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HomeMy WebLinkAboutCC 2013-05-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, May 23, 2013 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, P.E., City Manager Julie O. Bru, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 23, 2013 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BI - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Gort, Chair Sarnoff, Commissioner Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 23rd day of May 2013, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Planning and Zoning Commission Meeting was called to order by Chair Sarnoff at 9:21 a.m., recessed at 12: 25 p.m., reconvened at 2:35 p.m., recessed at 4: 02 p.m., reconvened at 4:23 p.m., and adjourned at 6: 58 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9: 23 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Nicole N. Ewan, Assistant City Clerk Chair Sarnofff. Morning. It looks like it's a red-letter day. Welcome to the May 23, 2013 meeting of the City ofMiami Commission in these historic chambers. The members of the Commission are Wfredo "Willy" Gort, the Vice Chair; Frank Carollo; Michelle Spence -Jones; Francis Suarez; and myself, Marc David Sarnoff, the Chairman. Also on the dais are Johnny Martinez, the City Manager; Julie O. Bru, the City Clerk [sic]; Nicole Ewan, the Assistant City Clerk. The meeting will be opened with a prayer by Commissioner Francis Suarez and the pledge of allegiance by Commissioner Gort. Commissioner Suarez: Thank you, Mr. Chairman. If you'd please stand, I'd like to take a special moment before we begin the prayer of silence for the son of Congressman Lincoln Diaz-Balart, Lincoln Gabriel Diaz-Balart, who passed away a few days ago. May his soul and spirit be in our minds as we deliberate today. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 13-00607 PRESENTATION Honoree Luis Valdeon Rise4Miami Leadership Miami Haitian Heritage Month Leela Restaurant Presenter Mayor Regalado/ Commissioner Gort Commissioner Gort Commissioner Spence Jones Commissioner Spence Jones St. Hugh Catholic School - Commissioner "Art in the Dark" 8th Graders Suarez Protocol Item Salute Certificates/Appreciation Certificates/Appreciation Certificate/Salute Certificates/Appreciation City ofMiami Page 3 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 13-00607 Protocol Item.pdf PRESENTED 1. Vice Chair Gort paid tribute to Luis Valdeon for his outstanding contributions to residents of the City ofMiami through his critical intervention in the foreclosure process that has affected many; further embracing his intervention as important and exemplary and in support of the spirit of the community. 2. Vice Chair Gort presented Special Certificates of Appreciation to the participants of the Rise4Miami Team for their participation in Leadership Miami and their efforts in creating and implementing a vital anti -bullying awareness campaign within Miami -Dade County Public Schools. 3. Commissioner Spence -Jones presented Certificates of Appreciation to the members of the Haitian Heritage Month Planning Committee for their generous support in ensuring the success of the Haitian Heritage Month activities which featured Haiti's cultural and historical impact as the second Independent Nation in the Western Hemisphere. 4. Commissioner Spence -Jones paid tribute to Leela Restaurant, Inc., in honor of its second -year anniversary and the First Annual Little Haiti Flag Day celebration held at the site; further recognizing this family -owned and operated small business that offers its clientele a very healthy menu of nouvelle Haitian American cuisine. 5. Commissioner Suarez presented Commendations to the 8th Grade Students of Saint Hugh Catholic School for their grace under pressure'as they used a critical period of emergency confinement as an opportunity for artistic expression producing work now part of a collection entitled Art in the Dark." Chair Sarnofff. We will now make the proclamations and presentations, and we recognize Commissioner Gort for his resolutions. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnofff. Are there any Commission meetings to be approved? Nicole N. Ewan (Assistant City Clerk): Yes, Chair. I have here for your consideration an approval of the minutes for the Planning & Zoning meeting of April 25, 2013. Commissioner Suarez: Move it. Chair Sarnofff. We have a motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnofff. Second by Commissioner Jones [sic]. Any discussion? Hearing no discussion, all in favor, please say, aye." City ofMiami Page 4 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 MAYORAL VETOES The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES Chair Sarnoff Ms. Ewan, are there any mayoral vetoes? Nicole N. Ewan (Assistant City Attorney): No, there are no mayoral vetoes. ORDER OF THE DAY Chair Sarnoff All right. We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair and members of the Commission, Mr. Manager, Madam City Clerk, and members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the Clerk's Office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record. Please, no cell phone or any other kind of noise -making devices are permitted in the Commission chambers. Silence those devices now. Any person making an offensive remark or who becomes unruly will be barred from attending Commission meetings in the future. Any person with a disability that requires an ancillary aid, please see the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chair indicates otherwise. Thank you, Mr. Chair. Chair Sarnoff Thank you, Madam City Attorney. Later... Chair Sarnoff Does the Administration or any Commissioner wish to withdraw or change any item? Johnny Martinez (City Manager): Yes, Mr. Chair. Chair Sarnoff You're recognized for the record, Mr. Manager. Mr. Martinez: RE.7, defer to June 13; RE.8, defer to June 13; RE.9, continue to June 27 and RE.17, defer to June 13. Chair Sarnoff Seventeen, what -- Mr. Martinez: RE.17 is the roadway transfer with FDOT (Florida Department of Transportation). Chair Sarnoff OK. I want to discuss RE.17, but we'll make it a part of the motion. Commissioner Spence -Jones: Can we also, just really quickly, can we just repeat them again? I just want to make sure I got them right. Mr. Martinez: Yes, yes, no problem. RE.7, defer to June 13; RE.8, defer to June 13; RE.9, City of Miami Page 5 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 continue to June 27 and RE. 7, defer to June 13, and I think the Commissioner mentioned he wants to discuss. Commissioner Carollo: RE.7 or -- Chair Sarnoff Seventeen. Mr. Martinez: Seventeen. Chair Sarnoff OK. All right. Is there a motion for those? Commissioner Suarez: Move it. Chair Sarnoff We have a motion. Is there a second? Commissioner Spence -Jones: Second. Commissioner Carollo: Second. Chair Sarnoff OK. Does anybody want to discuss anything? I want to discuss RE.17. Commissioner Spence -Jones: Seventeen? Commissioner Carollo: I want to add -- Chair Sarnoff Go ahead. Commissioner Carollo: -- with regards to the deferral. Chair Sarnoff Go ahead, edit. Commissioner Carollo: I would like to defer to the next Commission meeting PH. 3, and if the Administration can make sure that Exhibit "A" is properly stated and is not a draft. I would then also request -- give me a second -- I will request that FR.2 is heard at 3: 45, ifI could have a time certain, Mr. Chairman. Chair Sarnoff I'm sorry. FR.2, you want to defer or have it -- Commissioner Carollo: No. I would want a time certain on FR.2. Chair Sarnoff For today? Commissioner Carollo: Yes. Chair Sarnoff Why don't we give you -- is 3 o'clock okay? Commissioner Spence -Jones: And as we're going through these items, this is one of the items that also asked the Manager if we could defer this item, because I really wanted more information. I don't have a problem, though, Commissioner Carollo, if you want to just have a discussion on it, but there are some key things that I've asked. Mr. Martinez: That's a Commissioner item. I -- Commissioner Spence -Jones: Oh, okay, I (UNINTELLIGIBLE). City of Miami Page 6 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Martinez: Yeah. It's not a -- Commissioner Spence -Jones: I don't know if they had an opportunity to discuss it with you at all. Obviously, they didn't. Commissioner Carollo: Actually, I thought it was discussed, andl would want to move forward with it. Commissioner Spence -Jones: Okay. Well, there was information that I requested that I haven't gotten, so that was the only reason why I asked for a deferral on the item or to provide me with the information, andl haven't -- I know my office hasn't received it. Commissioner Carollo: Well, maybe we could discuss it -- Commissioner Spence -Jones: And this is -- Commissioner Carollo: -- on the dais at 3:45. Commissioner Spence -Jones: We could talk about it. I don't have a problem talking, andl could tell you what my issues and concerns are. Commissioner Carollo: (UNINTET,T IGIBT ,F), because then I have -- at 4, I have the auditors. Chair Sarnoff Great. That's fine. Commissioner Carollo: So let's just hope -- Commissioner Spence -Jones: For what time? Chair Sarnoff Three -forty-five time certain -- Commissioner Carollo: Three -forty-five. Chair Sarnoff -- so we'll -- we don't have to table it. We haven't taken it up. FR.2 will be discussed at 3:45. Commissioner Spence -Jones: Okay. Commissioner Carollo: And there is one more that I -- I'm not seeing -- give me a second. I don't know if any other Commissioners have any others before I look at one more item that I'd like to defer. Commissioner Spence -Jones: No, I just -- if we're going to talk about this at 3:45, I want to ask for the Administration to please make sure I have the information that I requested. Chair Sarnoff Mr. Manager, can you do that? Can you make sure that the information is delivered? Commissioner Spence -Jones: At least so that I have it, so that it's like not a holdup on my end. I mean, I support what you're trying to do, but I just had some questions on the fiscal impact of it, and I've asked for all of the site locations in my district, because I have no idea where they are. Commissioner Carollo: Not a problem. Mr. Manager, is that possible to have that information by 3:45 so that the Commissioner has it? City of Miami Page 7 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Martinez: Yes. Basically, what the Commissioner was asking for, what is the manpower required to implement that -- the inspections. Commissioner Spence -Jones: Well, my first request, so that we're clear, my request was how many do I have in my district? Andl don't know if any other people want to know that, but I would like to know, because I have no idea. And then the second part of that is what is the fiscal impact of -- so that's it. I think it's a good idea what you're doing, so I support it 100 percent. I just want to understand it. Commissioner Carollo: Quite fairly, there's a number of people that would like to comment and speak on the item. Commissioner Spence -Jones: No, no, no. Commissioner Carollo: -- andl think holding them back because -- Commissioner Spence -Jones: We can hear it. I just want -- Commissioner Carollo: I don't want -- Commissioner Spence -Jones: Just as you have an item and you want information and you request for the information -- Commissioner Carollo: Absolutely. Commissioner Spence -Jones: -- you expect to get it before the item is heard, right? Commissioner Carollo: Absolutely. Commissioner Spence -Jones: So I'm just asking that they provide that information for me. So 3: 45 is fine. Commissioner Carollo: Okay. Chair Sarnoff All right. Andl want to add one other item to the list. Pursuant to my conversation with the Administration, DI1, which, I believe was regarding IT (Information Technology), which IT also stands for, I hope you know, "LT.," I have agreed to allow them 90 days to get the new director on board, and get him up to speed, so that then he would present to this Commission. Vice Chair Gort: I want you to know, in my office, I sent an e-maile-mail (electronic) out today asking -- because my understanding is we had quite a few people that had resigned, and at the same time, there's quite a few people in the DROP (Deferred Retirement Option Plan), so I want to make sure we have the -- IT is very important to all of us. I mean, we all depend on the information, and IT and the communication among our departments, so I already asked from e-maile-mail requesting all that information. Chair Sarnoff Do you want to bring it back, Commissioner, sort of in 90 days? You want to bring it back in 30? I just want to let the IT director get his feet wet, or her feet wet. Is it a "him" or a "her"? Vice Chair Gort: I understand, but I'd like to get that information. I already requested it, so hopefully, I'll get it in writing, what the employment within the -- within IT. At the same time, what are we doing to make sure we fill up those spots coming up? City of Miami Page 8 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff Okay. So why don't we do this: Why don't we bring it back in 30 days. This way -- I believe this is a gentleman from Orlando, right? Oh, I'm sorry. It's me. Sorry. Alice Bravo: Good morning. Alice Bravo, Assistant City Manager. Yes, the new IT director, his name is Conrad Kross, and he'll be starting June 3. He's already passed all the physicals, et cetera, and he most recently served as the IT director in the City of Orlando for just over 10 years after having a long career with them, and also serving as a consultant here and there. So he'll be with us on June 3, and he's already aware of the request, and IT report, and he's already met the staff and reviewing information. Chair Sarnoff And just -- I think what Commissioner Gort is saying, I think each Commissioner received, Ms. Bravo, an anonymous e-maile-mail from -- I'll give it to you right here -- from apparently either ex -employees, or employees of the IT Department, andl think that brings concerns to the Commissioners if that's true or not true, andl think what Commissioner Gort wants is not to wait 90 days, but would like to see this brought back sooner. I just want to give Conrad Kross the opportunity to find the bathroom key, get himself acclimated and at least give him the opportunity to assess his department. Thirty days is fast, but you can see why Commissioner Gort is bringing that up. Commissioner Suarez: Mr. Chair. Chair Sarnoff Yes, you're recognized. Commissioner Suarez: Thank you. I was actually really looking forward to the discussion item, because it's something that's very near and dear to my heart, and I've been bringing it up since I got -- really, since I was elected three years ago. I think we spent when I got here $14 million a year in IT. We're down to like nine or 10. And we've asked for -- I know I've asked for some very simple things to be done in IT that have not been done for a variety of years. And, you know, everything -- we've obviously had a number of different directors. I think we've had three or four. I think this will be our fourth in three and a half years if I'm not mistaken. So not only that, we had a plan for IT that then was abandoned. We have, obviously, now a tremendous amount of vacancies that have just materialized. My understanding is, there's a tremendous amount of lack of morale in that department. I'm not sure that there's any sort of clear leadership, but I'm hopeful that the new person that was hired is someone that can, you know, straighten up, straighten out the ship. But I definitely -- it's been on my radar screen. My understanding was that the Auditor General was doing an audit on IT. When I first -- when we were going through the process of interviewing him, I told him that that was something that was very important to me. I think Commissioner Carollo echoed that sentiment. I don't know where that audit is. Is it in process? I mean, this is part of the issue of whether our Auditor General is available here for us to ask him questions about where -- I mean, my understanding, that audit has been ongoing for a while. So I don't know when that audit's set to be completed, and how exhaustive it is, and what are the parameters of that audit. So, you know, in terms of your discussion item, I'd like to wrap into that the audit and, you know, where that audit is and, you know, when is it set to be completed, and what are the parameters of the audit. Chair Sarnoff Look, I'll tell you, candidly, last weekend, I was in New York City; two-part trip. One was to try to attract hedge funds for Miami, and second was to meet with the Bloomberg folks who are creating IT in New York. I met with EDC (Environmental Development Consultants). Commissioner Spence -Jones, I will give you some cards from some people from EDC. It's a very interesting economic development concept that New York has employed. I think it could be employed here. But the IT Department -- and Mr. McGlocklin, turns out, I met with him. He's called from Beta Works, and he actually was Barak Obama's chief information officer for the first three years of his presidency, and he is the person that set the agenda for the President with regard to IT. So I'll be bringing something -- I think it's not this Commission. I think it's the second Commission meeting in -- City of Miami Page 9 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: June. Chair Sarnoff. -- in July, I think. I think it's the second Commission meeting in July. And you'll see some ideas he gave me. One concept I'll throw out there, Ms. Bravo, how about this: If Google were going to design a city today, what jobs would they have in place, and what would the directors look like? Would they have directors? So I'll repeat it one more time: If Google were going to design a city today, what would a Google city look like, and how would they implement it? I'm not saying you're there, because, obviously, it's just simulation. But on the other hand, it does show you and demonstrates some very forward thinking that I don't think we really get here in Miami. Ms. Bravo: Right. Chair Sarnoff. So I throw that out to you. You have 30 days, not a lot of time, but you heard Commissioner Suarez' request for the audit. You heard Commissioner Gort's concern regarding the e-mail. And 30 days, I don't expect to get a breakdown of everything, but I think we should have some information, because, sort of like Commissioner Suarez, I sit here approving budgets, and all hear is "This system doesn't work with that system," and "This department doesn't interface with that department." One of these days we're going to interface. One of these days we're going to communicate. Fair enough? Ms. Bravo: Yes. And ifI could say, in the selection of the new IT director, the qualities we were looking for was someone who's knowledgeable about software applications, someone who's knowledgeable about the hardware that it takes to run them, but also someone who had the business acumen to really sit down with department directors and figure out not necessarily how to give them exactly what they want, but what they need, and how to best work with what applications are out there, and perhaps change some of the City's business processes to better match the technology that's available, so someone who really takes a holistic approach to IT; not just applications and hardware in a vacuum. So we'll gladly address everybody's concerns. Chair Sarnoff. All right. So on the motion, I believe we have PH.3 added. Does the mover accept? Commissioner Suarez: Yeah, ifI was the -- who was the mover? Was I the mover? Chair Sarnoff. And also DI 1. Commissioner Suarez: Yes. Chair Sarnoff. Did the seconder accept? Commissioner Carollo: I'm not sure who the seconder -- Nicole N. Ewan (Assistant City Clerk): The seconder was Commissioner Spence -Jones. Chair Sarnoff. You accepted? Commissioner Spence -Jones: Yes. Chair Sarnoff Okay. Commissioner Carollo: The only thing, Mr. Chairman, can we just go through all of them again? City of Miami Page 10 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff Sure. Commissioner Carollo: I just want to -- Chair Sarnoff. You want to go through them, Ms. Ewan? Commissioner Carollo: Thank you. Ms. Ewan: RE7, deferred to June 13; RE.8, deferred to June 13; RE.9, continued to June 27; RE.17, deferred to June 13; PH.3, deferred to June 13; and D1.1 deferred to June 27. Chair Sarnoff. All right. I just want to talk about RE.17 for a minute. RE.17 was a very hard fought negotiation between the Florida Department of Transportation, the City ofMiami through Miguel Diaz de la Portilla, Senator Miguel Diaz de la Portilla that provides the City ofMiami with the ownership of Brickell Avenue. Now, if you know Brickell Avenue folks, it's probably their biggest desire to have control over their own roadway in terms of beauty, in terms of the fact that this is our ParkAvenue of New York -- ofMiami, in terms of the fact that we can slow the speed to the limits that we would be allowed to slow them to, subject, of course, to good practices that I think -- I colloquially call it "The Green Book, " Mr. Manager. I know it's differently described by you, but it's subject to the regulations. We were very, very successful in getting Brickell on a transfer for what is described as some remnant roads that need a lot of work. Now, the best way to describe this is Brickell, as you know, just being completed, it is just going through a major overhaul. We are putting a sidewalk project in. We're putting in a median project. We had been taking care of the sidewalk and the medians of Brickell for years, and years and years. If anybody wants, I have a packet of every roadway that the City ofMiami takes care of for either the County or the State. So it predates all of us as to whether it was a good idea or a bad idea. We've been doing it for years. And now, we have the opportunity to own Brickell. This is a very big, big piece for the City ofMiami to take ownership and control of its own ParkAvenue, andl just don't want this opportunity to slip. I understand that a Commissioner wants this deferred for one meeting. Mr. Manager, just to let you know, I intend on calling this up for a vote at the next Commission meeting, and either you vote it up or you vote it down, but this is important to the Brickell folks. You're recognized, Commissioner Gort. Commissioner Spence -Jones: Mr. Chairman, andl definitely have a comment, because the Commissioner that you're speaking of is me, and that area which you're talking about is Overtown, and quite frankly, while I understand how important it is for you to represent your constituents -- you should, right? -- but it's also important for me to represent mine. Unfortunately, FDOT gets an "F" for our community in Overtown. They have been responsible for not only destroying a very prevalent African -American community, but also displacing many of them, many of the people that live there, and while I understand what you need to get done for Brickell, andl think it's great that we can use it as a leverage to get things done, I'm very uncomfortable with giving up anything in Overtown in any way until they handle what they promised they would handle. There's things that FDOT has said that they're going to do with the bridge. They say one thing, and then it's a totally different thing. They haven't done anything that they committed to do. So, you know, for me to give up something or allow them to take one thing over the other, and not have them live up to their responsibility to the residents of Overtown, I have an issue and a concern with it. So all asked was for Alice and the Manager to set up a meeting with FDOT and let's go through all these items that the residents of Overtown have asked for that they have not complied with. So I'm glad that you have made headway in Brickell, and I'm glad that you were able to sit down and get that negotiated. It's amazing that in the midst of getting that negotiated, my district considered it without even having a discussion with me, because I would have told you then that anything that FDOT is doing in Overtown, we've got issues. The people in Town Park have been asking for a sound barrier for God knows how long, you know, so that they're not hearing the expressway, and we got sound barriers everywhere, but in that little section of Overtown, we don't, you know. We've been asking about City ofMiami Page 11 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 the bridge, which you and the Mayor are suing -- I assume -- suing FDOT; how they presented one plan, and then decided to do a whole totally different plan. And then not only that, beyond that, they promised that they would not take anybody's property. Next thing know, they're taking people's property. Then I'm hearing again, without us even having a conversation, you know, the properties that we're building in Overtown or trying to create in Overtown, now they want to take that side of 14th Street and 3rdAvenue for the business that we just put money into. So I got issues with FDOT. It don't have anything to do with Brickell and your residents that you represent, but please understand that just as you have to fight for yours, I have to fight for mine . So all I'm asking is that would like to have a meeting with FDOT to make sure that our issues get resolved. Now, I don't have a problem with them switching out some other land. They can take some other land. Give them another road, fine. But if you're talking about giving them something in OT (Overtown), yes, the District 5 Commissioner has a big issue and a big problem with it. I'm not saying you can't get Brickell done. You got other districts or other things that you could -- but Overtown, when it comes to 195, roadways, highways, anything that sounds like that is a problem for us in Overtown. It destroyed a community. So as I stated in my -- Andl don't understand why we didn't explain this to the Commissioner, because I don't want him to think that I'm trying to stop something that he's done. But the reality is we have a problem. So as soon as we get that meeting, I don't have an issue beyond that. And we can lay out those things. I've asked FDOT to come and have a community meeting; not that little office that they have on 3rdAvenue that nobody goes into. I've asked for them to have a meeting with the residents to let them know what's going on. It's not happening. So I'm sorry for going on, for going on a tangent, but I just want you to understand that I'm very passionate about this issue. Chair Sarnoff And just so you know, Commissioner -- and I'll let Commissioner Gort go -- we have not settled the lawsuit with FDOT, and the first -- we've had a couple of settlement negotiations, which probably is best not to discuss, but that we will continue in the lawsuit, and that will come to this Commission so that you can see exactly where we are. But we have in no way, shape or form resolved the issue with regard to the bridge, the signature part of it, how it will affect Overtown, the height of it, and what can go on under that bridge. Commissioner Spence -Jones: Andl applaud you for that effort, because you are suing them, you know, and I'm not trying to have an issue with an agency. I'm just so tired of people taking advantage of people that, you know, that are just trying to make it every single day, and stepping on them. It's horrible, you know? Andl have an issue with it. So I'm glad that you're suing them. I would like to also give you some additional things that were promised that did not happen that we'd like to have included in that suit as well, but I just -- when I heard "FDOT," it just creates, you know, just a very uncomfortable feeling for me, because they do not live up to what they commit to do. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Okay. Let me say, in part, I agree with the growth -- andl keep saying this all the time -- ofMiami-Dade County is affecting the City ofMiami, all our neighborhoods. I mean, we began with 112, where 36th Street used to be the main street in Allapattah. There used to be all kinds of major stores there, all the car dealers. Now, they're finally coming back. The 1-95 destroyed some historical neighborhoods, some great neighborhoods, not only in the City of Miami, in North Miami and so on. And the 826, I mean, destroyed completely Little Havana and that whole area there. So DOT (Department of Transportation), I understand they needed to do that, but somehow, we should get something back for what we're doing. So I agree that in this negotiation you're doing, I think you should include all the questions that we have, and all the promises that they have made to the City ofMiami that they could comply with, because a lot of time, you have to stay after them, because they'll forget. That's why I tell my staff all the time, "Keep calling, keep calling, keep calling." And in Brickell, I can tell you I've been in Brickell, an office there for, I believe, for 20 years, in downtown, and we need to take control. And at the same time, I'm going to request and -- I ask the Administration to do so -- today, with all the kind City ofMiami Page 12 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 of constructions that are taking place, it's become a nightmare to get out of Brickell or get out of the South Miami Avenue area. One of the suggestions I made is to have the developers hire off -duty police officers to direct traffic, because we need some kind of traffic directions in there. I mean, what we have right now is not working. So I'm asking you in your negotiations and the Administration to talk to some of these developers and see what we can do to ease the traffic, because like the other day, 7th Street, which is used for everyone to go out to the west, two lanes -- out of three lanes, two were closed. So you can imagine what it was like coming out of there. Thank you. Chair Sarnoff. Anyone else? Commissioner Suarez: Sure, why not? Thank you, Mr. Chair. You know, in my briefing, I was not told that this was any sort of an issue, so, you know, I think the Commissioner, Commissioner Spence -Jones has a point. You know, I wasn't told. I don't know if you were told or anyone else was told that this was a by -district issue. So, obviously, Brickell is -- andl have been -- you know, my parents live in Brickell, and I've attended many Brickell meetings, and the Brickell situation is -- I guess the wordl would use is "acute." You know, I think the residents are, you know, very fed up with FDOT's refusal to basically do anything that would alleviate some of their concerns, and this has been an ongoing struggle for many, many years. Andl can understand, also, Commissioner Spence -Jones' reluctance to want to adopt FDOT as a new landlord on her side, too. Look, I think what you're asking for, Commissioner Spence -Jones, is reasonable, which is just a little bit more time, you know, to meet with FDOT and express your concerns. And hopefully, we can work it out, because I think it's something that, from my understanding, those roads that they're adopting are not main roads, like are the typical problematic roads that FDOT manages, like 27th Avenue, Brickell and even Biscayne. So -- Commissioner Spence -Jones: It's 3rdAvenue. For me, it's a very important road. Commissioner Suarez: Yeah, that's true. That is a very -- that is a main road. So, anyhow, we'll see what that negotiation -- I didn't think it was 3rdAvenue but -- Commissioner Spence -Jones: It's two sides of it, of the expressway. Commissioner Suarez: But it's3 rdAvenue, as well? Chair Sarnoff Yeah. Commissioner Spence -Jones: Yes. Commissioner Suarez: Oh, it is? Okay. Okay. Okay. I'm with you, I'm with you. So -- Commissioner Spence -Jones: So if you got a street in your district, fine, give it up. Commissioner Suarez: Yeah, I know. I have one on 27th Avenue and FDOT owns it and -- they own it, and they do a very poor job of it. But, you know, I don't think have many more avenues of that size to give up. They can take 37th if they want, I suppose. Commissioner Spence -Jones: And I'm not saying that we will not sit down, but think that this puts us in a very unique position, you know. They have something that they want, and we have something that we want, but they have to live up to their responsibilities first. Chair Sarnoff All right, so, Commissioner Carollo, nothing? Okay. Vice Chair Gort: Let me say I commend you for the suit you placed and what you're doing. I think taking over the Brickell Avenue, it's -- well, I've been here -- for the last 20 years when I City of Miami Page 13 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 was a member of the Brickell Area Association, that's what they were asking for, because DOT wanted to do whatever, I guess, they want. And the traffic has got to come down in that area, and the speed has got to come down. There's too many pedestrians in there now. Chair Sarnoff All right. So now we have a motion and we have a second on all the items for deferral, continuance. All in favor, please say "aye." The Commission (Collectively): Aye. Later... Chair Sarnoff Commissioner, what -- I could report to you where we find ourselves. Commissioner Spence -Jones: Yes. Chair Sarnoff We're through all the public hearings. We're through the consent agenda. SR. 2, I'm actually going to move to continue to the -- I'll tell you what, I'll give it a -- for the next meeting. Commissioner Spence -Jones: SR.2? Chair Sarnoff It's the security shutters. Commissioner Spence -Jones: So we're not hearing that today? Chair Sarnoff Correct. But I'm going to need a motion on that. Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Later... Chair Sarnoff Going back to redistricting. Can we get Commissioner Spence -Jones out here? Commissioner Suarez: How much -- what else do we have? Do we have anything else? Chair Sarnoff I think that's it. I'm going to waive any of my discussion items. Commissioner Suarez: And my discussion item related to the thing that we passed earlier, the -- so we're -- I'm good. Chair Sarnoff Okay. Commissioner Suarez: Andl think (UNINTELLIGIBLE). Chair Sarnoff This is it. Commissioner Spence -Jones: This the last item? City of Miami Page 14 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff I think this is it. Yeah, I think this is it. Commissioner Spence -Jones: (UNINTET,TIGIBT,F) at all, right? Chair Sarnoff He's not here. Commissioner Suarez: Defer it to the next one. Commissioner Spence -Jones: (UNINTET,TIGIBT,F) defer it to the next meeting. Chair Sarnoff Do we have to defer that or will it just happen? Ms. Ewan: We'll need a motion to defer it. Chair Sarnoff What is the item? FR (First Reading) -- what is it? RE (Resolution) -- Ms. Ewan: RE.12. Chair Sarnoff RE.12. Is there a motion on RE.12? Vice Chair Gort: Move it. Chair Sarnoff Motion by Commissioner -- Commissioner Carollo: Well -- Chair Sarnoff -- Suarez -- motion to continue, for one. Commissioner Carollo: Yeah, but in all fairness to the Mayor, I want to make sure that, you know, he's not going to be here. So I would like to defer it maybe at the end of the meeting, because what if he comes in? Commissioner Suarez: Yeah, let's wait until after redistricting. Commissioner Carollo: I mean, he may come back for redistricting or some other items so -- Chair Sarnoff Okay. Commissioner Carollo: I mean, I don't have a problem deferring it, but -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F) after redistricting. Chair Sarnoff No. Commissioner Carollo: Well -- Chair Sarnoff That's it. Commissioner Carollo: But regardless, I just want to make sure that, you know -- Commissioner Suarez: It's fine with me. Commissioner Spence -Jones: Not a problem. Commissioner Carollo: -- we extend as much courtesy as possible and -- City of Miami Page 15 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff That's fine. Commissioner Spence -Jones: Not a problem. Chair Sarnoff Ready, Mr. Cody? Mr. Cody: Hopefully, your IT people are ready to go. If you could put the -- my screen up on the big screen. Commissioner Carollo: We need IT or Francisco Garcia to come and set it up for you? Mr. Cody: It was working before, then we went on to something else so -- I don't know. But, hopefully, while somebody's -- City of Miami Page 16 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 CONSENT AGENDA CA.1 RESOLUTION 13-00524 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BUFFER ZONE PROTECTION PROGRAM GRANT" CONSISTING OF A GRANT IN THE AMOUNT OF $199,999, FROM THE DEPARTMENT OF HOMELAND SECURITY, OFFICE OF DOMESTIC PREPAREDNESS TO THE STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 13-00524 Summary Form.pdf 13-00524 Letter - 2010 Buffer Zone Protection Prgm.pdf 13-00524 Application for Funding Assistance. pdf 13-00524 Legislation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0192 Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones CA.2 RESOLUTION 13-00393 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING, FOR THE USE OF APPROXIMATELY 1,500 SQUARE FEET OF OFFICE SPACE LOCATED AT 3310-A MARY STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE TO THE CITY'S COCONUT GROVE NEIGHBORHOOD ENHANCEMENT TEAM ("NET"), WITH A YEARLY FEE OF ONE DOLLAR ($1.00), FOR THE PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM; ALLOCATING FUNDS FROM THE NETS BUDGET, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 13-00393 Summary Form.pdf 13-00393 Legislation. pdf 13-00393 Exhibit 1.pdf City of Miami Page 17 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0193 Chair Sarnoff CA.2. You're recognized for the record, Commissioner Carollo. Commissioner Carollo: Actually, I would like the Public Facility director to present prior to the discussion. Chair Sarnoff Okay. Henry Torre: Morning. Henry Torre, director of Public Facilities. CA.2 is a license agreement between the City ofMiami and the Department of Off -Street Parking for use of office space located at 3310 Mary Street by the City of Miami's Neighborhood Enhancement Team. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you. Okay, in some of these issues that come before us, I want to be able to see the whole picture and be as transparent as possible. So it seems like there's more to this than just this one item. And what I'm saying is, okay, can't -- andl understand right now, that space is vacant, but can't MPA (Miami Parking Authority) in the future lease that space and provide revenues to the City ofMiami? Mr. Torre: Well, Commissioner, this agreement is on a month -to -month status. It's a license agreement, not a lease, so I'm sure at some point in the future, if the MPA does have an opportunity to make some money on it, they will. Commissioner Carollo: It was my understanding that it was a five-year -- Mr. Torre: It's a five-year license agreement that is revocable with 30 days notice. Commissioner Carollo: Okay. And as far as the bigger picture, why move the NET (Neighborhood Enhancement Team) office to that location? Mr. Torre: Commissioner, we do have a plan for the Peacock Park. There is an RFP (Request for Proposals) that has gone out that we think -- we know will revitalize the park and bring additional revenue to the City ofMiami. Commissioner Carollo: Is that the issue that I think, Chairman Sarnoff, you brought up from before with -- as far as what's waterfront property, and is Peacock Park waterfront property? Chair Sarnoff Yeah, but it's going to go to referendum. I'm going to follow the City Attorney's advice. Commissioner Carollo: So you're planning on going to a referendum with it? Chair Sarnoff Oh, yeah. Commissioner Carollo: Okay. Chair Sarnoff Yeah. City ofMiami Page 18 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Carollo: Okay. Chair Sarnoff. Andl think, Commissioner, the offset on what you'll get in terms of rent versus a building that has been vacant from the day it was opened -- Commissioner Carollo: I understand. Chair Sarnoff. -- and with the ability -- I think the particular place that they are moving into has been vacant for three years. Mr. Torre: Correct. That is correct. Chair Sarnoff. I think 55 percent of their space has been vacant from the day it opened. Mr. Torre: Correct. Chair Sarnoff. It has not been a success. I think if Art Noriega could take it back, he would, but it's a good place for us to put our NET facility. Certainly, parking is available for people who go to their NET facility. I think it's a good situation for everyone. Commissioner Carollo: Understood. I just want to make sure that we saw exactly what was going on, and it wasn't that we were just moving our NET. I want to make sure that there's transparency and that there's a bigger picture. The reason we're moving it is because there's an RFP that will, since it's waterfront property, will go to a referendum and will -- Chair Sarnoff. I should be a little clearer with you actually. The park that NET is coming from is actually going to be restored to Parks, and the Parks Department is going to deploy a program for some indoor park programs; that in concert with the Saint -- Saint Stephen's. I apologize -- Saint Stephens -- agreement that this Commission approve where they put $500, 000 into the park is really the revitalization -- I guess you'd call it the western area of PeacockPark. So there is a plan in place. You have the NET coming out of there. You have park programming going in there. If we're successful in our RFP, the money that would go towards the rent to that building would then help offset some of the park program. Commissioner Carollo: Would it be enough for general fund? Because -- Chair Sarnoff. I think you could divide it up. I don't know what the inevitable number will be, but this has got to come back to the Commission, and, you know, we'll look at everybody's parks to see how everybody's doing it, make sure that we're -- equal protection for all, and we treat everybody the same so that we look at everyone's park and see how those programs work. But I agree with you, every opportunity to find general fund dollars should be looked at transparently, openly and make sure that we make sure that we put as much money in the general fund as we can. All right. So is there a motion? Commissioner Carollo: Move it. Vice Chair Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff. Motion by Commissioner Carollo, second by Commissioner Suarez. Any further discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Page 19 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 PH.1 13-00462 Department of Community and Economic Development END OF CONSENT AGENDA Chair Sarnoff Okay, consent agenda. Is there a motion for the consent agenda? Commissioner Spence -Jones: So move. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I'd like to pull CA.2 to discuss. Chair Sarnoff All right. So CA.1, I'll take that as a motion from Commissioner Spence -Jones. Is there a second? Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE MARTIN LUTHER KING EMERGENCY BUSINESS ASSISTANCE PROGRAM GUIDELINES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $130,000, FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT, AS SPECIFIED IN EXHIBIT "B", ATTACHED AND INCORPORATED, TO PROVIDE FORGIVABLE LOANS UP TO $10,000 TO FOR -PROFIT BUSINESSES LOCATED ON NORTHWEST 6TH AVENUE BETWEEN 54TH STREET AND 71ST STREET AND ON 62ND STREET BETWEEN INTERSTATE 95 AND NORTHWEST 12TH AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00462 Summary Form (05/23/13).pdf 13-00462 Notice to the Public (05/09/13).pdf 13-00462 Pre -Legislation (05/09/13).pdf 13-00462 Legislation (Version 2).pdf 13-00462 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez City of Miami Page 20 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 R-13-0194 Chair Sarnofff. PH.1. George Mensah: This is George Mensah. I'm director of Community Development. PH.1 is a resolution to allocate $130, 000 for the MLK (Martin Luther King) Business program, and this program will provide $10, 000 each to eligible businesses and $10,000 to (UNINTET,T IGIBT ,F) business. Chair Sarnofff. You're recognized for the record, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 26th Street. I come to speak to be public, public hearing. You have at least somebody from the public, right? Andl would like to see what organization is going to be administering. I would like to see someone like the mom and pop, like, you know, Jones from Neighbors and Neighbors, maybe administering that. I don't know who is going to be -- it's going to be the City to be taking care of that, or it's going to be somebody else? I would like to see Neighbors and Neighbors taking care of that, because they have the knowledge, working already on the mom and pop. Thank you. Chair Sarnofff. Thank you. Commissioner Spence -Jones: Do you want me to respond to him? Looks like everybody's busy. Chair Sarnofff. I'm going to take it if we have a quorum. Commissioner Spence -Jones: OK. First of all, I want to acknowledge Alan Morley -- I don't know where he is. I'm sure he's somewhere running around the building -- in his leadership to jump on this issue. This issue was birthed out of an issue that the businesses were having in Liberty City. Many of them, as you know, their air conditioners had been stolen for the copper or -- either the air conditioners or the copper was stolen out of them and creating serious hardship and Alan -- Mr. Morley and Christine from MLK (Martin Luther King) -- and I don't know if you want to put anything on the record, Christine. I think you should if you have somebody from the public making a statement on this -- that you came to Alan to try to figure out what needed to be done. There were several meetings that actually took place. MLKEDC (Martin Luther King Economic Development Corporation) has been supportive, because they actually stepped up to the plate. And while I do recognize that Leroy Jones does a lot of work in our district already, he does have a lot going on. So the recommendation from Alan -- I believe also the Mayor worked along with this to make this happen -- felt it was something that was really, really needed. So this is a special pilot program. It's not a program that's going to last forever, but it's really here to kind of meet the needs of the businesses. So we support Leroy 100 percent. Leroy is very busy. We just need to have somebody really focused on addressing these issues. I did have issues with the item in the beginning, because there were key things that were not in the language. We were not -- our office was not involved in it, but I want to thank my chief of staff. I understand that he sat down and went through the key issues to make sure that it was included in the legislation. So that's why it's back before you today. Not saying anything negative about Leroy. I just want to make sure that's clear. I'm just saying that this is a pilot program, and many of the businesses here have received support from Leroy already, but this is a special program that's addressing key issues. I hope I said it properly. Christine. Chair Sarnofff. You're recognized for the record. Christine King: Good morning. I am Christine King, the president and CEO (Chief Executive Officer) of the Martin Luther King Economic Development Corporation. Thank you, Commissioner Spence -Jones. Chair Sarnofff. Give us your address. I apologize, but just give us your address. City of Miami Page 21 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Ms. King: 6114 Northwest 7th Avenue. As Commissioner Spence -Jones said, the businesses that are affected that are identified for this resolution were multiple thefts; AC (air conditioning) units and copper wire theft, and we held a meeting. The replacement multiple times of the AC units caused hardships to the small businesses in the area, and the financial hardship that was caused upon us was such that our businesses were threatened in going out of business. It is very difficult to have to replace AC units at thousands of dollars multiple times. We met -- the small businesses, with the Mayor, with the police chief to come up with a strategy to prevent the thefts, and this pilot program was borne out of the necessity from the thefts going on. Chair Sarnoff Thank you. Anyone else wishing to speak on PH.1 ? You're recognized for the record, sir. Raymond Levy: Yes. I'm Raymond Levy, a local business owner in the EDC (Economic Development Corporation) Building. Chair Sarnoff I apologize. Commissioner Spence -Jones: Can't hear you really well. Chair Sarnoff She's just going to ask for your address and l'm going to do it for her. Mr. Levy: Same address in the EDC Building. I think part of the problem is that you have two here problems: One with EDC, itself. Now, it is like having a bathroom inside of a house, and you fix up the bathroom, but the whole house is falling apart. So what's happening is EDC's affecting the local businesses, because they can't upkeep their building. It's affecting us directly. You know, I'm in health care. I'm just providing adequate health care. The same way you would like to go to your doctor's office and feel comfortable with sitting in there, and not having the roof leak, rodent problems, all those different things that directly affect the business on top of the AC problem, as well. So it's multiple things that are happening. So I'd just like to see twofold, something happen with the EDC where they get funding on that, and the local business in that building, they're directly affected by it, as well. Chair Sarnoff The EDC is what, sir? Mr. Levy: The Economical Development? Commissioner Spence -Jones: Yes. Mr. Levy: Liberty City EDC. That's Christine. Chair Sarnoff Thank you. Mr. Levy: Thank you. Chair Sarnoff Anyone else wishing to speak on PH.1 ? You're recognized for the record, ma'am. Juanita Walker: I'm Juanita Walker. I'm the owner of Sheyes Learning Center at 6043 Northwest 6th Court, and l just wanted to just add to what she was saying, that we were hit several times, AC units, as well as copper wire, and it's causing such a big, big hardship. I actually employ 54 people within the inner city, and taking the monies away from the salaries in order to replace this is just causing a great, great hardship. So we would appreciate it, whatever you can do to help us out and keep our employees employed, keep our businesses up front and going the way that it should be going. We really do appreciate it, and thank you. City of Miami Page 22 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoft Thank you. Yes, ma'am, you're recognized for the record. Rashida Campbell: Hi. Rashida Campbell. I'm with Girl Power, 6015 Northwest 7th Avenue. Well, besides the financial hardship, we provide programming and services for girls in the Liberty City, Overtown and Little Haiti area. And for us, the biggest part is not being able to provide services for our girls. We were hit several times, not only for AC, but for copper wire, like directly from the light pole. We were out of power several days. We had the news to come, and we got the copper wire replaced to restore electricity, and then the very next day, we were hit again. So we were put out of business basically; nowhere for these girls to come. We have court -mandated programs for our girls, you know, just to keep them off the street. And they were displaced for almost two weeks because of these incidences. And, of course, the employees; us having to delay being paid, because we have to replace this, and have to replace that, because of these thieves. And we just need some help with that, definitely, to prevent -- Our neighborhood resource officers, they do try to do the best that they can, but, of course, copper wire over a shooting, they have to attend to a shooting. So if we can just get some help where we can. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on PH.1 ? The public hearing is now closed. Coming back to this Commission. Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones, second by Commissioner Gort. Any discussion? Commissioner Spence -Jones: I just want to thank the businesses. I just love to see businesses stand up and come in chambers, and talk about what their issues are. As, you know, many of them stated, one of the biggest issues I'm having in my district, not just for the businesses, just in general, you know, there is a serious copper wire issue, you know, and many of these businesses already struggle to survive, and then now, they have this issue to deal with. So I want to thank George Mensah for coming up with this innovative pilot program to address the issue, and want to thank MLKEDC for stepping up to the plate. I know this is really -- a lot of it is not really their realm, but many of the businesses knock on their doors, because they needed immediate help, and they were able to receive it. So I just wanted to acknowledge them. And I'm assuming that this is going to be a fast track project; correct, George? Mr. Mensah: Yes. Commissioner Spence -Jones: Fast track. So all of the hoops and loops that they normally have to jump through, you've already streamlined the process, correct? Mr. Mensah: That's correct, Commissioner. Commissioner Spence -Jones: All right. Chair Sarnoff Commissioner Gort. Vice Chair Gort: I'd like to find out what are we doing. I understand there's several -- let's vote on this first. Let's vote on this first. Chair Sarnoff All right. Hearing no further discussion, all in favor, please say "aye.' The Commission (Collectively): Aye. City of Miami Page 23 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff PH.2. Vice Chair Gort: Before we go to PH.2 -- Chair Sarnoff Yes, sir, you're recognized for the record. Vice Chair Gort: Chief I know the County Commissioner passed an ordinance that we -- I believe we did so, also -- to try to regulate the places where they buy this copper, because this is getting to be a problem throughout the whole City. I mean, a lot of people don't realize these small businesses, they get affected by this. I mean, it's a hardship on them. Going into business, the way businesses are right now, especially for small businesses, they don't have the capital, the reserve, so any additional expense out of the budget creates a problem. Chief Orosa: Correct. Chief Manny Orosa, Miami Police Department. Commissioner, you're absolutely right. We have a couple of laws in the books that we enforce. We go and we do inspections of these places. However, specifically for these group of individuals, the entire air conditioning was stolen. In the MLKEDC, they took a couple of ten -ton units off the roof which is difficult to do, to say the least. So that is -- Vice Chair Gort: They need a crane to do that. Chief Orosa: Exactly. Chair Sarnoff Don't you need a crane for that? Chief Orosa: Exactly. Commissioner Spence -Jones: They probably were dissembling it as they went, so it's probably pieces of it at a time. Chief Orosa: It could be. So I don't think those are going to wind up in the copper wire salvage business. Those are going to be probably sold to some used air conditioning dealer. Commissioner Spence -Jones: Andl want to thank the Chief because the Chief I know he stepped up to the plate and went out there several times to these businesses to try to find solutions. I mean, George's focus was giving them some, you know, financial relief but Chiefs focus was to make sure that they had more visibility. Andl do know that -- I have heard that there has been an increase. I think you created a beat because of it, so I want to acknowledge your support for really giving them the extra eyes on the streets that's necessary. Andl think the problems are actually ceasing now because of the fact that you have done that. Chief Orosa: Looking as the businesses are growing on the 7th Avenue corridor, I decided some time ago to put a beat officer there, just to make sure that that business district can thrive, and we can get more businesses to open stores there. Commissioner Spence -Jones: Thank you, Chief. Vice Chair Gort: Thank you. Chair Sarnoff Before you go, wait, wait. To make me feel good, andl think, the other Commissioners feel good, tell me there's a plan, a strategy in place that the new air conditioners are not going to become -- a year from now, we're going to be devoting another $130, 000. Chief Orosa: The air conditioners are coming with cages. City of Miami Page 24 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 PH.2 13-00463 Department of Community and Economic Development Chair Sarnoff Okay. Chief Orosa: That it's going to be more difficult for them to take away the air conditioning, because they would have to basically open up a steel cage in order to get to the AC units. Chair Sarnoff But not impossible. So you're going to at least have patrol look up there, so that the time it does take to get through a cage -- Chief Orosa: We met several times. I even went out to the location a couple of times, and our people are aware that when they do their drive-bys, they need to be looking up and towards cranes, and stuff of that nature to make sure that this doesn't repeat itself. Chair Sarnoff Okay. Thank you, Chief. Chief Orosa: You're welcome. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("CDBG") IN THE AMOUNT OF $420,000, FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT TO WYNWOOD BREWING COMPANY LLC, FOR JOB CREATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00463 Summary Form.pdf 13-00463 Notice to the Public.pdf 13-00463 Letter - Wynwood Brewing Company LLC.pdf 13-00463 WBC Equipment (05-23-13).pdf 13-00463 Pre-Legislation.pdf 13-00463 Legislation (Version 2).pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0195 Chair Sarnoff All right, PH.3. Commissioner Spence -Jones: I think we've lost quorum. Nicole N. Ewan (Assistant City Clerk): Chair, we've lost the quorum. Chair Sarnoff Oh, I'm sorry, PH.2. You're right. I apologize. We did -- Commissioner Spence -Jones: OK, we've got a quorum. Chair Sarnoff PH.2. George Mensah (Director, Community Development): PH.2 is a resolution allocating a loan in City of Miami Page 25 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 the amount of $420, 000 from CDBG (Community Development Block Grant) funds to Wynwood Brewing Company. This is a loan that would be payable in five years, and the loan will have all the protection available to the City by law, including mortgages and personal guarantees -- Chair Sarnoff Okay. Mr. Mensah: -- in UCC-1 (Uniform Commercial Code). Chair Sarnoff. Let's have a motion to approve and let's go to the public hearing. Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff. Motion by Commissioner Suarez, second by Commissioner Spence -Jones. The public hearing is now open. Mr. Cruz, you are again recognized for the record. Mariano Cruz: Like I say -- Mariano Cruz, 1227 Northwest 26th Street, to be a public hearing. Where is this limited liability corporation going to be located? It say Wynwood, but it's actually in Wynwood? Where it's located? What is the address of that place? Unidentified Speaker: I believe District 5. Commissioner Spence -Jones: It's in Wynwood. Mr. Cruz: Okay. No, because, you know, asking is good, because, see, in Allapattah, there are businesses that they don't have job creation. They been losing jobs there, like Access Tool, 17 and 28. They got to close the manufacturing job of tow trucks, because the banks -- the Ford Motor Company don't give finance. The bank, with all the money they get -- you see all the Chase, Chase, big building banks all over the place, but they don't lend money to finance the trucks. So Tony Virgil of Access Tool had to lay off people. Manufacturing jobs there. You know where, Willy, close to 17 and 28. Andl wonder, I wonder, is it here job creation? But we need to keep the companies that actually get jobs that add value, add value, because they -- he gets a truck from Ford Motor, from Palmetto Ford, and put the equipment, and make a tow truck, it's add value, and add value thing. And it was -- it was a lot of people were working there in manufacturing, and now, they lay off. So that's what -- we tgot to worry about that, because I know this is good, because I know they building on there on 39th Street, because the other day, I went to our meeting in Buena Vista Post Office, and the postal is working nighttime at 1 Avenue and 39th Street, building there in the design district. So that's good. That's good. I am -- all that for job creation, because when you got a job, and your bills are paid, and you change your time for money, it's very important, very important in life. Thank you. Chair Sarnoff. Thank you. Anyone else wishing to be heard on PH.3? PH.3, please step up. Hearing none, seeing none, the public hearing is now closed. Coming back to this Commission, any discussion? Commissioner Suarez: Mr. Chair. Chair Sarnoff. You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. You know, I've always -- economic development is kind of a nebulous concept when it comes to government being a stimulant of economic development, and this, for me, is kind of like an experiment in as far as what we can do, and hopefully, it's a successful one. I'm hoping that you guys are able to use this successfully, because it could be a model for what we do with other businesses that are trying to start City of Miami Page 26 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 something different and new in the City of Miami. It's something -- I'm a skeptic, I would have to say, you know, naturally. I'm very much a skeptic on these kinds of issues, but I'm willing to take a chance as, you know, I have on other occasions throughout my time where I've been kind of skeptical of things, but I've been willing to step out of my comfort level. One thing do have an issue with -- and it's not really related to this item. It's a little bit more related to the item before -- is that, you know, when we had the last Commission meeting, where we were de -allocating $900, 000, we were -- I mentioned at that Commission meeting, "Are you going to come back with a spending plan? Are you going to talk to us about how you're going to spend that money?" And you said, "yes." And what happened was we just got like a piece of paper in front of us that said this is how we 're going to spend the money, instead of a collaborative effort with the Commissioners to see what are our economic development priorities in our districts, so that we could allocate the funding and the money in a more judicious manner. And that's kind of the issue that I have with it. So it's not really with this item, per se. It's just generally speaking, I was -- I wanted to talk to you about it in private, but we didn't get a chance to do it before the Commission meeting, but I support this item. I'm hopeful that you're successful, and hoping that this is something that we can replicate, because I think there -- We can do it in the technology industry, as well, Mr. Chairman. We can get technology startups here that we can fund, and there's a lot in the Wynwood design district area that think need a little bit of help. But we could be sort of a venture capitalist as a government, andl think we should strive to be that way, and be more innovative than what we are right now. Chair Sarnoff Thank you. