Davis

Commissioner Carollo Yeah Andsee whats out there Imean


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 Sarnoffmentioned yeah it could be 300 an hour but at the end of the day


Commissioner Carollo itll end up

Commissioner Suarez Whats the tab



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 Justhaveflatfeeproposals instead

ofdoing

Chair Sarnafj And then we pick the lowest one

Commissioner Suarez No Idontthink we necessarily are bound by picking the lowest one Ithink 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 best for 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 atthat next Commission meeting


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 toput 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 whatshould be theprocess Have them send their resumes and



Commissioner Suarez Yeah Iwould say send the resume and a written proposal which will he

aflatfeeproposal and the scope ofworkwill he your in essence giving us advice on all thematters relating to this 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



Chair Sarnoff And Madam City AttorneyIdlike to establish can you represent me and giveme advice as to the section where its read that Icouldpotentially well Idontthink they said

potentially 1 willbe 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 todecide what it was that you Imean onlyyou know whatyou were involved in AndIthink that

you can always contact the Florida Bar and request an opinion from them

Chair Sarnaff Well 1 think 1 know whatIwas involved in too so Iwas a little surprised to hearthatIm involved in anything But having saidthat theresan allegation andImasking you as

my attorney until you declare a conflict canI 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 youregoing togive 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 havea conflict

Chair Sarnoff Andjust so the record is clear by you suggesting theresanythingIm suggesting

this is all news to me and theresnothing

Ms Bru Right Therefore then I dontbelieve that you have a conflict if it if this is justsimplysomething 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 myself from participating in any adviceto this Commission So no you donthave a conflict simply because you may be a witness in thecase

Chair Sarnoff ThatswhatIneeded to hear frana my lawyer

Ms Bru Well again you always have the Florida Bar that you can rely on too as a member ofthe Bar


City Commission

NA3

1300052


Chair Sarnoff Youre recognized

Commissioner Carona And speaking with regards to Florida Bar we will be also lookingfor

attorneys outsideofSouth Florida cause I know Commissioner Sarnoff Chairman Sarnoffyou know did a goodpoint that you know Idontwant any perception that any ofthe attorneys

know me and stuff like that so I

Commissioner Suarez 1 think thatsa greatpoint

Commissioner Carollo Hopefully it could he you know statewide So it could be you knowmaybe 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 surethat 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 NowIm in yourposition whereyou were two weeks ago so Ican onlyimagine how much fun thatsgoing to be andImsaving thatfacetiously by the way SoIll do

the very hest that 1 can Ill try to you know reach out topeople 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 Suarez So we may end up with Mr Davis after its all saidand done or we may

end up with someone else Well have multiple options and well go forward hopefully and thenwell make the next decision and you know go through thisprocess as it comes to us

Chair Sarnoff All right So

DISCUSSION ITEM


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 AndIthink theyre

anticipating getting a letterfrom youfor a flat rate You still there

Mr Davis Yes We could talk about it offline exactly whatyou wantme 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 Imgoing togive you guys three hours till 1230 Im sorry330 Excuse me 330

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 governorofthe great state ofFlorida Governor Rick Scott Hesvisiting


City Commission

ADJOURNMENT

City of

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 Yallare 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 whatyouredoing You got a great city Youvekept your crime rate lowjobs are coming back housingscoining back So Ijust wanted to congratulateyou on

everything youredoing and have agreat 2013 Have agreatday Byebye

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

The meetingadjourned at826pm