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff Let me go to Gort. Then I'll go to Spence -Jones. Vice Chair Gort: What's the total? It's $900, 000, right; the total funding for these type of projects? Mr. Mensah: The total fund I believe it's about $1.2 million. Let me get the records. Vice Chair Gort: One point two. Commissioner Suarez: That's the other reason why I was in favor of it, because of how much skin they have in the game. Commissioner Spence -Jones: Yeah. Vice Chair Gort: My problem is you (UNINTELLIGIBLE) to come back and try to come up with certain guidelines, and criteria and so on. I have a lot of businesses within the Allapattah area. They're manufacturing. They need to borrow funds, because the banks right now are not allowing the -- they're not giving the monies to them, and they're very tight in funding things. And we have people that can create jobs, and we were told there was no money in there. So we didn't apply for any of this funding. But we have people within Allapattah that can apply for this type of funding. Mr. Mensah: Commissioner, as we discussed when I met with you, I went to the staff andl asked them that if they had anyone that needs loan, they can always come to us. There's an application that's available which they can apply, and then we'll look at it, and as you know, it's always based on availability of funds. These funds became available just last -- two weeks ago when we de -obligated the $948, 000. We will continue to de -obligate funding, and that's the reason why I said this, you know. Any project that's not moving forward will be de -obligated. And so we will get additional funding as we move forward. City of Miami Page 27 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Vice Chair Gort: George, I commend you. I think your office has been excellent in bringing new projects, and this, when I looked at it, I read it. It's going to be a tough one. It's a very unique business. The expense just in rent and insurance is going to be at least -- just in debt service, I think it's going to be about $8,000 a month. Mr. Mensah: Yes. Vice Chair Gort: So their productions are going to have to be very optimistic, andl hope they can make it, but we're taking a chance. Chair Sarnoff. Commissioner Spence -Jones. Commissioner Spence -Jones: First of all, I want to commend George Mensah and also just commend Suarez for his leadership and thoughts on this issue. I, like you, think that, you know, we do have to think outside of the box. We do have to, you know, come up with creative, innovative ways to attract things to our communities, our neighborhoods, and this is just one of the five projects that I think has the ability to do that. Yes, is it different? Of course. I happened to visit -- in the midst of Harlem, they have a Harlem Brewery; same thing. And it's amazing to see what it's actually doing in the heart of Harlem. And to have a signature product that's going to be coming out of the area called the Wynwood Brewers, a beer that's named after Wynwood, I think that that's awesome. It creates a wonderful attraction to the area. I know that the folks in the Wynwood area, the Wynwood arts area, they're extremely excited about it. They've had several promotional events in the area, and they have participated in it. So, I mean, again, yes, it is different, but the biggest part that I liked about this project is the fact that we 're talking about a minimum of 12 jobs coming to the area, and I think that that's really what, you know, attracted me to the project, and that is the reason why I support it. So.. Vice Chair Gort: Can we amend this so anything that take place in Wynwood, they will have to buy that beer? That would help. Chair Sarnoff Let me just say that echo the comments of Commissioner Suarez. I won't repeat them. I always wonder what government's role is, and while I am a proponent sometimes of no interest loans, I have to go with Commissioner Gort, who says this is one -- I think what he was saying -- very leverage business venture that in order to have your debt service handled would have to bring in the better part of about $14,000 a month to return a profit and pay for the things that you suggest he's going to have to pay for. That's a huge nut to crack every month. So I don't think we should go in there with our eyes closed, or, for that matter, the business guys, because doing 14,000 a month is a lot of business. But it's a good idea. It's a leap offaith. I'll take the leap offaith with -- as far as I'll say. But Gort's right. This is a heavy leverage business. Commissioner Suarez: And let me just dovetail a little bit off what you're saying, and this goes to a frustration we all feel in government, is we're given money --in this case, by the federal government -- and we're told, "You have to spend it in this fashion." Okay? It may not be the fashion that we would like to spend the money in but -- and we fought -- you know, we've gone up to Washington several years consecutively to try to get more flexibility with the funds that they give us. Unfortunately -- and there are other worthy -- by the way, there are other worthy uses for this money, and that's why I wanted to talk to you, you know, in terms of needs in my district, because I know there are roads, and we've talked about roads in CDBG (Community Development Block Grant) eligible areas, and sidewalks that could benefit from this money. And I know there's still some unallocated funds, soI would really, really appreciate it ifyou come talk to me, because that never happened before you made some of these allocations, and that, to me, is problematic, because I specifically asked you at that Commission meeting, you know, to please come to us with whatever your spending plan was going to be and then, you know, we could talk about it. But in any event, I'm going to take the leap offaith with the Chairman, and hopefully, City of Miami Page 28 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 you guys will be successful, and it will be an investment that we are very thankful for making. Chair Sarnoff All right. Having heard from everyone, all in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff PH (Public Hearing) -- Vice Chair Gort: Good luck to you all. Good luck. Commissioner Spence -Jones: Good luck. PH.3 RESOLUTION 13-00492 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE EMERGENCY UTILITIES PILOT Economic PROGRAM, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND Development INCORPORATED; AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $5,000, FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DISTRICT 3 CDBG RESERVE ACCOUNT TO PROVIDE EMERGENCY UTILITY ASSISTANCE TO QUALIFIED RESIDENTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-00492 Summary Form.pdf 13-00492 Notice to the Public.pdf 13-00492 Legislation.pdf 13-00492 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PH.3 was deferred to the June 13, 2013 Commission Meeting. PH.4 RESOLUTION 13-00526 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION TO THE EXISTING MAINTENANCE AND SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MORPHOTRAK, INC., FOR THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AND OMNITRAK SYSTEM, FOR THE DEPARTMENT OF POLICE, FORA TERM OF TWO (2) YEARS, WITH AN OPTION TO RENEW FOR AN ADDITIONAL ONE (1) YEAR PERIOD, PAYABLE IN ANNUAL INSTALLMENTS, WITH THE FIRST YEARS PAYMENT City of Miami Page 29 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 IN AN AMOUNT NOT TO EXCEED $30,144.56 AND ANNUAL PAYMENTS THEREAFTER, SUBJECT TO A FIVE PERCENT (5%) ANNUAL INCREASE; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE ACCOUNT NO. 00001.191001.546000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 13-00526 Summary Form.pdf 13-00526 Memo -Automated Fingerprint Identification.pdf 13-00526 Memo - Finding of Sole Source.pdf 13-00526 Letter - Safran MorphoTrak.pdf 13-00526 Notice to the Public.pdf 13-00526 Legislati on. pdf 13-00526 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0196 Chair Sarnoff PH.4. Commissioner Spence -Jones: That's (UNINTELLIGIBLE). Manuel Orosa (Chief of Police): Commissioners, this is an extension to the maintenance agreement to our fingerprinting machine, and it's -- of course, it's a sole source because it's Morphotrak, and they only make that machine. So it's for two years at a cost of -- not exceeding $30,144.56. Commissioner Suarez: Move it for discussion. Chair Sarnoff Madam City Clerk, that was, of course, Manuel Orosa, Chief of Police, for the City ofMiami. Chief Orosa: Sorry. Chair Sarnoff That's all right. All right, public -- Vice Chair Gort: Second. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Gort. Mr. Cruz, you're recognized for the record. The public hearing is now open. Mariano Cruz: Public hearing. Mariano Cruz, 1227 26th Street. Even, like I say, ifI don't pay taxes to the City, I am still a resident of the City, andl wonder, in the thing of the -- the Police Department, for many years, have had problems hiring a latent print examiner, right? I think now you did take care of the latent print examiner now to be there to working? Becausee -- Chief Orosa: Yes. Mr. Cruz: -- that was a big -- for many years, I know people that retired were hired on a contract basis to take care of that. Chief Orosa: Correct. City ofMiami Page 30 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Cruz: Okay. So I think now they take care. It is very important, because it doesn't make anything when you arrest the people if you cannot prove, you don't have the evidence in court. You need the evidence in court, okay, and that's the fingerprint and the NDA [sic] (deoxyribose nucleic acid) and everything he's doing now. I am glad to see this here. I am for that. Thank you. Chair Sarnoff Anyone else wishing to be heard on PH.4? PH.4, please step up. Public hearing is now closed. Coming back to this Commission, any discussion? Commissioner Suarez: Yeah. Chair Sarnoff You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Just one quick thing, Mr. Manager. You know, you andl have talked about the tendency of our public safety department to sole source a lot of contracts, and l just wanted to -- I'm going to support this, you know, on the basis of the Chiefs statements, but I just want to get on the record your understanding that the public safety departments are continually on every Commission meeting sole -sourcing contracts. Chief Orosa: I am aware of that. I think the next two items are also -- require four fifths sole source. Commissioner Suarez: Exactly, exactly. So I just wanted to put that on the record. Thank you. Chief Orosa: Yes, sir. Chair Sarnoff All right. Any further discussion? Hearing none, all in favor, please say "aye. " The Commission (Collectively): Aye. PH.5 RESOLUTION 13-00528 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS), AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE PROCUREMENT OF MOTOROLA MC75A SEMI -RUGGED POCKET COMPUTERS, WITH EMTRACK MOBILE SOFTWARE, FROM INTERMEDIX EMSYSTEMS, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $252,335.00; ALLOCATING SAID FUNDS FROM THE URBAN AREA SECURITY INITIATIVES GRANT YEAR 2010, ACCOUNT CODE (PTAEO) 18-180026-01.06.07-1839-EQUIPMENT-189000. 13-00528 Summary Form.pdf 13-00528 Memo - Motorola MC75A Semi -Rugged. pdf 13-00528 Memo - Sole Source Finding.pdf 13-00528 Notice to the Public.pdf 13-00528 lntermedix Emsystems.pdf 13-00528 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 31 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0190 Chair Sarnoff PH.5. Reginald Duren: Deputy Fire Chief Reggie Duren. PH.5 is a resolution approving the City Manager's sole source finding authorizing procurement of -- Commissioner Suarez: Move it. Chair Sarnoff We have a motion by Commissioner Suarez. Commissioner Spence -Jones: Second. Chair Sarnoff Second by Commissioner Spence -Jones. Public hearing. Anyone wishing to be heard on PH.5, PH. 5? Hearing none, seeing none, coming back to this Commission. The public hearing is now closed. Any discussion? Commissioner Suarez: Same comments as the last item. Chair Sarnoff Anyone else wishing to discuss this? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. PH.6 RESOLUTION 13-00530 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF THE GUARDIAN SAFETY AND SURVIVAL SYSTEM SIMULATOR, FROM QUINWALD ENTERPRISES D/B/A PERSONAL PROTECTION EQUIPMENT SPECIALISTS, INC., THE SOLE SOURCE PROVIDER, INATOTALAMOUNT NOT TO EXCEED $203,637.71; ALLOCATING FUNDS FROM THE URBAN AREA SECURITY INITIATIVE ACCOUNT CODE NUMBER 18- 180026 - 01.06.07 - 1839 - EQUIPMENT - 189000. 13-00530 Summary Form.pdf 13-00530 Memo - Guardian Safety & Survival System.pdf 13-00530 Memo - Request Sole Source Finding.pdf 13-00530 Notice to the Public.pdf 13-00530 iProcurement - Requisitions.pdf 13-00530 Quote.pdf 13-00530 Justification Letter.pdf 13-00530 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 32 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0191 Chair Sarnoff PH.6. Reginald Duren (Assistant Chief of Fire): Sir, PH.6 is a resolution of -- Commissioner Suarez: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by -- it's a great presentation by the way. Assistant Chief Duren: Thank you, sir. Chair Sarnoff We have a motion by Commissioner Suarez, second by Commissioner Spence -Jones. It is a public hearing on PH.6. Anyone wishing to be heard on PH.6, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Suarez adopts his comments from his previous two votes. Commissioner Suarez: Thank you. Chair Sarnoff Any further discussion? Hearing none, all in favor, please say "aye. The Commission (Collectively): Aye. PH.7 RESOLUTION 13-00531 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDAAS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF GRANTS ADMINISTRATION, FINANCIAL LITERACY INITIATIVE THAT OPERATION HOPE INC., A FLORIDA NON-PROFIT CORPORATION, IS THE BEST QUALIFIED FIRM TO PROVIDE OVERSIGHT, INSTRUCTION AND STAFFING FOR FINANCIAL EMPOWERMENT, ONE-ON-ONE FINANCIAL COACHING, COMMUNITY WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH THE CITI FOUNDATION GRANT FOR FINANCIAL EMPOWERMENT COACHING; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $140,000, FORA PERIOD COMMENCING JUNE, 1, 2013 THROUGH JULY, 31, 2014, WITH THE OPTIONS TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS, UNDER THE SAME TERMS AND CONDITIONS; ALLOCATING SAID FUNDS FROM THE SPECIAL REVENUE PROJECT ENTITLED:"FINANCIAL EMPOWERING COACHING." City of Miami Page 33 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 13-00531 Summary Form.pdf 13-00531 Memo - Operation Hope, Inc.pdf 13-00531 Notice to the Public.pdf 13-00531 Detail by Entity Name.pdf 13-00531 History & Mission.pdf 13-00531 Legislation.pdf 13-00531 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0197 Note for the Record: Please see Item RE. 6 for minutes referencing item PH.7. Chair Sarnofff. RE.7. Commissioner Suarez: PH.7. Chair Sarnofff. I'm sorry. PH.7. PH.7. So is there a motion? Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnofff. Motion by Commissioner Spence -Jones [sic], second by Commissioner Gort[sic]. Any discussion? Commissioner Spence -Jones: I just want to put on the record -- and again, I kind of expressed this to the Manager and Assistant City Manager during my meeting. I do think that it's important for us to communicate or at least put together information that the public can, you know, know about the project and know what it is. Operation Hope, for those of you that don't know it, was started by John Hope Bryant, and he's a brilliant man in the area of finance and empowerment. We happened to go visit one of his centers in New York -- excuse me -- in D.C. (District of Columbia) and in Atlanta at the MLK (Martin Luther King) Historic District, so he's doing some wonderful things with empowering people. My concern was, I don't know how the residents know about it or how they find out about it, andl think that we probably need to do a much better job with promoting the service that we offer. I asked for, because I did not have, a listing of you know, where this program is operating, and how are you guys delivering the services, and I did get those from my chief of staff, so I'm clear on those. But I just think that whatever you need to do, you need to put together promotional fees or something so that people understand that we offer this service for all the districts. William Porro (Special Projects Administrator, Grant Administration): I agree. Thank you. Chair Sarnofff. All right. All in favor, please say "aye.' The Commission (Collectively): Aye. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading City of Miami Page 34 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 13-00520 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 40, ARTICLE IV, DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, David Sarnoff FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, MORE PARTICULARLY BY AMENDING SECTION 40-255(M), TO EXCLUDE THE APPOINTED CHARTER POSITIONS OF CITY MANAGER, CITY ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK FROM PENSION FORFEITURE PROVISIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00520 Memo - City Clerk.pdf 13-00520 Memo - Mayor.pdf Motion by Chair Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Noes: 2 - Commissioner(s) Carollo and Suarez 13381 Chair Sarnoff. SR. 2. Commissioner Spence -Jones: SR.2. Julie O. Bru (City Attorney): This is an amendment to the City's pension ordinance that, Mr. Chairman, I think you sponsored. Commissioner Carollo: SR.1 ? Chair Sarnoff. SR. 2. Ms. Bru: Oh, I'm sorry -- Commissioner Spence -Jones: We're not doing SR.1? Chair Sarnoff. SR.1, SR.1. I apologize. SR.1. Ms. Bru: Right, right. Chair Sarnoff. Right. All right. SR.1 is mine, actually, so I guess I should put it on. Let me try to describe what this is one more time and do it in a way that maybe it would even satisfy the Miami Herald, although that's a tough chore. We have four statutory positions. Two of them, I will tell you absolutely are what I call "gray hair positions, " people of experience. One is the City Manager. One is the City Attorney. Carollo would probably tell me equally is the Auditor General. You could argue even the Clerk, although I think the Clerk is a little slightly different. It is my humble opinion in those four statutory positions that we be authorized to look at applicants who are City employees who have retired. Now, the City -- before I got here or before anyone else got here, the Commissioners have a mechanism in play that can take retired City employees, and those employees can work in their office and receive their pension benefits. I guess the theory behind that was that you could -- we don't pay that much to our employees as comparison to the rest of the City ofMiami. In this circumstance, the four statutory positions are our positions, meaning we set the salaries, we set the incidents, or as people like to say, the accoutrements of the people who work here, how much -- do they get a retirement benefit? How much will they earn? Do they get a car allowance? Everything you would think commensurate City ofMiami Page 35 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 with compensation. So we are the gatekeeper as to whether that person or persons could be in that statutory position. I said it before, I'll say it again: I absolutely agree with the Manager's position that he has taken. If you retire, you retired; you retire from the City ofMiami, and you don't come back. I just digress with him on one issue, and that is the issue of the statutory positions. I think in order to be a good City Manager, you had to have managed something for a long, long time. I think to be a good City Attorney you had to be an attorney for a period of time, acquiring a body of knowledge. As a matter of fact, they don't call it "the perfection of law," but they call it "the practice of law," because the more you practice it, the better you get at it, the body of knowledge you create. So some people said, including the Herald, that this is nothing more than a double recovery. Well, it's only a double recovery -- Vice Chair Gort: If you hired them. Chair Sarnoff -- if we allow it to be a double recovery. So if you're interested in an applicant who has retired from the City ofMiami, and you see that that applicant -- and by the way, just use a hypothetical. Let's say that person retired with a -- I'll use very round numbers -- $100, 000 retirement. That's their income from the pension. And let's say you think the City Attorney is worth $200, 000; just round numbers. Well, you could offer that person a job at $100, 000, saving $100, 000, maybe putting it to police, maybe putting it to other issues you think that are important in the general fund. But the gatekeeper is here. We are the people that determine what that salary should be. If you don't think that person should get a pension or should get any type of -- we usually do 401 -- I think it's 401 -- I'll call it 401(k), but I know it's the 401(g) something. Then don't give them any kind of retirement benefits. That's something we do, unless we're statutorily mandated to do something. So, really, all you're doing is creating a pool of applicants from the City ofMiami who have gained a body of knowledge, who have gained a certain experience level that wishes to apply for one of the four statutory positions. How we compensate that person, and if you want to blame somebody, blame us. But we actually could have a savings if we chose to, and if that person was so interested in that job and so desirous of serving that they decided, `I think the market value of that position is $200, 000, but since I'm already receiving a benefit from the City ofMiami for my pension of 100, I would accept $100, 000. " That's the long and that is the short of it. And I would remind you that that person who is coming here to become a part of that applicant will receive that $100, 000, whether they are working here, or if they're in the Bahamas sunning themselves. They will still get that $100, 000. For some reason, I cannot convince the Miami Herald of that statement. They will get that compensation because that was an incident of their compensation package when they came here to go to work for the City ofMiami. And this, you know, there isn't much more to this than that. So if you think we're going to double compensate, if you think we're wrong for doing it, it's us that would be wrong when we set the salary incident to that person. So that is my -- I'll make the motion to approve it. Commissioner Spence -Jones: Second. Discussion. Vice Chair Gort: There's a motion and there's a second, for discussion. I'll open the public hearing first, and then we'll close the public hearing. Is there anyone in the public that would like to address this issue? Commissioner Spence -Jones: Is this the public -- it's not a -- is this a public? Okay, okay. Grace Solares: Good morning. My name is Grace Solares. Miami Neighborhoods United objects vehemently to this legislation. I understand your rationale, Mr. Chairman, but doubt that ifMr. Warren Bittner makes right now $228, 000, he's going to come and work for $200, 000. Mr. Bittner will actually walk out of this office in September with a check for $684,000. I do understand that it will be your mistake, your mistake, but it will be my money that you will be utilizing to make the mistake; my money and the taxpayers' of the City ofMiami. Don't make that mistake. I heard -- I was not here at the last time, but I heard the comments made by you City ofMiami Page 36 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 and Commissioner Spence -Jones, particularly Commissioner Spence -Jones, when she said, "It's nice to have somebody in place that has the knowledge of contracts in the past, so that if they come up and we need his expertise, it's nice to have that." That is true. But you can have that without giving him a full-time job for $390, 000, which is the salary right now that Ms. Bru is getting. If she were to come back -- no, you're getting -- I know you're getting 228. I know, but I'm just making -- I'm just making a comparison. You can get Warren Bittner in here to come and tell you, "Oh, by the way, yes, we have a problem with the issue of the contract with the Marlins," or "We have an issue with the contract with the tunnel." You can get him back as a consultant. The 440 -- 241 -- 40-241 gives you the ability to do that, to bring him back without any problems, without amending, any, any part of the code. This is not, in my opinion a legislation for to save us money, it is not. It is a legislation to implement a favoritism for a particular individual. So because there are only two attorneys in the DROP (Deferred Retirement Option Plan) coming up in September -- that is Maria Chiaro and Warren Bittner -- those are the only two coming up in the -- if they weren't favoritism, very close to it. I suggest to you that you do not do this. You can have your cake and eat it too by hiring these people as consultants and not paying them a salary. They'll be happy to come back. These people will have a great job in the private sector with the experience that they have here. They will make more than $200, 000 at any Greenberg Traurig; Stearns Weaver, whom they've been dealing with all of the time in here. This should not pass. Please do not vote for it. Unidentified Speaker: Mr. Chair. Chair Sarnofff. I just want to correct the record on one thing. Whoever Mr. Bittner, Ms. Bru, Ms. Whoever -- Ms. Chiaro -- Mr. Smith goes to Washington, those folks will get their compensation regardless of whether we pass this legislation. They will cash out their contractually binding services from the City ofMiami come hell or high water, and there's nothing this Commission can do unless it would like to be sued. So let's assume for the fact the numbers Ms. Solares provided us are dead accurate. He will get his $600, 000, because long before any of us got here, there were systems in place that allowed people to really accrue what call their sick time. I happen not to agree with it. Whenever we've had a statutory position, we've been very strict in terms of what the person can accrue, in terms of time off vacation, et cetera. So the proposition that we can change that is not a fair proposition. Now, the proposition that we can offset that, I still say to you categorically, we set the City Attorney's salary, period. End of report. Should we choose to hire somebody at $45, 000 a year, we certainly could, and as Ms. Bru would tell us, "You'll get what you pay for." But we could do that. And we could choose, unless Ms. Bru tells me I'm wrong, not to provide that person any type of retirement benefit. We could choose to do that. And you know what we have done in the past couple of years? We've been pretty hard on our statutory positions. You've negotiated one, Commissioner Suarez. Commissioner Carollo has negotiated another one. So to say that we haven't been good stewards or gatekeepers is really not the evidence before you. Right. Okay. So the representation that they're going to get this money, they're going to get it whether we vote for this. They're going to get this money whether we don't vote for this. I'm just suggesting to you -- and by the way, the fact that I'm bringing this up -- andl say this categorically to Ms. Bru, and I'll say this categorically to my fellow Commissioners -- it isn't because I would support Mr. Bittner for City Attorney. Would like to see him be in the pool? Yes. Am I going to support him? I really want to hear what the committee has to say, to be candid with you. They're the ones that are going to be interviewing. I happen to know the two candidates. I like the both candidates. I think they both do pretty fine work. Having said that, I simply don't want to cut our nose off -- and let me change it for a moment, because let's talk about the next City Manager. Andl hope you stay for a period of time, Mr. Manager, but the next City Manager -- right -- should have a little bit of gray hair, should have managed something, should have made some good decisions and made some bad decisions, because you'll never learn from what you did right in your good decisions, but you will know what you did wrong in your bad decisions. And just like after every meeting, you andl sit and talk about what I said right up here and what I said wrong, and how I should have handled things differently, it is in the best of faith that you try to make me a better Chair, Mr. City ofMiami Page 37 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Manager, and it is in the best of faith that I say to you how I thought you could have been a better Manager representing things. It takes experience to be up here. And if you all think you're as good a City Commissioner as you were the day you got up here versus where you are today, it took experience to learn this dais. It took experience to learn this system. I'm better today than I was the day before as Commissioner, because I've learned that I'm one branch of government, and there are other branches of government that need to interface with ifI want to get a result that I want to get for my community. Thank you, Mr. Chair, for helping me. Vice Chair Gort: OK. Mr. Cruz, you're recognized. Let's finish with the public hearing and then we'll make comments. Mariano Cruz: Okay (UNINTELLIGIBLE). Mariano Cruz, 1227 26th Street. What I have to say on this one thing is for the betterment of the department or whatever, you should promote from within. Nobody get to be CEO (Chief Executive Officer) of Delta Airline that hasn't previously swept the hangars because that way, they know everything. If you got people qualified in your department, it should be promoted because it's good for the department. It's good. And it's nothing better than people know what they have been taught. IfI do work every day, you know, like they are supposed to do. But one other thing. Like I remember telling Shorty Bryson at the County budget hearing, I told him, "Why don't you, Shorty, go and retire and go and play golf or go fishing in the Keys?" I didn't know that Mayor Jimenez had appointed him as the Fire Chief because he want to take care of the business with the union. But then what he did, the right thing. He left. Shorty Bryson left and Downey from the department was promoted chief of the Miami -Dade Fire Department. That's the way it should be. You don't see -- when they got Maurice Kemp here working, they didn't bring anybody from the outside to be fire chief. They got somebody from inside. Promote from within. Remember that, because that's the best way for everybody. Thank you. Vice Chair Gort: Thankyou, Mr. Cruz. Anyone in the public? Yes, ma'am. Judith Sandoval: Good morning, ladies and gentlemen. Judy Sandoval, 2536 Southwest 25th Terrace. I'm coming just as a citizen, as I have always come before this Commission, but it's been more than ten years, and in the past few years, I really was a regular, and knew everybody that was elected and not elected and working for the City, at least the top people. Andl am not speaking about anybody here or anybody in particular who is retiring, but I can tell you that the citizens of this City are delighted with term limits with the Commissioners. And we are -- I mean, it's democracy in operation, and there should be more of that. And many of the other people who have worked for the City in the past -- no one here -- we are so happy to see them go. Andl mean Managers, I mean Attorneys, and the only hope we have is that they will retire, and take this big bundle of money and go to Hawaii, far away. Andl ask you to be sympathetic to the feelings of the general public in these matters, because people get too involved with each other. They make deals, they do this. We have had City Attorneys who lied, who lied, sitting over there as the City Attorney. And we know it, and it really is very bad for the welfare of the City when citizens feel that way. We should have faith in the elected officials and the ones that you appoint. Thank you. Vice Chair Gort: Thankyou. Anyone else? Anyone else? Yes, sir. Charles C. Kline: Chuck Kline. My case -- my office is in downtown Miami, 200 South Biscayne Boulevard. I'd like to speak in favor of this tool that is now being proposed. The one thing I've experienced as a lawyer dealing with government in this City is that our City can't afford to hire really good lawyers, and they have to start at the bottom of the pool. And they get lucky every once in a while because they hire somebody who sticks around and becomes an outstanding lawyer. And then they retire. And they retire, and they go into private practice, and they make twice or three times what they'd make at the City. And you can't hire somebody like that to replace them without paying twice or three times. And this ordinance will give you a tool to City of Miami Page 38 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 allow you to leverage up on the retirement money that the man has accumulated or the woman has accumulated over their years in the City. In my mind, it's insane to tie your hands behind your back and not pass this. I think it's a great idea, and it will help you keep some of the really great lawyers that have stayed the course over the years working for the City and who are otherwise going to go somewhere else. Vice Chair Gort: Thank you, sir. Mr. Kline: Thank you. Vice Chair Gort: Yes. Chair Sarnoff. I just want to respond to a couple things. First off I'm very hard on the City Attorneys. I think you all know I'm a litigator, Julie Bru is a litigator. Vice Chair Gort: Mr. Chairman, allow me to just finish with the public hearing, because I think there's -- is there anyone else? Public hearing is closed. Yes, sir, you're recognized. Chair Sarnoff. I don't come to anyone's defense, and you don't need to come to the defense of lawyers. Lawyers are thick-skinned individuals, andl want you to know that litigators have super -thick skin, because that's who they are. But I have never known Julie Bru to lie up here, andl never knew the person before her to lie up here. I've never seen -- andl don't think it's nice or appropriate for anyone to say the lawyers in the City ofMiami lie. You know, lawyers get it right, lawyers get it wrong. And you know what? It's somebody versus somebody from my experience. I usually have a 50 percent chance of winning. So that means I'm 50/50. And they're just like me. They have a chance of winning and they have a chance of losing. Pretty much, they've done pretty well. And with regard to what was said by -- It was White and Case, right? Mr. Kline? Mr. Kline: Yes, sir. Chair Sarnoff. You know, I couldn't express it any better than Mr. Kline, how it works. How do lawyers grow up? Well, they usually start, if they're lucky, in the DA's (District Attorney) office -- I'm sorry. I can show you my age. -- the State Attorney's Office. But in New Orleans, we called it the DistrictAttorney's Office. If you were fortunate enough to get hired by Kathy Rundle, you got three years of great experience. Sometimes, you'd end up as a Public Defender. Again, three years of great experience. Then, luckily, ifyou're hired by the City ofMiami, you're now making about 50,000 a year while your colleagues are making the better part of about 110 to 120,000 a year. About ten years later, you find yourself making maybe 90 to 95,000 a year while your colleagues are making about two to $250, 000 a year. That's a fact. That's the private sector. Doesn't mean the public sector has to mimic the private sector, but don't kid yourself. City Attorneys in the City ofMiami give up a substantial amount of living ifI simply compare them to the County. The County pays substantially better than the City ofMiami. So anyone who suggests that, somehow, these guys are in a get -rich -quick scheme, it simply isn't true. And there is a market for lawyers, and in that market, they're in the very bottom cortile of that market. Vice Chair Gort: Anyone else, discussion? Commissioner Suarez: Yeah, yeah, go ahead. Vice Chair Gort: Recognize Commissioner Suarez. Commissioner Suarez: Thank you. Where do I start? I have three different perspectives on this as I was listening to the comments of my colleagues and the members of the public. The first is I actually see it the opposite as the Chairman in the sense of what -- he agreed with the Manager's City ofMiami Page 39 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 decision that we shouldn't apply this to the rank and file as they retire. Andl actually see it differently, and him andl have had discussions about it, because I think it could be a tremendous savings to the City ofMiami with our rank and file. So -- andl can give you an example. If we had a police officer that was retiring with an $80, 000 pension, and we're going to lose two to 300 in the next two to three years, and that person's salary was 120, we'd save $40, 000 per officer per year, so we'd be saving $40, 000 times 200, which is $8 million a year. So I think when you apply that to the rank and file, it's actually a tremendous amount of savings for the City ofMiami instead of you know, applying it to these upper echelon employees. So I think there's a fairness issue first of all that we're not going to be doing this with our rank and file employees who may still want to work with the City ofMiami, and it could be a tremendous -- that's just in one department by the way, but we know we're going to lose several hundred employees in the next few years. And him andl have had, you know, disagreements on this, and it's his prerogative. At the end of the day, he's the City Manager and he makes that decision. I think the second concern thatl have is all this talk about, you know, our constitutional officers, I think when we're in the midst of choosing a new constitutional officer, to me, it sends a little bit of a wrong signal about the process that we're engaged in. I think -- we don't know who we're choosing as the next City Attorney. So why are we now talking about, you know, creating flexibility in certain rules so that we can pay in certain ways when we don't know if the person who we choose is going to be the member of the City Attorney, or a County Attorney, or private sector, or where they come from? So I just -- I personally think that having this discussion now sends the wrong message. I have negotiated, and so has Commissioner Carollo, two constitutional officers since I've been here. They have been at significant reductions, and they were difficult negotiations with people that I esteem. Nevertheless, you know, I think we need to prevent ourselves from putting the cart before the proverbial horse. We need to, you know, take one step at a time. And I think -- you know, and that -- the third issue for me is that, you know, even though I agree with what the Chairman is saying, that if this were used properly, that this could actually be a savings to the City ofMiami, even though that kind of contradicts the statement of the attorney from White and Case, because he's saying to leverage the retirement money, if we were to choose someone from the City Attorney's Office, which makes you wonder, if that person was making `X" number of dollars, why does that person need to make `X" plus their retirement to hire a -- quote/unquote -- good attorney? That person's already been hired. They already work at the City Attorney's Office, and they're now going to be having a different role. So they'd been working for a lesser amount of money. We don't need to really leverage their retirement to pay them more money. This is a poor City. The history of governments, unfortunately, in this County and this City have not demonstrated a very positive, you know, a very positive history of hiring people once they're collecting their retirement. So I think there's a general distrust from the public, and think it's evidenced by the members of the public that came here and spoke about the City giving itself these powers without first having demonstrated a history of utilizing them in a responsible fashion. Andl think, you know, had the Manager taken advantage of that option, and had we demonstrated some sort of a history of saving money for the citizens ofMiami, maybe it would have been a little bit more of a palatable decision. So, you know, I oppose it on those levels. I think, you know, the argument that the gentleman from White and Case made about leveraging the retirement dollars, to me, it kind of falls on deaf ears because ifyou want to pay somebody competitive rates -- andl understand that they can leave and get paid more money in the private sector, but they're working in the public sector. They can leave any time they want and get paid more money in the private sector. We've had a lot of Assistant City Attorneys leave before they become attorneys, and we have some of the greatest private sector attorneys are former Assistant City Attorneys who left way before they retired and made a bunch of money from the private sector. So that allure from the private sector is always there. If you want to work in the City ofMiami, it's because you love the City ofMiami. It's certainly not because you're maximizing the amount of money that you can make. So that's the kind of people we want here in the City ofMiami. We want people who want to work in the City ofMiami because they love the City ofMiami, because they believe in the City ofMiami and because they're inspired to be in the City ofMiami. City ofMiami Page 40 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Vice Chair Gort: Thank you. Commissioner Carollo. Commissioner Carollo: Thankyou, Mr. Chairman. I have two or three things thatl want to mention. First of all, I do believe -- and I'm seeing it a lot with the Finance Department -- that we have -- I don't know if it's an inherent problem or it's just the culture of the City of Miami, but we really do not foster and mentor our employees that have started with us over the years for them to grow into executive positions that would serve us and the City the way it should be. Again, I mentioned the Finance Department. We've had a lot of issues with the hiring there. And here, once again, I see with the Law Department, you know, I think we have attorneys there that are, you know, putting in their time, they're learning, they're gaining experience, and then they're looking in the near future when, you know, there would be a possibility for them to be promoted. But when that possibility is starting to come about, someone that's already there can actually retire and receive a pension, then come back for a salary. And I've said it in the past. It was -- it's my understanding, it was never the intention of government to pay out a pension for a retirement for that person to come back and start working with the City ofMiami. Even with the rank and file, Commissioner Suarez, even though I think it appears where we are on the same belief with this item, even with the Police Department -- andl don't know the numbers, so I would have to do the research, but I would think that a lot of law enforcement officers that retire, they actually don't retire as a police officer. They go up in rank -- sergeants, lieutenants, commanders -- and so for them to come back, I don't think they're going to come back as a road officer, which is, you know, what we need a lot -- you know, the actual need. So, you know, I have difficulties with regards to actually not fostering and mentoring our employees for them to grow to that, you know, executive position that we, you know, need so bad. With regard to experience, yes, you know, I do believe that we need experience, but that's where, you know, when someone's in the DROP, I think that's the perfect time to start mentoring other colleagues. I mean, you're pretty much saying, "Okay, in 'X' number of years, I'm retiring." You know, I think, as a City, whenever that happens, you know, those people should be -- you know, and obviously, that's management, it's not our job but they should be actually looking at other personnel within our department to see, okay, you know, let's start mentoring some of these other employees, some of our colleagues for them maybe to be able to assume this position. Andl think during the DROP time, that's the perfect time to be looking at other employees and mentoring them. I don't think we're doing that, and think that's the problem. I'll go a step further and something that once we finally get our audited financial statements, you know, I'm going to have a good talk, andl have already started to, with the Manager and our CFO (Chief Financial Officer). We need to start looking into the future. We need to start going to colleges, and we need to start hiring from colleges. We need to start going to career days. We need to start getting more involved, and start picking up from, you know, and it's not just, you know, Finance Department, you know. Even though we've spoken about this, I wanted to make a big push. We need to get very financially solid in this City. I'm tired of this financial mess that we're constantly in, and all the news articles, and on and on and on. But it just doesn't have to be the Finance Department. It should be all other areas. Legal, we should be going out to the universities. We should be actually going to career days. We should be establishing programs with the universities. That's what the private sector does. I don't know why we don't do it. So, listen, I'm not going to continue with this. I'm just sayingl don't believe that we should approve SR.1. Thank you. Vice Chair Gort: Commissioner Spence -Jones. Commissioner Spence -Jones: Thankyou, Mr. Chairman. There's a couple things that I just want to clear up. I do support the ordinance. The first thing that I wanted to clear up was the issue or the comment that was made centered around my viewpoint on the institutional knowledge. There's only four positions that this Commission, this body sitting up there has any control over, meaning that we have the options and the ability to input our thoughts or our opinions on what we feel works for the City. One of the key positions out of all of them, andl think the Chairman has stated that, is the City Attorney. Andl said in the last Commission City ofMiami Page 41 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 meeting that let's not make this about a person, and every time Warren's name would come up, you know, constantly in the discussion, just like it did today. This is not about Warren. This is not about the three other individuals that may have the same option. This is about if the individual has the ability to be in that post that they should have -- or we should allow them or give them the opportunity to at least apply. Andl agree with the comments that was made by all of the three Commissioners, Suarez and Carollo. They're very good points. They're excellent points. I love the point about -- Carollo made that we should mentor or leadership should start mentoring those individuals that are in departments to get them ready. I know for a fact that Julie has. She has gone out of her way to make sure that many of the younger attorneys that's in her office are beginning to be trained and be prepared to handle these posts, so I think she's done an excellent job in that. So I don't know about the other departments that you're speaking of but I know the one that she's managing and operating now, she has already done that with several attorneys that she's brought my way. This -- there was a comment made earlier about -- andl'm going to go back to the issue of institutional knowledge, andl'm going to go back to the fact that the CityAttorney's Office is extremely important when it comes to how our City is being operated. You know, any other department that we're talking about, I'm not saying that they're not important, but this particular department that we're speaking of today, where we're talking about contracts -- that was mentioned earlier -- from Marlins to port tunnel to Parrot Jungle, very intricate contract issues that have gone on for a very, very long time. As a matter of fact, some of the stuff even outdates the attorneys that are there now, but because they do have the knowledge around these issues, for whatever reason, they've been able to maintain the City because of that office, so that institutional knowledge for this particular post is extremely important when we're making a decision. One of the things that I think that we're not considering that I think is extremely important: That we are losing at least three to four main attorneys that are in the DROP. That's a lot of knowledge leaving at the same time. Andl know that this comment was made by someone in the office that, you know, yeah, people are transitioning out, but we can bring them back to the City. But to my understanding, even with that, you know, it's a two-year rule. So, yes, you know, I don't know how we're going to plan on bringing them back because it's a two-year rule you can't bring them back. Now, I do understand that you can waive them coming back on board, but what's the difference in paying them as a consultant for a hundred grand a year and paying and allowing them the opportunity to actually run the position or post? That makes no sense to me. We can pull aside -- no, Grace, you had your opportunity to speak. You can pull aside $100, 000 out of the budget to pay for a consultant to come and work, but you can't allow them to have the opportunity to compete in the process. So I don't necessarily agree with that comment, because you're allowing for them to come back, one way or the other. So I think that more so than anything, I think this is always about -- I know at least for the Chairman and myself on this issue -- was at the end of the day, it's not our decision -- at least the first phase of it is not our decision, meaning there is a committee that's going to come back and bring us recommendations, and ultimately, we will make the decision as to who the City Attorney will be, and how much we're actually going to pay that City Attorney. And if we know that there's a pension that that individual has or already has in place, then we can use that as an opportunity to leverage whether or not, you know, how much we actually want to pay them. So ultimately, the decision is ours, but I think it is a little unfair for us to not allow for, as you guys mentioned earlier, people that have come up in the ranks, that finally have the opportunity to be in a position or post and now, we're saying to them that they don't have the opportunity to apply or participate. So more so than anything else, my argument, it still remains around the institutional knowledge, how we have so many major, major contracts that the City is engaged in or has been engaged in, and to have that option -- again, that's not even saying that these individuals that do apply will have the same option, but at least they'll have the opportunity to participate in the process. So I agree. I'm not going to say I don't agree with Carollo and Suarez and why they feel passionate about what they feel passionate about, but I do think that this particular post is just a little different because of what's attached to it. So that's my viewpoint on the issue. Vice Chair Gort: Thank you. A couple of things I want to state. First of all, when was the first City of Miami Page 42 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 ordinance passed that allows someone to work at the Commissioner's office and -- what year was that passed? 2003? 2004? It's been over ten years ago; am I correct? Ms. Bru: I know it's been a while. Vice Chair Gort: Have we experienced any abuse in the use of that ordinance? Ms. Bru: No, not to my knowledge. Vice Chair Gort: Not to my knowledge. Second of all, we talked about mentoring, mentoring the individual. I want you to know I am the one who has for the last two years has been working with the Administration, been working with the unions to make sure that we have a plan where we can bring people up, to make sure that the people in DROP that they mentor, make sure the directors of the departments take care to see what the need is going to be, and I'm the one that's pushing for employing people within the City ofMiami, with employees within. And the comment was stated before, CEO's in the private sector, you see them changing all the time. Now, to send the message correctly, according to the rumors, I'm voting -- I don't know -- I think it's for three different people that already have my vote. So I have people out there voting for me. My request to the person I appoint to that committee is I want you to select the most qualified individual, and that's what I would like to see in front of us. This vote doesn't have anything to do with that. Okay, any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by City Attorney Julie O. Bru. Nicole N. Ewan (Assistant City Clerk): Roll call on Item SR.1. Commissioner Carollo. Commissioner Carollo: No. Ms. Ewan: Commissioner Suarez. Commissioner Suarez: No. Ms. Ewan: Commissioner Spence -Jones: Yes. Commissioner Spence -Jones: Yes. Ms. Ewan: Chair Sarnoff. Chair Sarnoff Yes. Ms. Ewan: Vice Chair Gort. Vice Chair Gort: Yes. Ms. Ewan: This ordinance has been adopted on second reading, 3-2. SR.2 ORDINANCE 13-00359 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DavidSarnoff ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS, WITHIN THE DOWNTOWN DEVELOPMENT City ofMiami Page 43 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 AUTHORITY BOUNDARIES, THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND ADDING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00359 Legislation (Version 5) SR.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item SR.2 was deferred to the June 13, 2013 Commission Meeting. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 ORDINANCE First Reading 13-00288 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE PARTICULARLY BY AMENDING SECTION 10-4 , ENTITLED, "BUILDING PERMIT FEE SCHEDULE," IN ORDER TO SET THE SCHEDULE OF BUILDING PERMIT FEES AT $45.00, FOR RESIDENTIAL IMPROVEMENTS COSTING LESS THAN $2,500; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00288 Legislation FR/SR.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Commissioner Spence -Jones: Mr. Chairman, can I just ask you one quick question? I know -- I'm assuming we're getting ready to take up -- I know 3: 45, Carollo has a time certain, correct? Chair Sarnoff Correct. Commissioner Spence -Jones: Okay. So are there any other non -controversial items that we could just deal with so we can clean those up really fast? Chair Sarnoff If you guys want, we could run through the agenda as quickly as we can. Commissioner Spence -Jones: I mean like the building permit, which is, I believe, Commissioner Suarez' I think we're -- everybody -- Chair Sarnoff FR.1? Commissioner Spence -Jones: Yeah. Chair Sarnoff Want to do it? City of Miami Page 44 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: Let's do it. Commissioner Spence -Jones: I'm just saying, let's clean up those little small items. Chair Sarnoff We should be able to get through the FRs (First Readings). Commissioner Spence -Jones: Yeah. Chair Sarnoff FR.1, Mr. Manager. It's actually Commissioner Suarez, so do you want a minute to prepare? Commissioner Suarez: Yeah, if you don't -- actually, I have it here. Chair Sarnoff Do you? Commissioner Suarez: Okay. FR.1 is legislation that establishes a flat fee of $45 for building permits obtained for residential improvements under $2500. The legislation does basically three things: It reduces fees, number one. During the first six months of fiscal year 2013, the average permit for residential improvements under $2500 was $155.10. A typical permit included building fees, zoning inspection fees, public works inspection fees, supplemental solid waste fees. Through this ordinance, we will eliminate this complicated web of fees and charge a simple building fee of $45, which would be a reduction of 71 percent. It cuts through the red tape. While not specifically mentioned in the legislation, we have spoken with the Building Department about making most of these fee permits available online and easy for our residents to apply for. There would be no need to visit the MRC (Miami Riverside Center), no need to submit detailed plans and no need for pointless inspections. Commissioner Spence -Jones: So move. Chair Sarnoff We have a motion by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Mr. Iglesias, correct? Peter Iglesias (Director, Building): Yes. Chair Sarnoff It's good to see you don't have two heads -- Mr. Iglesias: Good afternoon, Commissioners. Chair Sarnoff -- despite what I heard. You want to speak on this? Mr. Iglesias: We have looked at the permit issue. I don't -- we have no issue with it. I think there would be more compliance with going with a $45 fee schedule and certainly going with internet approval of most of these small permits. So although it's a small loss of revenue, I think we can work with this. Chair Sarnoff I think Suarez' position is what you lose in revenue on the big end you make up in volume. Commissioner Suarez: Exactly. Chair Sarnoff And I think that's a good contention. City of Miami Page 45 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Iglesias: You still have the inspections to do, but I think so, yes. Commissioner Suarez: Thank you. Chair Sarnoff Okay. So we have a motion, we have a second and Commissioner Gort is now recognized for the record. Vice Chair Gort: One of the things I see quite a bit is people doing a lot of the building, doing a lot of remodeling during the weekend and at nights; the reason being is it's very complicated to get the permit. At one time, we used to be able to pull a permit out of the NET (Neighborhood Enhancement Team) office, especially small permits for remodeling and so on. In other words, if you had somebody that's changing a window, why do we have to have plumbing, fire and all the other -- whatever you call them -- checking on what's taking place? We're talking only about a simple window. So my understanding, they have to present the plan and how the window is going to be changed, but then they have to go through plumbing, they have to go through electricians, electrical and they have to do all the -- Mr. Iglesias: Not for a window. For a window, they would just go through structural -- Vice Chair Gort: That's an example. But a bathroom facility -- Mr. Iglesias: (UNINTET,TIGIBT,F). Vice Chair Gort: Okay. If you can work on those things, it would really be appreciated, because a lot of the people are saying it's too much trouble to get a permit, so they try to do it without a permit and this -- Mr. Iglesias: So this is under $50, so it should be small work that -- andl think it's probably -- the permit fee of 150 to 250 is probably a large percentage of the construction cost and probably to get lower, we should have better compliance I think with the $45 fee. Vice Chair Gort: Thank you. Commissioner Suarez: Thank you. Chair Sarnoff Okay. So we need a public hearing on FR.1. FR.1 is a flat fee permit for residential projects under $2, 500. Anybody wishing to be heard on FR.1, please step up. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by City Attorney Julie O. Bru. Nicole N. Ewan (Assistant City Clerk): Roll call on Item FR.1. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.1 passes on first reading, 5-0. Commissioner Suarez: Thank you. FR.2 ORDINANCE 13-00598 First Reading District3- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Frank 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Carollo ENTITLED" PLANNING AND ZONING", MORE PARTICULARLY BY City of Miami Page 46 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 CREATING ARTICLE XV, ENTITLED "GROUP HOMES", IN ORDER TO STRENGTHEN MUNICIPAL OVERSIGHT MEASURES AND CODIFY THE INSPECTION ACTIVITIES TO BE PERFORMED BY THE PLANNING AND ZONING DEPARTMENT WITH REGARD TO ASSISTED LIVING FACILITIES, COMMUNITY RESIDENTIAL HOMES, ADULT DAY CARE CENTERS, ADULT FAMILY CARE HOMES, TREATMENT FACILITIES, OR SIMILAR GROUP HOMES, PURSUANT TO FLORIDA STATUTES CHAPTERS 419 OR 429, AS AMENDED; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-00598 Legislation FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff We're back on the record. I think the next thing we were supposed to do would be group homes, but I don't see Commissioner Carollo up here. But as long as I have -- Vice Chair Gort: He's coming. Chair Sarnoff Oh, okay. I know County Appraiser Carlos Lopez-Cantera is here. I don't see him. I think Carlos Lopez-Cantera is here. I don't see him. Carlos Lopez-Cantera is here, right? Commissioner Carollo: Yes. He reached out to my office because he wanted to come here today and speak in support of this ordinance. And in the past, he's done a lot of work with regards to ALFs (Adult Living Facilities). And as a matter of fact, I think, recently, he -- in the appraiser's office, he did an investigation with regarding to ALFs that had tax exemptions or illegal tax exemptions. Chair Sarnoff Okay. I know he's here, so if anybody sees Carlos -- Commissioner Carollo: And if -- Chair Sarnoff You're right, it's your issue. You're recognized for the record. Commissioner Carollo: Thank you, Mr. Chairman. Andl appreciate the appraiser, the County appraiser, Lopez-Cantera, being here. This is an ordinance that strengthens the municipal oversight measures on group homes and all ALFs. You know, few months and maybe even a year ago the Miami Herald did an excellent investigation that was documented through a series that they called "Neglected to Death." It discussed all the deplorable conditions at some of these ALFs. And if you haven't read it, I strongly suggest that you do read it. Therefore, this ordinance helps with the safety of the vulnerable residents that live in these group homes and ALFs and, at the same time, it helps address the safety concerns of our neighborhoods. What this ordinance does is during the initial application process, this ordinance will assure that there be a healthy verification process to make sure that all of the facilities are in compliance with all applicable regulations. In addition, it would incorporate that there be a yearly compliance review to ensure that they stay and abide by all applicable regulations. So I think this is a very good ordinance. I've made my presentation short, but I'm more than willing to answer any questions or -- you know, if anyone from the Administration -- or I think the property appraiser is here to speak on this ordinance. Commissioner Suarez: Second for discussion, by the way. Chair Sarnoff All right. Motion by Commissioner Carollo, second by Commissioner Suarez. City of Miami Page 47 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 And the County tax appraiser -- you should have a different name. Commissioner Suarez: Property appraiser. Chair Sarnoff. Property tax appraiser, I'm sorry, is recognized for the record, Carlos Lopez-Cantera. Carlos Lopez-Cantera: Thank you, Mr. Chairman and Commissioners, for the opportunity to speak today. I am here in two capacities: one as a citizen and a former legislator and as the property appraiser ofMiami-Dade County. First of all, I'd like to thank Commissioner Carollo and all the Commissioners for supporting this, because this item that the Commissioner is sponsoring is based and uses a statute that I wrote seven years ago to ensure that these group homes are complying with state statute, and it was something that came to my attention before I was even elected to the Legislature, and I'm glad that finally somebody is doing something about this and using the law that wrote for the City ofMiami specifically, albeit seven years later, but finally doing something about it. So thank you, Commissioner Carollo, for your leadership and other Commissioners. Andl also wanted to let the Commission know that these same group homes were the subject of an investigation that we did in our office. It's an ongoing investigation, but to date, we've already issued $1.8 million in homestead violations. A quarter million of that was in the City ofMiami alone, andl expect more to come in the next batch at the end of this month. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Commissioner Carollo: First of all, I'd like to thank Mr. Lopez-Cantera for actually coming here physically and addressing this issue. You know, no one really knows how much work we have done on this ordinance. I actually have reached out to numerous persons, even the president of the homeowners associations that was there prior to you being elected but dealt a lot with the issues of ALFs, and that was Hugh Ryan. So we've reached out to many, many people. And at the same time, I'd like to thank the various departments that worked with me from the Law Department, Planning, Building and Zoning, Code Enforcement. So we've had a lot of meetings. There's many residents that also came to my office, and we really had a lot of brainstorming session in order to make this something that, you know, is feasible but would be good for the -- let's be clear -- vulnerable residents that live in some of these ALFs and, at the same time, be good for the neighborhoods. So I think it's a very good ordinance. And, you know, I -- once again, I hope that you all can support me on this. Thank you. Commissioner Suarez: Mr. Chairman. Chair Sarnoff. Commissioner Gort. Vice Chair Gort: I'd just like to thank you, because all the meetings -- homeowner meetings that we've had throughout my district, you have people present there to explain the process and the procedure. Your office (UNINTELLIGIBLE), so thank you very much. Chair Sarnoff. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. No, I want to thank the property appraiser for being here. I want to thank Commissioner Carollo for advancing this legislation, which I think is excellent legislation. The -- 50 percent of the community residential homes are in my district, and as the Commissioner stated, not only are there issues related to the care of the people and the kinds of patients and clients that are at these homes, but also the impact that they have on our neighborhoods. And in some of our investigations as to how to better apply the laws City ofMiami Page 48 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 that we have on our books, we did investigations on the Code Enforcement and the police -- Commissioner Carollo: Reports. Commissioner Suarez: -- calls that -- and reports that are made at those locations, andl could tell you that it's almost the size of our briefing books. I mean, it's a massive amount. So I commend him for doing this. Andl want to bring -- I'm going to be bringing something to the Commission very soon, a resolution that I've been working with the property appraiser as well, related to the homestead exemption fraud and having a police officer from our police department be trained by the property appraiser so that they can build a case for homestead exemption fraud. And, you know, it's something that's costing the citizens of the City ofMiami hundreds of thousands of dollars. People who are cheating on their taxes and not paying homestead, you know, or trying to protect their properties with homestead exemptions that are -- that they're not eligible for. So I want to thank the property appraiser for being so active. I often see him -- you know, it's funny 'cause people often say when they let elected, then you never see them. And it's been the opposite, actually. Now that he's back from Tallahassee and now he's elected to a countywide office, it's incredible to see a countywide elected official who actually goes to homeowners association meetings. That's a very rare thing, andl commend you for that. Mr. Lopez-Cantera: Thank you. Chair Sarnoff Anyone else? Commissioner Spence [sic], no? Commissioner Spence -Jones: I got all my answers [sic] -- Chair Sarnoff All right. Commissioner Spence -Jones: -- answered, andl just want to be clear. Really, my district and your district, we have the lowest amount of group homes or AL -- yeah. Did you see the list already? Chair Sarnoff I have. Commissioner Spence -Jones: I see why District 3 and District 4 have a big concern. Have you seen this map? Commissioner Carollo: I vaguely saw it -- Commissioner Spence -Jones: But it's very interesting to look at just the number of -- Commissioner Carollo: -- about ten minutes ago. Commissioner Spence -Jones: -- I mean, when you see it here, it's like wow. So 3 and 4, you guys really -- you have a great number of them. Vice Chair Gort: So does I. Commissioner Spence -Jones: Yeah. Vice Chair Gort: One has got 35. Commissioner Spence -Jones: Yeah, but 4 has like 76, almost double the numbers. I mean, 4, right? Vice Chair Gort: Yeah. City ofMiami Page 49 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: Yep. Commissioner Spence -Jones: So -- and then -- and my question was centered around whether or not it was going to have fiscal impact, andl believe Code Enforcement said not at all. The inspectors will continue to do -- I just thought the numbers were a lot bigger than this. So I just needed clarity. Commissioner Suarez: And by the way, we've advanced -- we've tried to advance legislation for a number of years to expand the distance requirements between one and the another to change the zoning preference that they're given as a -- even though they're -- they operate as a business, which is one of the reasons why they're violative of the homestead exemption law, because they're saying that there's a homestead when, in fact, it's operating as a business. So unless the person who's living there -- who's one of the patients actually lives there, then that person can only claim that part that they're living in as homestead; otherwise, it's not a properly exempted home. So, you know, I just commend the property appraiser, andl commend the Commissioner for bringing this legislation. This is a problem that we've been dealing with and that we're continue to continue to deal with. And so anything that we can do to help is very welcomed. Chair Sarnoff All right. I need to open up a public hearing on FR.2, FR.2. Anyone from the public wishing to be heard on FR.2, please step up. Mr. Lopez-Cantera: Can I go? Chair Sarnoff Well, you spoke already. Mr. Lopez-Cantera: Okay, thank you, Commissioners, Chairman. Vice Chair Gort: Thank you. Commissioner Suarez: Okay. Commissioner Carollo: Thank you. Chair Sarnoff You can speak as a member of the public. Grace Solares, you're recognized for the record. Grace Solares: Thank you. I'd like to -- Commissioner -- I mean, Mr. Lopez Cantera, I'd like to thank you as well. Commissioner Suarez: Property Appraiser, we're calling you back in here. Ms. Solares: I'd like to thank you for working with us in the Roads on this issue. Thank you so very much. You'll be shocked by what I'm going to say. I support this. Commissioner Spence -Jones: Yeah. Vice Chair Gort: Good. Commissioner Suarez: That's good every once in a while, with a smile too. Commissioner Carollo: It's good to have consensus. Ms. Solares: Yes. Oh, Commissioner Carollo, this is absolutely wonderful. I've already circulated this through the e-mails (electronic) of the Roads, and it's going to go into the City of Miami Page 50 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 newsletter of the 1,400 homes. As you very well know, 'cause I contacted your office, we're suffering from these issues, the mentally disturbed getting into absolute total fights, ending up naked across the street in some lady's lawn while she was having a brunch on a Sunday. And one of the guests saying, "The two guys out there are naked, fighting in your garden." So like that, many, many others in our area. So I commend you for this. You're reinforcing this tremendously. One of the things that I was always asking for when I met with Min, Barnaby and others in the Zoning Department was that the City had an independent inspector or surveyor to go and actually verin, the survey that is provided by the applicant, and you have it here. I think that's extremely important. I thank you on behalf of the Roads Association. You're taking care of this, and thank you. Thank you again. Chair Sarnoff Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Just briefly, I also want to thank Commissioner Carollo. He has done an important thing for the City ofMiami, District 4. And Carlos mentioned that seven years ago, he passed -- he was able to pass that legislation. It came out of meetings that we had in the Shenandoah Homeowners Association. He came out in the Silver Bluff Homeowners Association, andl think he did the right thing. And actually, we failed. We failed several years in the Legislature when we wanted 24-hour security posted at those facilities, and the lobbying effort of the industry was too strong, but now, locally, we can do something. So, Commissioner, thank you very much. Bob Powers: Bob Powers, 565 Northeast 66th Street. I also want to thank you, because we had an issue with that up in the Upper Eastside; and also in District 5 and District 2, there were some that were not registered the way they needed to be registered. So thank you for bringing that up. Thank you. Ken Jett: Ken Jett, 8320 East Dixie Highway. Commissioner Carollo, thank you. This is another example of how you making a decision can affect our neighborhood. Sometimes, one of these homes is enough in a neighborhood when you have the individuals accosting the elderly in your neighborhood and people are afraid to go the outside. So thank you for bringing it forward. Chair Sarnoff. Anyone else wishing to be heard on FR.2, FR.2? Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Nicole N. Ewan (Assistant City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.2 passes on first reading, 5-0. Chair Sarnoff. All right. Applause. Commissioner Carollo: Thank you, guys. FR.3 ORDINANCE 13-00602 First Reading City ofMiami Page 51 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 54/ARTICLE I OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED David Sarnoff "STREETS AND SIDEWALKS/IN GENERAL" MORE PARTICULARLY BY ADDING A NEW SECTION 54-2, ENTITLED "OBSTRUCTION OF FREE PASSAGE ON SIDEWALKS, ETC."; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 13-00602 Legislation FR/SR.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnofff. FR.2 is group homes. Commissioner Carollo: That is the 3: 45 time certain. Chair Sarnofff. 3: 45. Okay, sorry about that. Hold on to that. And FR.3 -- Commissioner Spence -Jones: That's the sidewalk issue. I think that's going to be a lot of discussion on it, right? Chair Sarnofff. I don't know. Let me bring it up, see how it goes. We used to have a sidewalk ordinance that -- you want to describe it, Mr. Bittner? You are probably the best to do it. You drafted it. Warren Bittner: Yes. Warren Bittner, Deputy City Attorney. This ordinance is a -- kind of a reenactment. About five years ago, we had a similar ordinance on the books in response to a lawsuit that we were facing, Lake Worth versus the City ofMiami. We redrafted substantially Chapter 54 concerning assemblies, parades, special events, and in that process, we repealed an earlier version of this. It's come to our attention that the police really need this as a tool, so we're bringing it back with some modification to help further the polices' efforts on this. So that's what this is all about. Chair Sarnofff. And Mr. Bittner, so that maybe I can give some solace to some of the Commissioners, a lot of this ordinance came from various ordinances in other cities; am I correct? Mr. Bittner: Yeah, it did. For instance, the term, "camp or camping, " came from a city of Boise ordinance, and this ordinance in general is patterned after the Supreme Court case of Shuttlesworth versus City of Birmingham. That was a United States Supreme Court case that upheld the constitutionality of the major portion of this ordinance. Chair Sarnofff. So you have done your best to make sure this fits constitutional posture? Mr. Bittner: Yeah, of course, because we know what it's like to have to fight this. Chair Sarnofff. Okay. I tell you what, Commissioner Spence, let me open up the public hearing and then we'll come back to the City. Anybody wishing to be heard on FR.3, obstructing sidewalks, FR. 3, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: I mean, I definitely know the intention of the ordinance. I just want to have clarity on a few things. The first thing, Warren, is that I'd like to understand what the penalties are just so that I -- not just for me, but for those that are watching, because I just don't want people to get the wrong -- I understand what we're trying to accomplish, you know, City ofMiami Page 52 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 and a lot of this is centered around people lying over the sidewalks or lying on the sidewalks, and people not being able to go by. But, basically, I know the police is going to have to determine who's really loitering and who's really not. So what are the penalties, so I can understand exactly, you know? Mr. Bittner: Well, there -- because there is no specific penalty listed in the ordinance, it falls back to the general penalty which is found in the beginning part of the code, which I believe is $500 per violation, and there's also jail time associated with it. But -- so that's what the penalty would be for a general municipal violation. Commissioner Spence -Jones: And most -- Chief you can come to -- because I'm assuming that you're recommending this and you're supporting this for a purpose, so I just want to be clear what your understanding and -- you know, because I know that some time back, we had an issue -- correct -- with this particular ordinance, so we -- for a minute, it was frozen and we were not active; right, Warren? Mr. Bittner: Well, we took it off the books for at least five years. Commissioner Spence -Jones: Right. And the reason we took it off the books was -- Mr. Bittner: Well, we were fighting a constitutional challenge to much of Chapter 54. The assemblies ordinance was the heart of it. Commissioner Spence -Jones: That issue was? Mr. Bittner: The issue was can we constitutionally require groups less than 50 people to obtain a permit to assemble on the sidewalk -- Commissioner Spence -Jones: Right. Mr. Bittner: -- when they're exercising their First Amendment rights. Commissioner Spence -Jones: Right. And this was dealt -- because a particular incident took place in the City, correct? Mr. Bittner: It was the FTAA (Free Trade Area of the Americas) -- Commissioner Spence -Jones: Okay. Mr. Bittner: -- that was behind all of this. So -- Commissioner Spence -Jones: ACLU (American Civil Liberties Union) and all those other groups they clearly had issue with, right? Mr. Bittner: They had issues not only with this, but with the parades, the assemblies, and the special events. And we redrafted the whole thing. Commissioner Spence -Jones: Okay. So, Chief -- Manuel Orosa (Chief of Police): Yes, ma'am. Commissioner Spence -Jones: Want you to just respond. Why do you feel like it's necessary? Why are you not able to enforce what you need to -- Chief Orosa: I thought you were asking me a question. Chief Manny Orosa, Miami Police City of Miami Page 53 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Department. Commissioner Spence -Jones: -- enforce the loitering issue without having this so -- Chief Orosa: Like the City Attorney said, we have a -- we had an ordinance during the FTAA, but the ordinance was very broad, and in order to move forward without being sued, this particular portion of the ordinance was repealed. It was thrown away. Now, in order for us to have a better tool, in order to deal with any individual that may decide to camp in a sidewalk, or sleep in a sidewalk, or lay across the sidewalk, forcing you and me, or anybody walking on the sidewalk having to go onto traffic and creating a hazard, there's nothing we can do about it. So this would add a little bit more teeth in our tools to be able to help protect the public from having to go onto traffic to get around whoever might be camping, or sleeping, or doing whatever, blocking the sidewalk. Commissioner Spence -Jones: Okay. So, I mean, that was one of the -- I know that -- one of the issues and concerns that came up from -- at least from a couple of people that called our office on it, and now that you've given me a little bit more clarity -- I'm just -- I'm still a little concerned, okay, Chief? Andl understand this is Marc's -- Commissioner Sarnoffs issue, andl understand why he's doing it, because, clearly, he's having a serious issue in D2 (District 2) regarding this issue. I just don't want it to be abused, and that's one of my concerns on it. So I'm finished with my questions on it. Mr. Bittner: Commissioner, can I add something to that that I didn't state? Commissioner Spence -Jones: Sure. Mr. Bittner: You're familiar with the settlement agreement in the Pottinger case. Commissioner Spence -Jones: Mm-hmm. Mr. Bittner: There is a specific reference to this -- the old section that was repealed. So this is one of the quality of life misdemeanors, along with the parades and assemblies. Commissioner Spence -Jones: Yes. Mr. Bittner: So if there is no available bed, if this is a homeless person -- Commissioner Spence -Jones: Yes. Mr. Bittner: The police have to walk away. So that's another additional protection for homeless individuals. Commissioner Spence -Jones: Okay, no problem. I got it. I'm clear. Chair Sarnoff. Commissioner Gort. Vice Chair Gort: My understanding is -- and this is something you have to instruct the officers and educate them. Mainly, you're not going to arrest them, but right now, the officers, if somebody's blocking the sidewalk, they will not do anything because there's not an ordinance that would back them up. Chief Orosa: Correct. Vice Chair Gort: My understanding is an officer can up to somebody who is blocking the sidewalk and ask them, please go to the side, put your -- lay down some other way so you will not City of Miami Page 54 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 be blocking the whole sidewalk. Chief Orosa: Correct. And if they wish to not do anything about it, then the officer cannot do anything about it. Chair Sarnoff. Let me put it -- the words -- I know how to say it. A police officer has to make a lawful request of the citizen. This is the lawful request: Please do not lay perpendicular across the sidewalk. "Please lie against the fence if you would if you need to sleep." That is a lawful request of a police officer. That would give them their lawful duty. You know, having just met with Judge Lichtman yesterday, I would strongly urge each Commissioner to meet with Judge Lichtman. It's really a worthwhile hour meeting. What he had to say about your police force, Chief was enlightening. He considers your police force -- they apparently go through some sort of community -- 40-hour community -- and you're going to help me with the course, but there's a course they take and he gives you totally high marks on how your police officers deal with people in downtown. He said that there really is not a better police department in the United States to deal with the issue. You're compassionate, you're totally different than you were pre-Pottinger, and that this particular course has substantially -- and this is a judge that has no reason to say anything other than what he wants to say -- that he really has high praise for your police department and the number of officers that go through this course. Chief Orosa: We have that one, and we have our crisis intervention team course that was established with the help of the judge, and we were one of the premier agencies first to do such a thing. Chair Sarnoff. And he was very complimentary of Officer Barnett, by the way. He knows him by name. He knows who he is. Andl think you should be proud -- you weren't at the meeting, but you should be proud of the praise that somebody totally exterior of the City ofMiami harped upon your men in blue. Chief Orosa: Thank you. Chair Sarnoff. All right. Vice Chair Gort: I do recommend that they get together with him. I had a couple of meetings with him, and he's the only person to come up with trying to get a solution for those individual homeless, the mentally ill, and they need help. Instead of being arrested, they need to be placed in a place where they can take care of them. Chair Sarnoff. All right. So I think we need a motion. Vice Chair Gort: Move it. Commissioner Spence -Jones: You got a motion and a second. Chair Sarnoff. Did we? We did not. Commissioner Spence -Jones: I thought we did. I had second for discussion. Chair Sarnoff. Did we? No. Commissioner Spence -Jones: Oh, okay. Vice Chair Gort: Move it. Chair Sarnoff. All right. City ofMiami Page 55 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.1 13-00367 City Manager's Office Commissioner Spence -Jones: Second. Chair Sarnoff We have a motion by Vice Chair Gort, second by Commissioner Spence -Jones. Didl open up a public hearing? Nicole N. Ewan (Assistant City Clerk): No, you have not. Chair Sarnoff FR.3. Anyone wishing to be heard on FR.3, please step up. Hearing none, seeing none, coming back to this Commission. Mr. City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Warren Bittner. Ms. Ewan: Roll call on Item FR.3. A roll call was taken, the result of which is stated above. Ms. Ewan: Item FR.3 passes on first reading, 5-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE REAPPORTIONMENT OF THE JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOR USE IN THE NOVEMBER 5, 2013 ELECTION AND EACH ELECTION THEREAFTER; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED. 13-00367 Summary Form.pdf 13-00367 Final Report- Proposed Redistricting Plan. pdf 13-00367 Legislation. pdf 13-00367-Exhibit 1-SUB.pdf 13-00367-PowerPoint Presentation -Redistricting Alternartives Compared. pdf 13-00367-Submittal-Maps.pdf 13-00367-Submittal-Sarnoff Plan.pdf 13-00367-Submittal-Stephen Cody -Presentation. pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Noes: 1 - Commissioner(s) Carollo R-13-0208 Chair Sarnoff All right. I think we're moving now to the 11 o'clock time certain redistricting. Do you all want to take -- Commissioner Spence -Jones: I just have a question. Is this going to be a long discussion? Becausee it's already 12 o'clock. So -- City of Miami Page 56 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: I have to be somewhere. Commissioner Spence -Jones: Huh? Commissioner Suarez: I have to be somewhere. Chair Sarnoff Do you guys want to put this to a -- he's the one that requested the morning. Stephen Cody: Right. Chair Sarnoff So, Mr. Cody, could we do this at -- will you be back by 2, 2 o'clock? Commissioner Carollo: You have a whole bunch of people that are here, ready to go. Chair Sarnoff I know, but I don't think this is going to take a half hour. Commissioner Spence -Jones: I mean, if it -- Chair Sarnoff I don't think it's going to take a half hour. Commissioner Spence -Jones: I know it's -- well -- Chair Sarnoff How do you want to do it? It's the pleasure of this Commission. Commissioner Spence -Jones: I have to leave at 12 o'clock, so if it's not -- Do you want to hear some of it now? You want Cody to put the things on the record at 12 and then we digest it and come back and discuss it? We could do that. Chair Sarnoff That's fine, that's fine. Commissioner Spence -Jones: Why don't we do that. That way, that's splitting the baby. Go ahead. Chair Sarnoff You're recognized for the record, Mr. Cody. Robert Powers: (INAUDIBLE). Mr. Cody: Thank you. Thank you, Mr. Chairman. Let me just get myself plugged in electronically. Good afternoon. Stephen Cody, redistricting consultant. Excuse me. Good morning. It's afternoon somewhere, as Jimmy Buffet might say. I'm here with Pablo Tamayo of Miguel De Grande, P.A., and when we last met on May 9, you asked Pablo andl to provide you with certain information. We have been at this redistricting process for about a year, and until recently, this Commission has asked us -- we have asked whether it wanted us to develop a single plan or multiple plans. And up until very recently, the response was always, "Give us one plan, a single map." At the May 9 meeting, you asked to see four maps. For this meeting with variations, a total of 22 plans. So all of those 22 plans have been posted to the City's website with PDF (Portable Document Format) wall maps, Excel files, and even files that can be loaded into Google Earth so that everything can be viewed by you and the members of the public. We tried to make this process as transparent as possible. Before we get into the maps, though, I want to talk about a concept that I know that you're going to be hearing today, if not from me, from others who may speak or perhaps questions from yourselves, and that term is "gerrymandering." Now, as you might have seen earlier, someone put forward this cartoon from 1812 criticizing a map that Eldridge Gerry, the Governor ofMassachusetts did when they were re -apportioning the Legislaturee in Massachusetts back 200 years ago. I think you all need to understand the concept of what gerrymandering is today, as opposed to what it meant 200 City of Miami Page 57 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 years ago. Now, I'd like to take you to what some courts have looked at and considered what is a permissible gerrymander and what is not a permissible gerrymander. On the screen, you could see a North Carolina congressional district that was created in 1992, and it attempted to span from Durham all the way down to Charlotte, North Carolina. The little inset map shows you that that's about 145 miles, and not surprisingly, the court struck that down. Now, if you take a look at -- here's a Georgia congressional district, District Number 11, again, 1992, stretched from Atlanta all the way out to Savannah, and if you look at the inset map, that's 250 miles. And when challenged on racial grounds, the court struck it down. Now, you go to Texas. Here is a single Texas congressional map, okay? That's one map. All of the black areas are in one district. That, as you might guess, was struck down. Now, here's another Texas congressional map. For some reason, in Texas, they like to just use maps. And this was created in 1990; again challenged and again struck down. Finally, the last example I got for you, another Texas congressional map, 1990. Again, this is a single map in Texas, and when challenged in federal court, that was once again struck down. So I want you to understand that what the courts will look at is not whether individuals or even neighborhoods may not like the map you come up with. They're going to be looking at very specific things. And to that extent, you need to understand that this is not this. The plans that we have drawn, all 22 of the plans produced, none of them remotely resemble any of the plans struck down by federal courts as a gerrymander. And I've just given you a few. There are hundreds that I could have brought in. Now, as to the plans, and again, before we get into that, I do want to once again emphasize to you, Penelope Townsley, the supervisor, has stated that the elections department must be in receipt of the new Commission districts no later than June 14. And she also states adhering to this deadline is critical to the department. They need your decision, and frankly, I would urge you to make that decision today. Now, let's get into the plans. We have posted seven basic plans to your website. There's the March 14 plan that Miguel, and Pablo and presented to you, and you asked us to make some amendments to. There are four more plans which are based on the March 14 plan and two more which attempt to keep the Upper Eastside in District 2. And then there are up to three variations per plan, made at the Chairman's request. Now, in order to make this transparent, we have asked and the City has provided us the opportunity to post every plan. Every plan was done up in a PDF format that when printed out would be three feet -by -four feet. There's a KMZ (Keyhole Markup Language, Zipped) file that you can load on your computer and zoom in, and there's also Excel spreadsheets so you can explore the demographics and political information about each of these plans. And to that extent, I would like to thank Nicole Ewan, Angel Zayon, and Christina de la Maza for their help in making sure that all of the stuff was available, not only to you, but to the members of your public. Now, the KMZ file, if you take a look at the screen, you can see that you can zoom down even further than that and you can pick out details, like the Miami American Airlines Arena and Bayside. So with all of that, let's start pulling up some of the plans. The one that was asked to create at the end of last week was a plan that put the Upper Eastside in District 2. And the overriding criteria that you asked me to look at was to keep the Upper Eastside in District 2. However, I couldn't ignore every other criteria, legal and otherwise, in drawing districts. Let's face it, the present plan keeps the Upper Eastside in District 2, but you can't use that plan, because District 2 has 16, 000 plus people too many, and District 5 has almost 13,000 people too few. And so because of this limitation, I was forced to keep all population movement south of 1-395 and north of the Miami River. That's the entire arena that I had to play with in terms of trying to equalize the population, mostly between District 2 and District 5. So what we came up with is what we're calling the Upper Eastside in District 2 plan for simplicity. Now, zooming in on the area between these two districts, the features that we kept intact, the present boundary remains on Northeast 4th Court and 79th Street. That's the westernmost boundary of Palm Grove. That is maintained. When you move that line, it continues on Northeast 4th Court until it reaches Northeast 54th Street. At that point, it moves east, following the present boundary until it gets to Federal Highway. It's just about a half a block. And then it moves south to 1-195, and then only at 195 can we make some changes in order to follow some of the criteria in discussions that we've had. Commissioner Spence -Jones, for instance, asked us to raise the population of her district above the ideal population, so we attempted to do that; came all the way down Biscayne Boulevard, followed around to Southeast City of Miami Page 58 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 4th, in front of where the old DuPont Plaza Hotel used to be, over to Southeast 2ndAvenue, down the middle of the Brickell Bridge to the center of the river, and from that point, it goes westward and northwestward up the Miami River and continues around. Now, looking at the demographics of that plan, you can see that the plan has a deviation of 6.98 percent, which is within the legal limits. The white population of District 2 is 33.81, and it also has a black voting age population of 62.45 percent. And this fact caused me a little heartburn, because to understand why -- and you might say, well, it's the majority, where is the problem? But you have to understand the concept between population equality and a politically effective district. Now, population equality is fairly easy to understand. The 50 people shown on the screen, they're divided in half, so in a two -district scheme, 25 and 25, you've got population equality. But in terms of looking at political effectiveness, you start looking at other factors, like since children don't vote, you take out that. And then you start looking at other factors; things like racially polarized voting. In the initial report that we gave you all, we did an analysis of a number of races that took place across the City, and we found that up until the last two Citywide elections involving the President and Bill Nelson, you had extreme racial polarization in voting. And our finding wasn't the only finding. When I litigated the case involving the County and the School Board, we found that, and the judges entered those findings. Lisa Handley, who was the expert who was hired by the County to do their redistricting went and did her own independent analysis of voting on the Countywide level and found racially polarized voting exists. So this is something that a court would look at if the plan was challenged. They also would look at differences in unemployment and employment. The demographic data we gave you in part of that big report showed that the black population tends to be both underemployed in terms of the kind of jobs, the income they get, and have a higher rate of unemployment. They also look at things -- differences in wealth and poverty. They look at the effects of discrimination in education and housing, and even the history of official and unofficial discrimination. And one thing that sort of pops out to me every time I come to this building is if you have been here a lot over the years, over on that side of the building where your AV (Audiovisual) people used to be two bathrooms for black passengers, and over here were two bathrooms for white passengers. The Virginia Key Beach was set up as a black beach after World War II when black veterans tried to come back and use the public beaches, and the County and the City set aside that as a separate segregated beach. And there's just an entire history that we litigated as part of those two cases that still is there, still exists and still has a lingering effect. So that's going to have an effect upon how someone views the plan that you do. And the reason I bring this up is there is something in political science called the 65 percent rule. The Supreme Court in the United Jewish Organizations versus Carey case approved a DOJ (Department ofJustice) plan in Williamsburg, in the New York area where the DOJ said you had to have a 65 percent non -white majority in order to allow a district that will work for the black community. It's been accepted in the political science literature and it accounts for things like the relative youth of the minority population, lower registration rates, lower turnout rates, and even issues of citizenship, which are present here in Miami because of the large Haitian population, which do not have a citizenship rate that matches the non -white population here in the City. So because of that, adopting a plan with a voting age population of below 65 percent isn't an automatic violation of the Voting Rights Act. But it raises a potential risk of litigation and a challenge that you might face in federal court. And one of the issues that Miguel, andl and Pablo have in trying to help you through this is also to help you mitigate your risks. And it's like a doctor giving you advice. We can tell you it's time to cut the tumor out. If you don't want to cut the tumor out, that's your decision, but you've been warned about what the effect is going be of not cutting out the tumor. So with that extent, you might say to yourself "Well, okay, but here's the Upper Eastside in District 2 plan again. Why don't we just find some more black population outside of the Upper Eastside. Wouldn't that solve the problem?" Well, here's a map that your City Planning Department did. The more deep purple the area, the higher the level of black population. Outside of the Upper Eastside, you really don't have any areas of black population, except for the West Grove. And if we were to attempt to run a kite tail, if you would, all the way down U.S. 1 and just pick up that area, that itself would be the kind of racial gerrymander that would equal the pictures that I showed you in the first part of this presentation. So to us, the logical place to City of Miami Page 59 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 not dilute the minority -majority district was to look to the Upper Eastside. At the Chairman's request, we did look at variations that he asked us to put on. We put the wedge on that Commissioner Carollo has been concerned about and asked us to put on the March 14 plan, but when we did that -- you can see it focused right there -- that still kept the black voting age population in District 5 at 62.45 percent. Then we looked at what we're calling the Sarnoff "B" plan, which is basically cutting that wedge in half, only moving it out to South Miami Avenue as opposed to all the way to Brickell Avenue, and yet, that doesn't change any of District 5, and the black VAP (voting age population) is still 62.45 percent. To recap this particular plan, the deviations, they're within legal limits. All three variations, the black VAP is below 65 percent. Will it perform for black voters? That's a question that would probably have to be answered in federal court. Because of not meeting that 65 percent level, you do face a significant risk of having this plan challenged. And then in terms of "Does this plan perform, though for Hispanic voters?" Yes. The numbers are so high for Hispanic voters that this plan will perform for them. So with that, I really can't recommend that you adopt any of these three plans, the Upper Eastside recap. Now, at Commissioner Carollo's request, what I did was worked with him. We came up with an alternative plan, and this was posted to your website on Tuesday. Now, again, let's zoom in on the area between District 2 and District 5. I'll take you through the differences. It retains the border where it presently is at 79th Street and 4th Court, and then again, we move down to 36th Street, or actually to the bend at 54th Street, and then it follows Federal Highway down to 36th Street to the 1-390 -- or 1-195. And then again, it's only at 195 that I'm allowed to make any movement of population between District 5 and District 2. So what happened there is along Federal Highway, you have running parallel is the FEC (Florida East Coast) Rail line. And so we used that as the border between the two areas, coming all the way down to 1-395, taking all of Midtown and that area into District 5, coming down and then following the borders of the Overtown/Park West CRA (Community Redevelopment Agency) out to Biscayne Boulevard, down to 5th, over to the Metrorail Line and then straight down to the river. Now, what we also had to do is we made an additional change by moving an area between 19th Avenue on 36th Street all the way out to 27th Avenue, and that's not the only change. Then at the bottom of District 1, we moved the area that's highlighted in green that flanks that area that's sticking up is the Flagler Dog Track. The area on either side of Flagler Dog Track, it's moved from District 4 up into District 1, again, with the exception of the Flagler Dog Track. That stays in District 4. And then, finally, because this is sort of a domino effect once you don't take enough population between 2 and 5, you've got to find it someplace else, and then that causes other districts to have deficits that you have to then make up for. We went down and moved the area that's now highlighted in green between District 4, moved that from District 2 into District 4. Now, in terms of this plan, if you take a look at this plan, we have a deviation of 8.19 percent, again within the legal limit. District 2 has a white population of almost 34 and a half percent. And the black VAP is 67.94 percent, almost 68 percent. But again, this plan under populates District 5 by almost five percent, and it also in terms -- of not following some of the criteria you gave us. And then looking at the Sarnoff variations, in our nomenclature, a Sarnoff variation begins with cutting off the area between Biscayne Boulevard and 2ndAvenue, between 1-395 and 5th, and moving that back into District 2. And when we do that, we find that we moved the deviation on this plan above 10 percent. So this is something not only I cannot recommend, if you were to adopt this variation, that would violate the one person/one vote and would get you into court very quickly and a prohibition against you using this. Sarnoff "A" is a plan variation where you still cut off what I call the pig snout up around Biscayne Boulevard. You trim that, and then you take off the wedge completely between District 3 and District 2. Again, doing that, you still get a deviation of 11.59 percent. That deviation is too high. And finally, Sarnoff `B, " which in this case still has the trimmed area on Biscayne Boulevard back to 2ndAvenue and cuts back the wedge between District 2 and District 3 to South Miami Avenue, but again, this reduces the deviation, but only to 11.43 percent. So in terms of this Upper Eastside alternative, the initial one, it's within the legal limit. Black VAP in District 1 is above 65 percent. Will it perform for black voters? It will. Will it perform for Hispanic voters in the other three districts? Yes. Does it meet all the criteria that you gave us? No. Now, as to the three variations, again, to recap, you have all three variations are above the legal limit, and because of that, I can't recommend City of Miami Page 60 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 that you adopt any of those three. Chair Sarnofff. Can I just address the first alternative? Mr. Cody: Yes, sir. Chair Sarnofff. Because I thought one of the criteria you had told me was District 2 had become predominantly Hispanic. Mr. Cody: Yes. Chair Sarnofff. Just under 52 percent. You've now made it 48 percent. So you've given a minority -majority district and you've created a minority -minority district. Mr. Cody: That's in terms -- we're talking about the Upper Eastside in District 2, the first one. Chair Sarnofff. Right. Mr. Cody: Yes. That's also a problem, as well, in terms of we have diluted that district's Hispanic population, as well, and also diluted the black population. And for both reasons, I really can't recommend that first variation that you gave me. We then move to the Spence -Jones plan. And again, we provided you with a PDF wall map that you can zoom down into, but just looking again at the area between 2 and 5, the key features of this plan are it keeps the areas in the Upper Eastside or puts the areas in the Upper Eastside I should say; Palm Grove, Shorecrest, Belle Meade and Bayside in District 5. It keeps the areas ofMorningside, Bay Point and Magnolia Park in District 2. This plan also retains the borders that conform to the Overtown CRA out to Biscayne Boulevard and this one also has that wedge feature between District 2 and District 3. The deviation on the Spence -Jones plan is 8.38 percent. The white population in District 2 is 34.44 percent and the black VAP of District 5 is 65 percent, getting you above that particular bright line. And then looking at the three variations that we were asked to, just by comparison, that's the Spence -Jones plan, the black VAP and the deviation. And then when we trim off the area on Biscayne Boulevard below 395, the black VAP goes up to 66.4. The deviation comes down to 5.18. When we look at the Sarnoff "A" variation, which is, again, removing the wedge between 2 and 3, the deviation goes up slightly to 5.82. The black VAP holds steady at 66.4. And then the Sarnoff "B" variation still maintains the area, the trimmed area below 395, cuts back the wedge to South Miami Avenue, and there, we have a deviation of 5.66 and a black VAP of 66.40. Again, to recap, with 22 plans, I figure it's easier to recap as we go through each group as opposed to trying to give you a spreadsheet with 22 all at once. Andl can see the accountant on the group is saying that that would be too large a spreadsheet. But again, all of these are within -- deviations are within the legal limit. All of the Spence -Jones and the Sarnoff variations give us a black VAP in District 5 that's above 65 percent. Will they perform for the black population? Yes. Will they perform for the Hispanic population? Looking at the electoral analysis, yes. And does it meet all the criteria that you gave us? Well, the original Spence -Jones plan does. The Sarnoff variations do not because they don't have us follow the contours of the Overtown/Park West CRA. Now, the Jett plan. This came up to you. You originally deferred so we could do an analysis. We did that last time. I've done bigger maps so again, you can look at them, zoom in. The key feature here is all of the Upper Eastside -- Palm Grove, Shorecrest, Belle Meade, Bayside, Morningside, Bay Point, and Magnolia Park -- all are in District 5. The plan that Mr. Jett did, however, did not do anything with the CRA area, but it did keep the wedge. Here, this plan had a deviation of 5.8, and the black population was 65.61 -- 65.91 -- excuse me . Looking at the Sarnoff variations, Jett/Sarnoff, which removes the wedge, we then get a -- well, again, it keeps the Upper Eastside just as before, doesn't have the wedge feature. The deviation on this particular plan is 5.84 percent, and the black VAP is unchanged, because we don't change District 5. Sorry, my finger is getting ahead of me. And Sarnoff `B" is trimming back the wedge between District 2 and District 3. The deviation there is 5.84 percent. Black VAP is City of Miami Page 61 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 65.91 percent. And looking at these three plans, we find that all the deviations are within legal limits. Black VAP for all of them is above 65 percent. Does this plan perform for the black population? Yes. Does it perform for the Hispanic population? It will in those three districts. And does it meet all the criteria you gave us? Well, no, because it does not follow the Overtown/Park West CRA. Now, Commissioner Suarez, after Mr. Jett produced his plan, asked us to come in and look to see if we could put the Overtown/Park West CRA back on top of the Jett plan and to make any other adjustments that we could to make the plan work. And again, zooming in, you see Upper Eastside, all of it's still in District 5. We have the CRA feature. It maintains the wedge between 2 and 3, but we had to, from our March 14 plan, move about nine blocks south ofI--195. From what we had put into District 5, we moved that back into District 2, because the deviation, without doing that, the deviation would have been higher than 10 percent. Here, unfortunately -- andl looked up and down the area between 5 and 2 and really couldn't find an area to move enough population to get the deviation below 10 and still get the black VAP above 65 percent. When we looked at the first Sarnoff variation, again, trimming off the area between Biscayne and 2ndAvenue below 395, keeping the Upper Eastside, making that trim and keeping the wedge feature between District 2 and District 3, we find that the deviation is 66.8 percent and 65.24 percent, again above the limit. Sarnoff "A," again, the variation that takes off the wedge with all the features we talked about before, except the wedge is gone, moves the deviation, still within the legal limits at 7.6, and again, black VAP above the 65 percent mark. And finally, Sarnoff `B, " where we make the trim on the wedge back to South Miami Avenue, keeping the Upper Eastside, the CRA feature, in doing that trim, we then have a deviation in mid-7 and a half and, again, above 65 percent black VAP. On this Jett/Suarez plan, on the different variations, deviations, all were within the legal limit. The original Jett/Suarez "B" is below 65 percent, and that raises the question of whether that one would perform for black votersif you were to adopt it, again increases your risk in terms of litigation. For all four variations, it would perform for Hispanic voters in 1, 3 and 4. And does it meet all your criteria? Only on the first one by keeping the CRA in, in total, but because the variation -- because that one has a black VAP below 65 percent, I really can't recommend that you adopt that in light of the risk. Almost done. March 14 plan, the last plan I've got to discuss with you, the one that you directed us to make changes to at your March 14 meeting, and this is the one that Miguel, and Pablo andl worked on. After meeting with the people in the Upper Eastside, it was our opinion that in order to avoid a dilution of District 5 that we move the areas of Palm Grove and Shorecrest into District 5, leaving the remaining part of the Upper Eastside in District 2. Now, what this does is to give us a plan with the Upper Eastside there. We do maintain the CRA. This maintains the wedge. This plan has one of the lowest deviations of any of them at 5.0 percent; has a black VAP of 65.54 percent. The first Sarnoff variation, actually, by making the trim of those lots on Biscayne Boulevard below 395 and moving, you know, all of -- moving Shorecrest, the CRA area, less that set of blocks and the wedge gives us a black VAP of a little higher, 68.80 percent; deviation, again, of 5 percent. The Sarnoff "A" variation takes off the wedge, still keeps Shorecrest in the Upper -- and Palm Grove in the Upper Eastside, has the trim of the CRA area. Again, the wedge is gone. The deviation, 5.82 percent and 68.80. And then Sarnoff `B, " which is trimming that wedge back to South Miami Avenue by keeping the Upper Eastside portions of Palm Grove -- or except for Palm Grove and for Shorecrest, everything else stays in District 2. We've got the trimmed out CRA and the shortened wedge. You've got a deviation of 5.66 and a black VAP of 68.80. And in terms of this particular plan, deviations all within the legal limit, the black VAP for every one of these plans is above 65 percent. The District 5 performs for black voters. The Hispanic predominant districts do perform for Hispanic voters. The original March 14 plan does meet all of your criteria. So in conclusion, we gave you 22 plans. Four have a black voting age population below the 65 percent threshold. That's the Upper Eastside in District 2 and the variations on that, plus the original Jett/Suarez " B " plan. And because of that, we can't recommend that you adopt those plans in light of the risks that you might face. There were also the -- all of the Sarnoff variations for the Upper Eastside alternative have deviations above 10 percent. And not only can we not recommend that you adopt those because of a risk, I would tell you that if you adopted those, even the least trained voting rights lawyer could go into court, get a judgment against the City and collect a City of Miami Page 62 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 large amount of fees from you. So my recommendation would be to wave you away from any of those particular variations. But of the 15 plans that was asked to look at, the remaining 15 have no constitutional or Section 2 issues. You could adopt any of those plans and be, in my opinion andMiguel's opinion andPablo's opinion, within the safe harbor of constitutionality. Now, the March 14 plan that we've given you is currently attached to the resolution. It's on the agenda. You could either move to adopt that plan; however, I do have, for those plans that I have told you do meet constitutionality and do not have the 65 percent problem, I have additional outline maps that if you wanted to move to substitute one of those in, we could make that motion without having to defer for another two weeks or whatever. So. But even if you come up with a variation that is not covered, we could come up with those plans, given a desk to work on, an access to a printer within about a half an hour, so we can help you accomplish this today if that is your desire. And with all that being said, and attorneys always like being -- having a lot said, I want you to know that Miguel, and Pablo and I thank you for allowing us to assist you in this effort. I stand ready to answer any questions you have now or during your deliberations. Chair Sarnoff Thank you. Mr. Cody: Thank you. Chair Sarnoff Do any of the folks in the audience wish to speak? Come on up. Now, please come up. Form a line if you would. Are the Commissioners okay to hear what they have to say? Commissioner Spence -Jones: So we're going to take their comments, and then we'll come back and we'll -- okay. Chair Sarnoff Yeah. I just don't want to hear later on, "I couldn't come, I couldn't stay. " Commissioner Spence -Jones: Yeah. Okay. Chair Sarnoff You're recognized for the record, Mr. Jett. Ken Jett: Thank you. My name is Ken Jett. I live at 8320 East Dixie Highway, here on behalf of Shorecrest HOA (Home Owners Association) and myself. Again, I want to thank all of you. I think I've built better relationships with each one ofyou through this process. I'm extremely excited of the work that I've seen come from Miguel's office and staff. We have legally viable solutions that keep the Upper Eastside in District 2 and in District 5, we do. There is one that does. Chair Sarnoff There isn't. Mr. Jett: There is. Chair Sarnoff He just -- there isn't. The only -- I mean, I'm listening carefully, taking notes. There is no District 2 -- there is no way of keeping District -- Upper Eastside in District 2 without inviting a challenge. Mr. Jett: Can we go back to your District 2 map? The Upper Eastside in District 2, the first one, it is defensible. The only thing is it lowers your VAP to 62.45; is that correct? Mr. Cody: And that's why I'm saying that increases the risk in terms of the 65 percent rule. Mr. Jett: It doesn't -- but at this point, it doesn't violate one person/one vote, your Amendment 14 issues; is that correct? I'm not a lawyer, but I believe we can do it. City of Miami Page 63 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Cody: Do you want me to respond? Chair Sarnoff No, no, no. Mr. Jett: So in any -- Commissioner Carollo: Mr. Chairman, I'm a little confused. I thought there was a `D" plan, the very first `D" -- the very first -- the alternative plan that keeps the Upper Eastside in District 2, the alternative plan. Mr. Jett: Right. That -- Commissioner Carollo: And does that meet all legal requirements? Mr. Cody: The Upper Eastside in District 2 alternative, the original one -- Commissioner Carollo: Right. Mr. Cody: Does have a black VAP -- let me find that report. Commissioner Carollo: Sixty-seven point something. Mr. Cody: Yes. That one does meet the 65 percent, but, I mean, I also indicated that it didn't meet the criteria you gave, plus it underpopulated District 5, which we had been asked by Commissioner Spence -Jones to try to overpopulate her district. We couldn't accomplish all of those things in that particular -- Commissioner Carollo: Right. What you're saying is that it didn't meet all the criteria that this Commission had spoken about and so forth, and I'm going to ask you later what's all those criteria but -- Mr. Cody: Sure. Commissioner Carollo: But legally, it is defensible. It may not have met all the criteria that we're saying we want this or we want that, but legally, it is defensible, correct? Mr. Cody: That one has a black VAP above 65 percent. Yes. And that -- Commissioner Carollo: Listen -- Mr. Cody: If challenged, I think you would have a better chance of overcoming that challenge than you would with the three Sarnoff variations -- (cough) -- excuse me -- to that plan. Commissioner Carollo: And I'm not an attorney. I'm not a litigator and all that, but the bottom line is yes or no? And obviously, there is no absolute. But legally challenged, it is defensible, correct? It meets every, every, every percentage, every -- everything you've mentioned, it meets. Mr. Cody: That it does, yes. It would -- Chair Sarnoff. No, wait Mr. Cody. With all due respect -- Mr. Cody: Yes. Chair Sarnoff. Being a litigator, I happened to listen not only to what was said today but what was said yesterday and what was said the day before. I was told had a primarily minority - City of Miami Page 64 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 majority district, which was Hispanic -- Mr. Cody: Right. Chair Sarnoff. -- by 52 percent. Mr. Cody: Right. Chair Sarnoff. This plan brings it down to 48 percent -- Mr. Cody: Right. Chair Sarnoff. -- a four percent reduction, which you had said earlier, it goes below 50 percent. A Hispanic plaintiff could prevail in saying that you have now created a minority -minority district purposely. Mr. Cody: That -- I apologize. I was speaking to whether a black litigant could challenge District 5. It is entirely possible that by dropping in the Upper Eastside in District 2 alternative, the Hispanic population, which had naturally grown to above 50 percent, taking it below 50 percent, that you could face a challenge on the -- I don't want to say the other side of the courtroom, but from a different set of litigants so that is -- Unidentified Speaker: Court? Mr. Cody: Yes. Chair Sarnoff. I'm just trying to -- So your statement a moment ago that it's okay, it's okay, but it invites a challenge? Mr. Cody: It's okay, but it invites a challenge, but this time from Hispanic -- Chair Sarnoff. Yeah, as opposed to a black person, an Hispanic person. Mr. Cody: Right. Chair Sarnoff. Okay. Not a Jewish person. Right, I get it. So, okay, I just -- when we make blanket statements -- andl try to follow along carefully, you know, and you have citizens out there going, `I got myself a plan, " they really don't have themselves a plan. Mr. Cody: Right. Chair Sarnoff. Because the theory we're doing here is not to go to court; in hopes thereof. Mr. Cody: Right. Chair Sarnoff Okay. Mr. Cody: Because even if you win in court, it's going to cost you hundreds of thousands of dollars to -- Chair Sarnoff. And we love spending attorney's fees. Mr. Cody: Yeah. And it won't be me, because -- Chair Sarnoff. Because you'd be the witness. City of Miami Page 65 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Cody: I'll be a witness. So -- Chair Sarnofff. Okay. Commissioner Spence -Jones: Mr. Chairman, if we could just allow for the citizens to like finish? Chair Sarnofff. I apologize. Yeah. Commissioner Spence -Jones: And then when we come back -- Chair Sarnofff. I just -- I don't want something going on the record -- Commissioner Spence -Jones: And l just want to be here for the discussion, so I'm trying -- Chair Sarnofff. Gotcha. Go ahead, Mr. Jett. Mr. Jett: So thank you. That does mean that there are several other plans that are viable that keep the Upper Eastside together in District 5, and we still stand. We want to stay together regardless of district that we're in. So again, thank you for your efforts. I know that you'll make the right decision. I'm looking forward to seeing it resolved today. And ifI can help during the interim between the breaks, please let me know. Thank you. Chair Sarnofff. Thank you. Yes, sir, you're recognized for the record. Gregory Sandoval: Thank you. My name is Gregg Sandoval. I'm a resident in Bayside. I live at 680 Northeast 69th Street, andl have a unique perspective, a little bit, having moved up here from Coral Gables. I've lived in Miami all my life, since I was a kid. We arrived in 1959. I went to the University ofMiami, the whole thing. Andl've lived in Morningside, andl've lived in Bayside, andl've lived in Belle Meade Island, each over the last 22 years. Andl've built two houses and remodeled one, so I'm very involved in the spirit of the neighborhood as an historic district. Andl don't know about the maps and all the bean counting and the head counting, and let's try and set up this majority, whatever district. You're ignoring the fact that neighborhoods need to be cohesive that have a commonality of people and purpose, and that these -- the historic neighborhoods of the northeast shouldn't just be banded about and tossed around, because they're like so many beans on some guy's map and spreadsheet; that the northeast should be held together from Shorecrest all the way down to 36th Street and all the way into Magnolia along the bay because there is a commonality of issues that those residents are concerned with; with historical issues, with zoning matters, with building the right things. A Commissioner that is overseeing this "ginormous" District 5, which has a whole different set of problems -- of crumbling sidewalks, bad buildings, bad landlords, crime and other societal issues -- has his or her hands full, and don't think that we'll get the proper attention, because I think that Commissioner will probably look at the Upper Northeast and say, "Well, they -- it's a nice district. They're comfortable. I don't have to worry about them too much. I got my hands full over here," trying to building an apartment building, or a low income project or what have you. And don't think we're going to get any -- we're going to get proper attention once we get shunted into District 5. We're going to be the stepchild of District 5. So I don't want to be in a district that, all of a sudden, where we have no hope of voting in someone from the neighborhood who actually lives in Bayside, because the numbers have all been so skewed by this consultant and this mythical 65. Where'd this 65 percent come from? I would ask the consultant, what federal law, what state law, what makes 65 percent so high and (UNINTELLIGIBLE) except a guarantee that Spence -Jones could be re-elected forever? Chair Sarnofff. If you listened carefully here, he cited the Federation Jewish case, which is a Supreme Court decision. He gave us the law. And if you had the opportunity to read it -- I read City ofMiami Page 66 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 it. It says exactly what he says. Mr. Sandoval: But still, it's the -- it's the breakup of the neighborhood where I don't think we're going to get proper attention paid to our issues -- Chair Sarnoff. I understand. Mr. Sandoval: -- because the problems of District 5 are huge, and it's a huge district with many problems that are completely different from the Eastside's problems and concerns. Chair Sarnoff Thank you. Mr. Sandoval: Thank you. Chair Sarnoff. You're recognized for the record. Peter Ehrlich: Thankyou. Good afternoon. Peter Ehrlich, 770 Northeast 69th Street, andl live in Bayside. I'll be very brief. As you know, the Upper Eastside had three or four meetings where we had 125, 225 people showed up, and we voted unanimously to stay together, either in District 5 or District 2 on the website, City ofMiami website. And with the presentations today, it looks like there is a viable option for the Upper Eastside to stay in District 2. I think it was the first option that might have been shown on the maps today. Andl think we do have many -- we are very close, people in the Upper Eastside, inShorecrest, Belle Meade, Bayside, Magnolia Park, Morningside, Palm Grove, and we all have been fighting many, many issues, and we fight them together, whether it's streets, or zoning, or MiMo (Miami Modern) District, and we would like to stay together, and it does look like there's a viable alternative to keep the Upper Eastside in District 2. Thank you very much. Bob Powers: Bob Powers, 565 Northeast 66th Street. You guys were asked to keep the Upper Eastside together. We voted to stay together as a group. We'd like you to follow that, and that's all I've got to say about it. Thankyou very much. Grace Solares: Hi. Grace Solares, Miami Neighborhoods United. Miami Neighborhoods United supports the desire of the Upper Eastside to stay together whether it's in 2 or in 5. Thanks a lot. Chair Sarnoff. All right. Well, we've heard from the public. We've heard from our consultants. We will bring this back. We should probably do it -- we have you at 3: 45 with a time certain of 4 o'clock, audited financial statement update. Why don't we bring this back at about a half hour for your financial, audited financial? 4: 30 okay? Commissioner Carollo: I do not. Chair Sarnoff. I just want to know, is anybody leaving at 6? Is any -- 4:30 -- Vice Chair Gort: Mr. Chairman. Chair Sarnoff. I'll bring it -- Vice Chair Gort: I have to leave at 6. Chair Sarnoff. Okay. Let's bring this back at 2:30. 2:30. Commissioner Carollo: So the first item in the -- City ofMiami Page 67 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff It's not going to be the first. It'll be the second item, probably. All right? Thank you. We're in adjournment for lunch. Later... Chair Sarnoff All right. Little bit of input from your guys. How do you want to proceed? Do you want to just continue taking the agenda, or you want to go back to redistricting or -- Commissioner Carollo: My interpretation was we were going to take the first item or the second item when we came back from lunch, and it was redistricting. I mean, I didn't say anything. I was just baffled that we were taking all these items and not doing redistricting, but, again, I go with the flow. Chair Sarnoff I got you. So let's go back to redistricting. Commissioner Carollo: I'm sorry, Chairman Sarnoff we're missing Commissioner Spence -Jones, andl think it should be all five Commissioners. Chair Sarnoff Here she is. Commissioner Suarez: Just like that. Chair Sarnoff Are you ready? Mr. Cody: Yes, thank you. Mr. Chairman and members of the Commission, during the lunch hiatus, I was asked by Commissioner Carollo to see ifI could make some changes to his Upper Eastside and District 2 alternative. Working very quickly with Pablo, we came up with an alternative, and he's asked me to walk you all through it. As you can see by the map up there, there are three colored areas which I'm going to zoom in on, that move -- again, I didn't have time to do a full presentation in half an hour, but if you take a look at the portion of the map, the blue area runs from Miami Avenue to the Metrorail line. The north part of that is Northwest 5th Street, and the southern boundary of that blue area is the Miami River. The green area is also bounded by Miami Avenue to the Metrorail line on the west, Miami Avenue on the north to Southwest 13th Street, and that is moving area from District 2, the blue area, District 2 into District 5, and the green area moves area from District 2 into District 3. Now, this is an additional area that we have moved from District 2 into -- excuse me -- from District 4 into District 2. And the purpose of doing this was an attempt to see if we could raise the Hispanic population and voting age population of District 2 into the majority area, but first, have you take a look at the deviations. This plan comes in at 7.76 percent. It does -- let me just back up for a second. I didn't zoom in on it, but as you can see, it does maintain the wedge and now puts something up on top of the wedge, coming all the way out to Miami Avenue. The -- excuse me -- the deviation, 7.76. The least populated district is still District 5, but now only by 3.59 percent below ideal. District 2 goes to 4.16 percent. The black population in District 5 is 69.26. Black VAP is above 65 percent in District 5. And the Hispanic population in District 2, we just crossed the 50 percent line, and the Hispanic VAP is above 50 percent. Again, this is not -- Chair Sarnoff How do you get -- this is an interesting mathematician. I'm going to ask for Suarez' help on this. My Hispanic population is 50.09 percent, but my Hispanic voting age population is 50.28 percent. Commissioner Suarez: I don't think it's possible. Chair Sarnoff That is an interesting mathematical equation that suggests your numbers could be wrong. City of Miami Page 68 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Cody: Well, I'm drawing this from the census information that I've got. However, I can tell you that unlike many Hispanic communities across the country, in the City ofMiami, and especially -- well, especially in the City ofMiami, your Hispanic population tends to be older than -- so that gives you a number where the Hispanic voting age population -- Chair Sarnoff. Did you ever take logic in school? Commissioner Suarez: No, no, I think -- let me -- May I? I think can try to explain it, and I could be wrong, but please correct me if I'm wrong. You're saying the Hispanic population is based on the census numbers, correct? In other words -- Mr. Cody: All of this is based upon the census. Commissioner Suarez: I understand, but stick with me here for a second. I don't know why you took the graph away from me. Mr. Cody: Okay. I was going to pull into the program that actually has -- Commissioner Suarez: Yeah. Just put it back the way it was so I can explain it to the Chair the way I think, mathematically, the only way I think it makes sense. If you're saying the Hispanic population of the area is 50.09 percent, that's the number of Hispanics versus the total population, correct? Mr. Cody: That is the Hispanic population component of District 2. Commissioner Suarez: But if -- the voting population generally is a different population. It's a different set of people, because there's less voters than there are actual general public. So it's possible that the voting -- the Hispanic voting population is higher as a percentage of the total voting population, it is. Chair Sarnoff. It's -- a sub -set of a set can never be bigger than the set, itself. Commissioner Suarez: No, no, no. You're looking at it in the aggregate. This is a percentage of a number. So what I'm trying to tell you is that this is a percentage of one number; this is a percentage of a different set. Mr. Cody: Because what you do with voting age population is we extract out all the people 18 -- or under 18 and exclude them. Commissioner Suarez: This is a percentage of the actual voters that are Hispanic. This is a percentage of the actual people. Commissioner Carollo: Exactly. Commissioner Suarez: Two sets of numbers. For example, there's three hundred and something thousand people, supposedly, in the City ofMiami according to the census. But there's only 140,000 registered voters. So you can have two different Hispanic populations of those two different sets of numbers. Mr. Cody: So it's what is left after you take out the children, and because there is -- In the City ofMiami, the Hispanic population skews older. In a lot of communities -- in Texas and California, the Hispanic population, because it's a younger population, they're still having children, that population skews younger, so you will see a larger VAP number for Hispanics than you do in the City. You have a lot of outflow of younger Hispanics from the City out into neighboring areas, and that's why; that's why this particular number is there. The people who City ofMiami Page 69 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 are left behind are -- Commissioner Suarez: To give you an example, in my district -- Mr. Cody: -- the pensioners and the Social Security people, to a larger degree than just the general population. But this is what Commissioner Carollo asked me to do up very quickly. So. Commissioner Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Commissioner Carollo: Let me be clear. This isn't my map. This is -- realistically, what I have done is -- Listen, from the beginning, I heard that the Upper Eastside wanted to stay in District 2 or District 5. Andl kept hearing, "It can't, it's impossible, it's impossible, it's impossible, " you know? So in the last meeting, when it was requested to have District 2 all -- I'm sorry -- Upper Eastside all in District 2, the first map that was produced, pretty much, it was impossible. Andl said "Well, can it be tweaked? What about if we do this? What about if we do that?" And realistically, I wanted to see if it is possible, you know. That's all I'm looking for, because if it truly was impossible, then, you know, the argument that all Upper Eastside can stay in D2 or D5, then, come on, you have to be realistic, and then, you know, it's not pragmatic. However, all did was just ask questions, and especially -- I'll be honest with you -- especially since the last Commission meeting, when there was a lot of well, this street, and that street, and all of a sudden, it got all cut, andl said "You know what? I think need to get a little bit more involved with all the streets and see what's what, and works," this and that. So I did become more involved, andl asked for an alternative plan to that District 2. And realistically, all that I did was ask exactly what the Commission asked: Give us an alternative. Give us an Upper Eastside that is in D2. We have one for D5. So all said "Okay, let's see one that has all of Upper Eastside in District 2." I also followed all the other parameters. Listen, I remember -- I think it was the last Commission meeting, Commissioner Suarez, or the one before where you said, "Listen, I think it's doable if we just tweak. If all of us give a little bit from our districts, I think it's doable." I think this is exactly what happened in this map. And by the way, I'm not married to this, so I don't mind if there's a tweak there, there's a tweak here and, you know, so I'm not married to this. But what I'm saying is, it's doable. So I'm just saying let's work on it and let's do something; that, you know, we could all, you know, give in a little bit and come to a consensus, but that the residents are also happy. And again, if before, like I was told, it can't be done, then, hey, you know, we have to move on. But I think we're seeing that it can be done. So I'm just, you know, again, saying, hey, let's work with it. Let's move forward. Chair Sarnoff. Fair enough. Commissioner Spence -Jones: Mr. Chairman. Chair Sarnoff. You're recognized. Commissioner Spence -Jones: Yeah. I have a couple of points that do want to make, and let me start with saying from the very beginning of this process, we talked about really whose districts would be impacted the most by the decision we make, and it was very clear that the decisions that were going to be made were going to be impacted by the D2.5 [sic] and the -- D2.5 [sic] and D5 (District 5) Commissioner. Quite frankly, our responsibility is to make sure that we look at every aspect of what happens in this decision. Today is a prime example -- was a prime example of -- I couldn't even sit on the dais anymore because, you know, when you hear comments without even saying, "those people, " those kind of statements being made in an open forum about a particular community, quite frankly, that we've worked very hard to try to clean up -- yes, it has its challenges. Yes, it has its issues. But to make any derogatory comments about broken sidewalks or what's happening in those neighborhoods I think are actually pretty offensive. Both Commissioners, Carollo and Suarez, have said on this dais a couple of times -- City of Miami Page 70 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Well, both Carollo and Suarez, we share a district, we share a community. And even though he's the district Commissioner in one area andl'm the district Commissioner in the other area, we work together. There's not a issue. We use the resources. Actually, that particular community actually gets more out of that than having one Commission [sic] serve. What I -- what is really concerning to me is when decisions are being made not necessarily based upon the people that represent those particular communities, but because of our own -- andl'm not saying any particular person -- but own personal agendas. And the reality is, you know, the D2.5 [sic] and -- D2.5 [sic] and D5 Commissioner understands those neighborhoods in which we represent. I said in my last meeting -- the last discussion we had here that we keep talking about the numbers for the 2010 census, and I've actually brought some pictures because I wanted everyone to have the reality of what I'm talking about. Commissioner Carollo, I appreciate your additional diligence to, you know, try to find additional numbers -- Commissioner Carollo: It's an option. Commissioner Spence -Jones: Right. -- 69 percent, but we keep basing this on a census that took place in 2010. While I understand why we must do it, but there still is a reality from the standpoint of those people aren't there. So even though you say the numbers are there, they're really not there. So I have about 25 photos of abandoned properties in my district. I just chose Liberty City, the easiest one. Note for the Record: At this time an audio -video presentation was made. Commissioner Spence -Jones: Abandoned properties, houses, buildings where people are no longer living, abandoned lots where the people are no -- and in a three-year period. Some of them are longer than that, but for the most part, in a three-year period. And then I asked during the break -- because I want to be sensitive to everybody's issue, but at the end of the day, after I'm gone andl'm no longer here, the district Commissioner sitting here, I want to make sure that I'm not creating a issues or problem for them. Andl cannot sit here in good conscience and vote on something when I know the population is just not there. So I just want you to have a understanding of when I tell you -- you know, we keep talking about voter population, and we keep talking about people, we talk -- the reality is in the Upper Eastside, we see very few properties that are like this 'cause people are living in them. So when we start adding these percentages and thinking that we have people, I can't rely on that. I can't -- and then when you start talking about taking populations from other groups or other areas to make up the population, the people loss, my numbers are still going down 'cause the people aren't there, no matter how we look at it. So I just wanted you to just take a look at some of these images. Andl really would ask my fellow Commissioners -- here's another property. These are all abandoned properties where people and bodies were living in that are no longer there. And this is just Liberty City alone. So you're talking about families that were living in these buildings, that were living in these houses that are not living there anymore. I asked them to break -- 'cause I just wanted to get an idea of -- in Liberty City, what is the foreclosure -- you know, what's been the foreclosure -- what's the percentage of foreclosures in -- just in Liberty City alone? Forty five percent foreclosures. So that means people aren't there. So I just want -- you know, I want Upper Eastside to be happy. I understand that this is something that's really important to them, but I want them to also understand that it's really important to me as the district Commissioner to make sure that even after I'm not here that I'm not creating a problem for the people that live here. So I thought that part of our compromise that Commissioner Sarnoff andl kind of somewhat came up with was a good compromise. Even from the last meeting, member -- a member from, I believe, the Morningside Civic Association agreed that -- or at least you had support from them. You had at least two letters of support from them regarding this issue. So I just -- I don't want to go back and forth on, to me, what I consider to be a dead issue, but I am very concerned when I hear people speak about other communities or other people in an offensive way because they don't really want to be attached to a particular community, even though you say, I don't mind being in D2 (District 2) and D5, but then on one note, you say that, City of Miami Page 71 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 but then on that same mike, you say something totally different. It's just not right. So I'm not going to go back and forth on this issue. And I'm going to say to my fellow Commissioners, please, do not get involved in the politics. At the end of the day, I have to represent a district. We both have to represent a district. We know our districts better than you guys in your district. We know our district. And at the end of the day, we have to serve that district. Andl think that the compromise that we came up with or at least that was suggested -- and) don't mind continuing to tweak it -- it's something that both sides get something out of it. And I'm just -- it's just really -- it's really just kind of disheartening just to kind of hear, you know, some of the things that are being said. Andl -- you know, I -- and then to see my fellow colleagues, you know -- you know, I'm the district Commissioner for the area. I'm telling you what's there. Do you want to take a ride? Do you need a tour? I'll show you. I tried to go out and get the pictures so you understand what I'm dealing with in my district. Those numbers aren't real numbers from three years ago. They just aren't. So what you think you're giving me by giving me more population, you're not giving me. What you're saying to me, "Well, you have 67 percent African Americans." No, I don't, 'cause the people aren't there, you know. So it's hard for me to have this discussion. So, to me, I would ask that in the midst of this discussion that at least the D2.5 [sic] and D2 Commissioners at least be able to weigh in on this issue, because at the end of the day, from the very beginning of the process -- I'm the one that pushed that a process like this take place because we needed to at least handle the lack of population that I had in my district. And now we're at this point where you got the two people that are affected by it the most and that's not being respected. So, I mean, that's my point. Chair Sarnoff I'm willing to debate Upper Eastside all in District 5. I'm willing to debate Upper Eastside all in District 2. I am willing to debate the Morningside issues staying in it. She's -- Commissioner Spence -Jones is right. I got another letter dated May 22, which says they do -- Morningside wishes to remain part of District 2. So I think there's something -- Unidentified Speaker: (INAUDIBLE). Chair Sarnoff Not Morningside. Unidentified Speaker: (UNINTET,TIGIBT,F). Chair Sarnoff Sure. "Going into Thursday's Commission meeting, I want to reaffirm the earlier stated position, the Morningside Association board of directors, on behalf of our neighborhood, that we wish to remain a part of your district, District 2, through the pending redistrict process. This has and remains our first and foremost concern with this issue . " So -- I mean, there's -- let me get into what I call the minor issues and then we can get into the major issues. 'Cause one of my issues is what I -- what we characterize as the wedge on Brickell, and the wedge on Brickell is population of 653 people. It is 3.68 percent black. It is 60.95 percent Hispanic and 32.92 percent white. That population in Brickell has been something I have worked extremely hard with Brickell. It -- that is nothing more than a land graph. That is nothing more than sticking -- we call it the wedge. Putting a wedge out on Brickell for the District 3 Commissioner to obtain four blocks on Brickell, and -- well, let me finish. Commissioner Carollo: No, I -- Chair Sarnoff And then I'll let you address it. Andl looked at what was going on in your neighborhood with regard to development, because these numbers are a little bit stale. You have a great many projects with cranes going on up there. You have the Aloft Hotel, Brickell Sunview at 1001 Southwest 2ndAvenue; you have the Broadstone Brickell Lofts at 130 Southwest 12th Street; City heights, 145 Southwest 8th Street; Habitat II, 1700 Southwest 2ndAvenue; Armastadt; Renaissance Pointe; Vista Grand; West Brickell Tower. A lot of these, no doubt, are affordable housing projects, but these are projects that are going to have population coming in in the next six months. A lot of these projects are actually going to completion. So there's no real City of Miami Page 72 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 need for you to go out on Brickell and -- you know, I said this at the beginning; I'll say it again. I will not reiterate too much and, that is, it's the thin red line. It's not about the real estate. It's about grabbing population. Your deviation doesn't require you to have Brickell Avenue. Brickell Avenue is a very difficult street and a difficult people to deal with in terms of what their issues are. They're high-rise people. Their needs are very acute. Their tax payments are very significant. They're very demanding. They require three meetings a month: BAA (Brickell Area Association), BHA (Brickell Homeowners Association), and there's one other group. And I'm just not prepared to get my affirmative vote on a Brickell wedge. The other issue, Commissioner Spence -Jones, is -- andl don't know how it got named this. It's called the pig snout, which is that great big bulge out there. That population is 3,329 people. Commissioner Spence -Jones: Can we put a map up while we're talking about this, please? Mr. Cody: Sure. Commissioner Spence -Jones: Thank you. Commissioner Suarez: That makes sense. Chair Sarnoff What's that? Commissioner Suarez: That makes sense, for us to like see what -- Chair Sarnoff Yeah, sure, sure, sure. If you want to go -- you could -- any yours work, but you could do the Upper Eastside District 2 alter -- I'm reading from District 2 alternative. I think the one you just showed us. Any rate, I'll -- go to the map. There you go. This -- so -- Commissioner Spence -Jones: The -- Chair Sarnoff Right. Commissioner Spence -Jones: -- main one. Chair Sarnoff So we kind of call that the pig snout, which is projecting all the way out to Biscayne Boulevard. That particular projection, which I think you've categorized as Movement 15, if I'm not mistaken -- Mr. Cody: Right. Chair Sarnoff -- is 3,329 people; 4.84 percent are black; 60.48 percent are Hispanic; and 34.68 percent are white. So grabbing that population really just brings down your standard of deviation because you're pulling a population of only, arguably, 5 percent black. Commissioner Spence -Jones: I'm sorry. Chair Sarnoff And that was the one that I suggested and asked you to move back some, to go back to Northeast 2ndAvenue, and that would bring your population to 2,009 -- I don't mean the year -- 2, 009 people; would be 4.84 percent black; 60.48 percent Hispanic; and 34.68 percent white. So interestingly enough, it's the exact same number. And whatl saidl would do in this process is follow the law. Whether I agreed with the law or not, I took an oath andl would follow the law. I'm not going to say thatl agree with everything going on up here. I want to do as much as I can do. I think Commissioner Spence -Jones is right. If there's ever going to be an African American district, you have to try to find a way to create that African American district. The law suggests that you can have that African American district, just like the law suggests -- my district has become primarily Hispanic, andl don't want to damage that by being the guy up City of Miami Page 73 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 here sitting here that brings it back down below a Hispanic district. I happen to believe anybody could win my district. I think an Anglo could win it. I think an African- American can win it. Andl happen to think a Hispanic can win it. And maybe that -- next time that will happen. Someday America will just choose the best candidate. I think it happened once or twice before, but maybe in Miami, we're not quite there yet, but we're heading there very quickly. So those are my points. I am more than willing to debate the all in. I'm willing to debate the all in 5, and I'm willing to debate the cutoff at Morningside. Commissioner Spence -Jones: I just want to add really quickly too. That was one of the issues that had, Commissioner Carollo. We were briefed briefly before we came back in. I was briefed by them, and when I saw -- I don't want to call it the pig snout 'cause that little cutout area was very concerned because, again, I am picking up -- yeah, you're giving me the numbers, but you keep thinking or you -- the assumption is that I really have all the other numbers on the other side andl really don't. So you might be helping with the population, but you're really -- it's really not helping, you know, and that is my concern. The other portion -- andl want to go up a little further -- which was -- I thought that -- maybe I'm looking at the wrong -- I don't know if you can go up a little further. I pick up -- Mr. Cody: (UNINTET,T IGIBT ,F), yes, ma'am. Commissioner Spence -Jones: I'm picking up Midtown as well as a part of this plan. Mr. Cody: On this one, yes. Commissioner Spence -Jones: So -- Mr. Cody: Because it follows down the FEC (Florida East Coast) Rail line. So you get -- Commissioner Spence -Jones: So -- Mr. Cody: -- everything to the west of the FEC. Commissioner Spence -Jones: I just -- I'm just -- Chair Sarnoff You're not comfortable with that, right? Commissioner Spence -Jones: Yeah. I mean, I'm comfortable with what we talked about the last time we were in here. I understand the consultants put a plan together. I totally, you know, under -- I agreed with that plan in the very beginning, but then I heard Mr. Jett in his suggestions. Once he made those suggestions, I said, you know what? I'll make those adjustments, you know. I'll try to include some of those things and you know, to me, the compromise was trying to include, you know, a greater amount of people from the Upper Eastside in one area, and then once I heard that Morningside, you know, andl believe Bay Point -- Bay Point, right? Yeah. -- did not have an issue with remaining together, I'm like, okay, that's a happy compromise in all of this. I mean, I don't understand why there's this feeling that -- and that's why -- you know, for me, I don't like the undercurrents that I'm feeling from this discussion, because even though you say I don't care being in D2 or D5, but then on top of that, in the same conversation, you're saying very negative things about D5, you know. So is this just an argument just for the sake of having an argument, because, really, the ultimate goal is to be in D2 'cause you don't want to be next to those people? I'm not really sure. Andl don't -- I try not to operate from that perspective. I really don't. But when I'm hearing these kind of comments, I'm very, very concerned about them. And this whole lawsuit, from day one, the whole purpose behind this whole lawsuit was because of the fact that there was a -- you know, not proper representation and that's what the lawsuit was all about. And now I'm going to get up here and make a decision that may dilute it even more when I know the reality of my district, and I know that you guys City of Miami Page 74 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 don't know the reality of what is actually there? And I'm just saying, just don't play games with D5. Just don't play games with them. I know what's happening in that district. And I'm telling you right now, the people just aren't there. So, to me, the best compromise was allowing -- andl agree with Commissioner Sarnoff. I mean, why am I -- why wouldl be diluting the Anglo vote -- Anglo people that's in his district, even though I know the lawsuit is not about that? But the only place he can pick up any Anglos is on the Upper Eastside and, you know, downtown. Now you're taking downtown out of that too? I just -- to me, I think that what we came up with or what was suggested -- andl don't mind tweaking 'cause I don't -- it don't even have to be called the Spence -Jones plan. I don't -- don't call it that plan. Whatever came out of this last meeting where we said that we could find compromise between the two, where we would split, just like you mentioned -- both you guys, Carollo and Suarez, "We share Shenandoah. They're right across the street, and they" -- "we work well together", you know. So now, you know, it's like, okay, what's the difference? Do you think that, you know, a D5 person can't represent you well? I mean, that's just -- that's a very hurtful thing to say. Unidentified Speaker: (UNINTET,T IGIBT ,F). Chair Sarnoff Commissioner -- Commissioner Spence -Jones: No, no, I'm just simply making a statement. We've all -- all the public comments on this issue. I think we public comment out. But it's just -- you know, it's not even the people in this chambers. It's the phone calls I get afterwards, you know, from people that are watching this. You know, it's just -- we have to be mindful and sensitive to people. You know, it may not be the greatest neighborhood to you, but they're people that love their neighborhoods, just like you love yours. Chair Sarnoff Commissioner Gort. Vice Chair Gort: Listen, I thinkl was part of the 1995 when the City had to go into districts, and the reason we had to go to districts, we were taken to court. 'Cause for the first time, an African - American was not elected at the City Commission. It was all Hispanic elected at that time. Not that we talked about creating the district represented by the African American, but at the same time, by the Anglo community 'cause they were losing the vote. That's where the districts are the way they are today. I personally feel this is a deal with the District 1 [sic] and District 5, andl think the two of you should work it out. Come out and compromise and work it out. You're the one being affected the most. Commissioner Spence -Jones: Andl got to just say this because it's like I really try to work with everybody, you know. Commissioner Gort asked on his end, you know, to -- the section on Northwest 7th Avenue, ifI could keep that -- if he could keep that -- okay, fine. Commissioner Sarnoff, every -- in all these meetings we had, everybody wanted to kind of work together to make sure they got something out of it and everybody compromised. I just want to understand why D5 has to, you know -- in order for this to work, D5 has to compromise the most. I want to understand that. Chair Sarnoff Well, we sort of lost -- Commissioner Spence -Jones: Oh, no, they're going to come -- everybody's going to come back and -- Chair Sarnoff I agree. I agree. Commissioner Spence -Jones: -- deal with this issue. Chair Sarnoff I agree. City of Miami Page 75 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: So I would like to real fast look back at the -- I don't want to call it the Spence -Jones plan. I'm going to call it the Unity plan at this point. If we could go back to the Spence-Jones/Unity plan, or whatever the case may be, can we look at that, please? Mr. Cody: Yes. I have to open that one up. Chair Sarnofff. Going back to the Spence -Jones -- well, it's labeled the Spence -Jones plan. We'll call it the Unity plan. Commissioner Suarez: The -- which one? Chair Sarnofff. Unity plan. Commissioner Suarez: Unity. I like unity. Sounds good. No? We don't like unity? Mr. Cody: Okay, so this is the overview map. Over here, we can zoom in on -- Commissioner Spence -Jones: So if we could just start on -- let me start from the southern end of it so I'm clear to -- and then we'll move up. `D" -- I don't want to call that thing the pig snout thing. Is this particular section, is this the same section that Carollo was talking about picking up? Chair Sarnofff. No. Go a little further. It's right there. Bottom. See it there? That's -- we call that the wedge, the southernmost part. Commissioner Spence -Jones: Yeah, you talk about on the bottom. That's -- Chair Sarnofff. Right. Commissioner Spence -Jones: -- between him and your district, right? Chair Sarnofff. Correct. That's (UNINTELLIGIBLE). Commissioner Spence -Jones: Right. I'm speaking -- 'cause that's something that you guys, I'm assuming, will work through. But I totally agree with you, Commissioner -- Chairman Sarnoff about that section. I mean, quite frankly, you really need to try to pick up as much -- as many Anglos as possible. Adding more Hispanics, to me, in your district will create that issue. So I don't want to get into that, but that's between you and Carollo, and you guys can work that out. But since it's my district, I want to communicate about my district since that's attached to yours. So the area that's sticking out or protruding out, that's the section -- is that the new section that we're picking up in this plan? Chair Sarnofff. Yes. Commissioner Spence -Jones: Is that the area that you were speaking -- is this the Park West area? Chair Sarnofff. This is -- yes. That is -- he calls it Movement 15. Mr. Cody: Fourteen. It was 14 in our big report. Commissioner Spence -Jones: But that's the Park West area? Chair Sarnofff. Correct. City of Miami Page 76 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mr. Cody: That conforms to the boundaries of the Park West/Overtown -- Commissioner Spence -Jones: Right. Mr. Cody: -- CRA (Community Redevelopment Agency). Commissioner Spence -Jones: Andl said that based upon his recommendation in the last -- it's not depicted in here, but I did make the comment since -- again, I'm giving a little in this process. I don't have a problem with if he wants to keep Park West with the downtown core 'cause I understand that all that works together. So that really -- I don't have an issue with giving a little, and giving a little on that is to allow for that to remain there. Not a problem. And as he stated, I'm picking up -- if there's a problem, communicate it. Mr. Cody: No, no. I'm just making sure that Pablo is taking copious notes. Commissioner Spence -Jones: Okay. Mr. Cody: If we have to go back and -- Commissioner Spence -Jones: Okay. Mr. Cody: -- redo some maps -- Commissioner Spence -Jones: Because -- Mr. Cody: -- really quickly, I want to make sure that -- Commissioner Spence -Jones: No problem. Mr. Cody: -- we get -- Commissioner Spence -Jones: No problem. Mr. Cody: -- every detail. Commissioner Spence -Jones: Because at this point, you told me that we would be picking up -- I'll have, what, 5 percent African American in here? Chair Sarnoff Correct. Commissioner Spence -Jones: But I have -- what are the numbers again? Chair Sarnoff. Your numbers would be 3,329 people: 4.84 percent African American, 60.48 percent Hispanic, 34.68 percent whites. Commissioner Spence -Jones: Right. So I don't have a problem with allowing you to keep that. Chair Sarnoff Okay. Commissioner Spence -Jones: It's not an issue for me. Chair Sarnoff Then my only other issue with this would be the wedge and that's where Commissioner -- City of Miami Page 77 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: Carollo to come back and let you know. Mr. Cody: Well, just to be clear, are you talking about taking off the entire CRA boundary or just moving from Biscayne to 2ndAvenue, just so that we can be clear? Chair Sarnofff. The -- she -- I'd like to get -- I'd like to keep the line straight. Mr. Cody: Okay. Commissioner Spence -Jones: That's what I thought we had in the very beginning. Chair Sarnofff. Right. Mr. Cody: Well, that's what we did and then -- Commissioner Spence -Jones: I know, but I'm -- Mr. Cody: -- you all indicated -- Commissioner Spence -Jones: -- in the spirit of compromise -- Mr. Cody: Okay. I just want to make sure because (UNINTELLIGIBLE) -- Commissioner Spence -Jones: -- I'm trying to at least be mindful to the other considerations as well, all right. And then as we go up, I know Gort asked me on -- in -- as a part of our discussion here, on your left-hand side -- I just want to make sure, 'cause it looks like it curves in a little bit -- are we still picking up -- is he -- am I still giving him above 20 -- is that -- Mr. Cody: Second. Commissioner Spence -Jones: -- 20th -- 29th? Mr. Cody: No, 22nd Street. Commissioner Spence -Jones: Twenty-second to thirty -- Mr. Cody: Well, you -- what you -- Commissioner Spence -Jones: -- thirty- fifth, right? Mr. Cody: -- if you come out to 7th Avenue up to 22nd Street, and then on 22nd Street, it goes over to the center of I-90 -- Commissioner Spence -Jones: I just want to make sure what -- the request that he has asked for in this. Mr. Cody: Right. And that's what this is. That's what that shows. Commissioner Spence -Jones: I just want to make sure. Mr. Cody: Okay. Commissioner Spence -Jones: So that is included? Mr. Cody: Yes. City of Miami Page 78 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: All right. So as we move up, I think that -- I just want to be clear -- where --? 'Cause it -- to me, the district kind of looks like a key. I always -- when I look at the district, District 5, it always reminds me of a -- now it's a protruding key, but it always used to look like a key. The area where it's indented, where the highway goes over, what highway is that again? I just want to make sure where we're indented in. I can't see on this -- Vice Chair Gort: It's 112, isn't it? Isn't it 112? Mr. Cody: Well, across where the islands are, that is 1-395. Down -- right below where the 5 is, if you come down and that little shoulder -- Commissioner Spence -Jones: Right. What is this right here? Mr. Cody: That's 1-395. One -- State Road 112. Vice Chair Gort: Thirty -Sixth Street. Commissioner Spence -Jones: So this -- in this section over here, is this -- right -- does this keep -- 'cause it's hard for me to read these little things. Does it keep Commissioner Sarnoff -- Bay Point and Commissioner Sarnoff, this piece -- this portion here? Mr. Cody: Well, no. That's -- the line that goes over to those islands, that's 36th Street. That's the highway over to Miami Beach. Above -- that's 36th Street. From there up to 6th, which is the dividing line between Morningside and Bayside, that's 61 st Street where it comes out all the way to the edge of the water. Commissioner Spence -Jones: But -- I guess my question is does -- what I'm seeing here -- 'cause like it's -- you might be able to see it well on here, but I can't really -- it's really faded on here. Is this keeping Bay Point andMorningside at least together? Mr. Cody: Yes. This plan keeps -- starting at 36th Street and going north, it keeps Magnolia Park, which is the southernmost neighborhood, Bay Point andMorningside in District 2. Commissioner Spence -Jones: Okay. Mr. Powers: And then above that, everything and Palm Grove, which is -- runs north and south, that moves into District 5, along with Shorecrest, Belle Meade, and Bayside. Commissioner Spence -Jones: All right. So this is my recommendation, a unity plan. I would like to hear from Commissioner Carollo on District 3 to see, you know, what his viewpoint is, 'cause that's really where the issue lies. But once we hammer that out, then we can figure out where we go from there. But, you know, I think that District 5 has really -- we've made a lot of compromises, and I'm just not understanding why that's not being seen or understood. Chair Sarnofff. Commissioner Carollo -- there he is. Commissioner Spence -Jones: So, Commissioner Carollo, I don't know where the section is that you were trying to pick up. You want to go back to your map? Commissioner Carollo: Well, honestly, I just don't want to waste my time. Commissioner Spence -Jones: Okay. Commissioner Carollo: Like I said, listen, I'm not married to any one of these. City of Miami Page 79 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: Okay. Commissioner Carollo: The bottom line is, District 3 is underpopulated. This was a way that we don't gerrymander, and we just continue the same thing that has been there before, except we just move up east a few blocks and pick up a few residents. It's not gerrymandering. And the bottom line is, I don't want to hear and waste my time, debate for an hour whether I should pick that up or not, and then, realistically, the Upper Eastside is not all whole and we don't approve it anyways. So, listen, I think we need a lot more debate before we make this a D3, D2, and stuff like that. Commissioner Spence -Jones: Okay. Commissioner Carollo: 'Cause it's really not about me. Commissioner Spence -Jones: Okay. So you -- basically, you're fine with whatever D2 and D5, on our side, what we are supportive of? Commissioner Carollo: No, I'm not saying that. Commissioner Spence -Jones: Okay. What are you saying? Commissioner Carollo: What I am saying is I think there needs to be more debate before we get into a little wedge, a debate about a little wedge. I think we need to get into a debate about whether we're keeping Upper Eastside whole or we're not, we're splitting them up, where are we splitting them up, and all that before we get into a little wedge. I don't think the little wedge is the big issue. Andl don't think that -- Commissioner Spence -Jones: Okay. Well, on our -- Commissioner Carollo: -- the focus shouldn't be on me. Commissioner Spence -Jones: Okay. No, what we've just -- while you were out -- Commissioner Carollo: I heard you. Commissioner Spence -Jones: -- D2 and D5, we were working through a compromise, and even Dl. And, basically, in my comments -- in my discussion, I talked about how we all gave a little. So I think the concern -- and I'm not going to speak for the D2 Commissioner, 'cause he can speak for himself -- was that he's going to pick up more Hispanic population if he does -- deals with your wedge in that, and could -- I can understand what his concern would be. But I'm not going to get in the middle of that. But what I am communicating to you, the two Commissioners that are affected the most, D2 and D5, we're on the same page on the northern end. Commissioner Carollo: Right, but here's the irony. Right now you're saying that he doesn't want to pick up more Hispanic? Commissioner Spence -Jones: Um -hum. Commissioner Carollo: But just a few hours ago he was complaining that he was going to go under 50 percent; he was going to go to 48 percent, and that couldn't happen 'cause it wasn't legal. He had to stay up in 50 percent. Therefore, this is actually helping him out. It would actually give him the Hispanics for him to go up -- continue in 50 percent. Chair Sarnofff. Well, I speak pretty well for myself, and -- City of Miami Page 80 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Carollo: That was -- Chair Sarnoff. -- this is not about Hispanic, not Hispanic. Commissioner Carollo: Okay. Chair Sarnoff. This is simply about putting a wedge on Brickell and the reason thereto. Commissioner Carollo: It's not a wedge. All we're doing is moving where the line is right now, which is 1st Avenue, or the Metrorail, a couple of blocks. Chair Sarnoff (UNINTET,TIGIBT,F). Commissioner Carollo: And I'll be honest -- a couple of blocks. Chair Sarnoff. Creating a wedge. Commissioner Carollo: That's all it's doing. Chair Sarnoff. Creating a wedge. That's exactly what it is. It's a wedge. You're wedging out onto Brickell Avenue to capture three or four blocks ofBrickell. Commissioner Carollo: In all fairness, we could even move that wedge even bigger so it carries even -- so it captures more. I have the room for it in District 3. I'm underpopulated by about -- I forgot what it was -- 2 point something percent. So, in all fairness, we could either move so it won't be a wedge. It could be more of a -- you know, from the river all South Miami Avenue. And by the way, I don't really -- Chair Sarnoff. And if you have support for it, go ahead, but -- Commissioner Carollo: -- think the Brickell people are all that different. I mean, you made a lot of statements like, Hey, listen, they have their own needs or their -- Chair Sarnoff. I think they're very different. High-rise people have never been well represented in the City ofMiami. High-rise people see their lives significantly different than those of us, like you and me, who happen to live in a home. Commissioner Carollo: But that doesn't mean that someone from Little Havana can't represent them and represent them well. Chair Sarnoff. I never said anybody from Little Havana. I said a person that lives in a home. And you have to have spent the time and spent the energy going to the BHA, BAA meetings and understanding their issues to suddenly say, Well, now I'm going to have some ofBrickell. It's -- Look, from my perspective, I have worked very, very hard to gain the trust of the folks on Brickell. I've worked very, very hard to gain -- to get them Brickell. I've worked very, very hard to do a public works project on Brickell that's never been seen before that will start sometime this summer. I'm not inclined to give up Brickell. And when you factor in your population that you're about to net through the projects I spoke about -- and if you want to compromise and you want to go to Miami Avenue, I would enter into that compromise. But I'm not prepared to compromise to go into Brickell. Commissioner Carollo: (UNINTET,T IGIBT ,F) Commissioner Spence -Jones: So just really quickly, I just want to make sure that the record City ofMiami Page 81 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 reflects, you know, my compromise on the Park West area for the D2 Commissioner. I want to make sure that -- so whatever the new amended plan is, which is the -- again, taking my name out of -- Unity plan, will now allow for that wedge to remain in D2, correct? Not wedge, the snout, the pig snout, whatever. I don't want to call it pig snout. The thing that's sticking out. Chair Sarnoff. Call it the butt. Commissioner Spence -Jones: The butt. I will allow for that to -- I'm cool with that. Not an issue. I will allow for Gort's piece to remain there. Mr. Cody: Well, let me -- ifI can caution the Commission, that area, as Commissioner Sarnoff has pointed out, has 3,332 people. You're already at 8.38 percent. That number of people is about 4 percent. IfI move that, we may be over the maximum deviation level. So I will -- if you give me direction to take that off I will attempt to do that, but can't guarantee until sit down and do the numbers -- Commissioner Spence -Jones: Okay. Mr. Cody: -- whether we're under 10 percent. Commissioner Spence -Jones: Okay. So I don't have a problem with you taking the time to do that. I mean -- Mr. Cody: I can go back -- I've already stolen a desk back in -- Commissioner Spence -Jones: Okay. I don't have -- I don't -- Mr. Cody: -- that room back there. Commissioner Spence -Jones: -- I personally don't have a problem with that, if that's going to accommodate what needs to happen in the D2 area. I do know that, Sarnoff, there's a lot of stuff happening in the Park West area, so -- and there's a lot of strides that have been made there, so that's -- so I don't -- if you want to, we could table this and you can bring back any other comments you have, Commissioner Suarez, on something you want to add. Commissioner Suarez: Thank you. I do have several comments, and I've listened to pretty much everyone, andl think everyone has made a lot of very good points. This is obviously not easy. If this was easy, this would have been done a long time ago. At one point, we've talked about 22 different plans, and it's pretty clear and pretty evident that neither one of the 22 plans satisfies everyone, so that's something we'll have to be conscience of. I think -- I do -- these are some of the things that I do believe. I do believe that -- or I do not believe that a Commission district equals a neighborhood. I don't believe that, okay. I think a lot of candidates who run for office takes them to while to even figure out what the boundaries of the district are. So I don't think people define their neighborhoods on the basis of district -- Commission district boundaries. I just don't. Like I said and I've said before with -- I share boundaries with actually three Commissioners. I share a neighborhood with Commissioner Carollo thatl -- him andl, I think, have served very, very well. I serve a neighborhood with Commissioner Sarnoff, and we -- I think those residents are very happy. Andl share neighborhoods in Flagami with Commissioner Gort, and we've gone to common crime watch meetings, neighborhood meetings, flooding meetings, et cetera, andl think those people feel -- I'm sure they don't even know where the boundary is, as a -- I'll go a step further and tell you, I'm sure that they do not know where the boundary is, and I'm sure the vast majority of the people in Miami don't know where the boundaries of all the Commission districts are so. Andl could tell you that 'cause I've walked a lot of homes in this City and in my district. I have felt always from day one that if we all compromised that we could have kept the Upper Eastside united. I do feel that way. And if that's City of Miami Page 82 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 something that we're able to do and we're willing to do, then great. I also feel that it's clear we're going to need four votes for whatever we want to do, because there's looming threats of vetoes and other actions like that. So, you know, those are my thoughts. I'm actually -- having listened to everyone, I think could support both plans, to be honest with you. So it all depends on where everyone else lines up and where the votes are in terms of -- you know, it's not going to make -- either plan is obviously not going to make everybody happy, bottom line. So I'm going to leave here today and someone's not going to be happy with my decision, and that's life. That's -- you know, that's leadership, you know. You try to make the best decision for your residents and for the citizens of the City ofMiami and you know what? Next Commission meeting, we're going to make a bunch more. So, you know, we're going to make the best decision that we can all come to and we're going to move forward and then we're going to move on to the next decision in the next Commission meeting, and you know what? The City's going to keep functioning. So those are my thoughts. Thank you for listening. Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: Can we table this? Andl know I have a time certain at 3: 45. Can get five minutes -- Chair Sarnoff Yes. Commissioner Carollo: -- just for a quick preparation? Chair Sarnoff Let's go in recess for five minutes, and then we'll bring you back -- we'll give you a little while to work on this. Mr. Cody: Well, do you want me to do anything with what we're calling the Unity plan, which is the Spence -Jones plan without the pig snout? Do you want me to do anything about the wedge or not at this point? Chair Sarnoff I would do without the wedge. I'd do the wedge to Miami Avenue just to see if we can enter into a compromise. Commissioner Suarez: What I think you should condense -- Can I -- may I just --? Chair Sarnoff Go ahead. Commissioner Suarez: I think we should start getting down to -- we went from 22 to 15. I think we should get down to, you know, one, two or three or four, you know, some small number, some digestible number. We have maps that we can look at and we can compare, contrast and just make a decision. Commissioner Spence -Jones: Yes, I agree with that. Commissioner Carollo: And hold on. Just so we're clear, so we're not going to be looking at and we're not -- or we're not asking -- or Mr. Cody is not going to be looking at any of the maps that includes all of Upper Eastside -- Commissioner Suarez: I would -- Commissioner Carollo: -- in either D5 or D2; is that correct or not? Commissioner Spence -Jones: We just -- yes. We just said that D2 -- City ofMiami Page 83 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: I think it should be included. Commissioner Carollo: I think it should be too, so -- Commissioner Suarez: Absolutely. Commissioner Carollo: -- that's why I want to be clear. Commissioner Suarez: Absolutely. Commissioner Spence -Jones: Well -- Mr. Cody: Well -- Commissioner Spence -Jones: -- repeat it again. I'm trying to understand. What now? Commissioner Carollo: Okay. It appears to me that Mr. Cody's going back to the back room or wherever he's going to work on these maps, but you're only working on the, I guess, Unity plan. You're not worker on any other maps, any other map that keeps the Upper Eastside in all ofD5 or all ofD2.; is that correct or --? Mr. Cody: I will take whatever direction this Commission, as a whole, gives me. If you say work on all three, I'll work on all three, but it's going to take me three times as long as doing one map. Commissioner Suarez: Mr. Chair, ifI may? Mr. Cody: So -- Commissioner Suarez: Let me just -- Mr. Cody: -- but -- however long you -- Commissioner Suarez: Look, we have a lot of work to do so -- we have a lot of stuff to do. We'll be fine. Mr. Cody: Okay. Commissioner Suarez: I think the consensus of this board, if I may summarize it for everyone, is whatever decision we make here today, not everyone's going to be happy with it. That's the one thing that you can understand from these 20-plus plans. So I think there's a plan or two that's been advanced by Commissioner Carollo that maintains the Upper Eastside in District 2, there may be one that maintains it in District 5, and then there's a couple of plans that had been just discussed right now between Commissioner Spence -Jones and Commissioner Sarnoff. Mr. Cody: Right. Well -- Commissioner Suarez: Hey, that's like four plans. Mr. Cody: -- the Jett plan does not include the pig snout, so that is already in place. I don't have to do anything with that one. Unidentified Speaker: (UNINTET,TIGIBT,F). Chair Sarnoff. No, don't address him. We know where we are. City of Miami Page 84 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: I think we're at like three or four right now, andl think we should have three or four and that's it. And then we come, we see what the consensus of the board is, and we move on. Commissioner Spence -Jones: I'm fine with that. Vice Chair Gort: Yeah. Commissioner Carollo: Okay. Vice Chair Gort: I'm good. Mr. Cody: So, I mean, the Jett plan already keeps the Upper Eastside in District 2 and has no pig snout. So then you want me to take a look at the plan that -- Commissioner Spence -Jones: Carollo. Mr. Cody: -- Commissioner Carollo just did without the pig snout and try to make that work, and then the Unity plan that breaks the Upper Eastside at 61 st Street and take off the pig snout and try to make that work. Commissioner Spence -Jones: Yes. Mr. Cody: My understand -- I just want to make sure that I'm clear on the direction before I go back there. Chair Sarnoff And I'm not giving up on the wedge so -- Mr. Cody: Well, that's a minor fix. That's 653 people. The big thing is moving 3,000 -- 3,500 people at a time. Chair Sarnoff Got you. Mr. Cody: So -- all right. Chair Sarnoff So you (UNINTELLIGIBLE). Mr. Cody: I will be back shortly. Chair Sarnoff All right. You all want to take five; Let you set up? Commissioner Carollo: Five. Chair Sarnoff Five minutes. We're in recess for five minutes. Vice Chair Gort: Wait a minute. I have to leave by 6, 6: 30, the latest. Chair Sarnoff Now we go back -- You ready? Mr. Cody: Yes, sir. Chair Sarnoff Okay. Mr. Cody: Okay, if we could put up on the display -- no, I don't know. I may not be able to do this with pictures. I may have to just do it with hand puppets. We went back and -- taking the City of Miami Page 85 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 direction of the Commission to remove the area that encompasses the Overtown/Park West CRA, and taking a look at what that did to the various plans, as I indicated, the Jett plans didn't have that feature so I did not have to do anything with them -- specifically with that. The plan that we did up for Commissioner Carollo, the problem with that plan is if you say we are keeping everything above 36th Street out of bounds in terms of making any changes to the population and you're saying that that 3,300 people in the pig snout, if you will, are also off limits, the plan taking the pig snout out sudden -- or now has a deviation of 16.07 percent. In order to make this work, I'm going to have to -- andl haven't done it yet because I need the direction from your Commission -- go into District 1 and take about a fifth of District 1 and move it into District 5, basically take everything off the top of your district and then move further down and take things off of3and 4-- Vice Chair Gort: (UNINTET,T IGIBT ,F) talk to my people. Commissioner Suarez: Print them out for us? Mr. Cody: Pardon? Commissioner Suarez: Print them out for us? Commissioner Spence -Jones: They're trying to get the maps. I think it's much better when we have something visual to see. Mr. Cody: I agree but -- Commissioner Spence -Jones: So -- Later... Chair Sarnofff. Okay. Are we ready? Let's go. Commissioner Spence -Jones: Good evening. Mr. Cody: The technical now has fixed the problem. What you got up on your screen is -- I'm going to go first through the Unity plans and then through the other stuff. Commissioner Spence -Jones: Do you want to wait for --? Can we have somebody --? There you go. Commissioner Carollo: Ready. Commissioner Suarez: Ready. Chair Sarnofff. Oh, okay, let's go. Mr. Cody: Okay. All right. What you got up on your screen is -- just to recap, your direction to me was to take the Spence -Jones plan -- we're now calling it the Unity plan -- take off the area that conforms to the eastern boundary of the Overtown/Park West CRA, and then the Chairman gave some further directions as to some variations of that that he would like to see. Now, up on your screen right now is -- the Unity plan does not have the area, the CRA. It does have the small wedge area beneath. What we have found is on that particular plan, the deviation is 5.01 percent. We find that the Hispanic population in District 2 is 51.42 percent population, 51.41 percent voting age population in District 5. The black population is 69.75 percent. The black VAP is 67.47 percent. Now, we then looked at a very -- City of Miami Page 86 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: (UNINTET,TIGIBT,F)? Mr. Cody: Sixty-seven point four seven percent voting age population. Commissioner Suarez: Got it. Mr. Cody: We then looked at doing that same Unity plan, but taking off the wedge between District 2 and District 3, as you can see on the screen. Without the wedge, we have in District 2 the black pop -- or excuse me, District 2, the Hispanic population is 51.49 percent and 51.48 percent voting age population. The same figures for -- because we haven't changed District 5 after making the initial change, same 69.75 percent population, 67.47 percent voting age population. Commissioner Suarez: Can you slow down? Mr. Cody: Sure. Commissioner Suarez: Can -- okay. You're -- so -- Commissioner Spence -Jones: (UNINTET,T IGIBT ,F) things that he's presenting, right? Mr. Cody: Well, there's -- Commissioner Suarez: Yeah. Mr. Cody: -- four variations of this plan and then there is Commissioner Carollo's plan and then there's a -- Commissioner Carollo: No. Hold on, hold on. Mr. Cody: -- variation of the Ken Jett plan. Commissioner Carollo: It's not Commissioner Carollo's plan. Mr. Cody: Well -- Commissioner Carollo: It's been called D2 Alternative all this time. Mr. Cody: Okay. Commissioner Carollo: Let's not wait for this meeting to now change it to -- Mr. Cody: Okay, D2, Alternative 2. Commissioner Suarez: All right. So this is -- we're on Unity plan without the snout and without the -- Mr. Cody: The wedge. Commissioner Suarez: -- wedge. So that one is -- what's the VAP on that one? Mr. Cody: The black VAP in District 5 is 67.47 percent. Commissioner Suarez: That's the same as the top one? It doesn't change? City of Miami Page 87 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: No, it's 6 -- yeah, but -- what is 69 percent, though? Mr. Cody: Sixty-nine point seven five percent is the black population in the district; sixty-seven point four seven percent is the black voting age population. Commissioner Suarez: Okay, but -- okay. What's the difference between the first one and second one? Mr. Cody: The population percentage is -- Commissioner Spence -Jones: Includes kids. Mr. Cody: -- counting everybody, including children. Commissioner Suarez: No, no, no. I know that. No, I'm sorry. In the first plan and the second plan -- I'm sorry -- it seems like the numbers were identical. Chair Sarnoff. The deviations. You're looking for the deviations. Commissioner Suarez: Right. Chair Sarnoff. You -- right, you're looking for the deviations. Commissioner Suarez: I'm looking for all the numbers, but there's like four key numbers. Mr. Cody: The -- okay. The Unity plan, the deviation is 5.01 percent. Commissioner Suarez: Got it. Mr. Cody: Okay. In the second one that we're talking about without the wedge, 5.82 percent. Commissioner Suarez: And what's the VAP on that one? Mr. Cody: The VAP on that one, black VAP is the same. It's 67.47 percent. Commissioner Suarez: That's what I said. It doesn't change. Mr. Cody: We're not changing -- Commissioner Suarez: Right. Mr. Cody: -- that district. Commissioner Carollo: And in that one without the wedge, you have a total deviation in District 3 of 2.76, almost 3 percent, correct? Mr. Cody: Yes. Commissioner Carollo: And -- Mr. Cody: Because that returns it to its original -- its present configuration, which is negative 276. Commissioner Carollo: Right. So, again, I'm negative 276, which is what that wedge would address, and you have District 2 at a positive 121. Correct? So, realistically, that wedge -- And City of Miami Page 88 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 the thing is -- I don't know. The wedge has been there for about two months now and now is when you really bring up issues with it, and that's fine. I mean, you know, I'm just -- it's been there for two months and all of a sudden, you know, we have these issues. And the reason why I ask about that other building and how many units and by when is it going to be constructed is because the same argument could be, you know, raised with District 2. Andl mean, if you really take into consideration how many of those buildings are going to be built in the next, what, eight years now, I think we really need to lower your deviation quite a bit in order to make up for all the new construction in there, you know. This building alone was 400 units. Chair Sarnofff. Right. Commissioner Carollo: I don't think any of the buildings you mentioned is 400 in District 3, but Chair Sarnofff. I think -- Commissioner Carollo: -- anyways, it's just arguments. And again, I -- listen, I don't want to convolute this. Let's just keep going. Let's see where, you know, we are instead of -- Mr. Cody: Okay. Again, I gave you the figures for the Unity plan without the wedge. We also looked at the Unity plan taking the wedge back from Brickell Avenue to South Miami Avenue. And in that case, again, the black voting age population in District 5 doesn't change. It remains at 67.47. The Hispanic population and voting age population are both 51.47 percent, above the 50 percent mark, and the -- on that particular variation, with the South Miami issue, you got a deviation of 5.66 percent on the plan. And then, finally, I was requested to do a variation of the Unity plan with what I'm calling for -- with -- as a first impression because of the shape of it, the tear drop because it's an area, to me, that, on the City map, looks like a teardrop, so I can keep all these things straight in my head, which is an area -- Commissioner Spence -Jones: Is that the wedge we're talking about? Mr. Cody: No, this is not the wedge. This is in -- without the wedge. This is South Dixie Highway and Copernicus Plaza Road and South Miami Avenue, that triangle, moving District 3 out to that triangle of property. And when you do that, again, the District 5 numbers do not change; the Hispanic population of District 2 is 51.49. And when we look at the deviation on that plan, it is 5.72 percent. So that is a plan that takes the Upper Eastside and breaks it at 61st Street. Now -- Unidentified Speaker: Can we go back to the Upper Eastside, please? No one's here from these other districts. We're here all day, since 10: 30 this morning. And you're talking about (UNINTELLIGIBLE). Chair Sarnofff. Don't, don't. Nicole N. Ewan (Assistant City Clerk): Chair -- Chair Sarnofff. Stop, stop. Unidentified Speaker: (UNINTET ,T IGIBT ,F). Chair Sarnofff. Stop. Go ahead. Mr. Cody: Okay. Now, the Alternative plan, Upper Eastside in District 2 Alternative plan. I was asked to take a look at the effect of taking off -- down here where my pointer is moving -- the CRA boundary. And by doing that, what we have is -- no. Excuse me. What we have there -- City of Miami Page 89 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 okay. What we have in this case is the deviation of this plan jumps up to 16 percent, because without being able to go up into the Upper Eastside to get any population, and by taking all of the population in the CRA boundary and making that off limits, that raised the deviation to 16 percent. That would require me to come in and take all of downtown or I might have to break the district in two below 36th Street to get enough population. I'm reluctant to do that simply because when you start having discontinuous districts, that's also a sign that you have gerrymandered. Without direction -- specific direction from this Commission, I don't want to create that for you. The other alternative would be to -- I would have to start moving from 5 down into the top of 1 and take about 10, 000 people off the top of District 1, have to go out and probably get the casino 'cause I couldn't make that contiguous, and then I'd have to start moving down from 1 then into -- from 1 into 4, possibly moving some stuff around in 3, and that would require me to ignore your direction to respect the core of existing districts. Again, if you all want me to do that, I can do that, but that is such a radical change and would require me quite a bit of time to sit and balance each individual block. So when I got to the point where I said -- I saw that it was a 16.07 deviation, I stopped and said, you know, ifI can't go into the Upper Eastside to get population andl can't use the population that's in the CRA boundary, I'm at a bit of a loss. We also took a look at the Jett plan by putting that teardrop in, a feature that I showed you, which was the fourth alternative under the Unity plan. That gives us a black VAP of 65.74 percent; does maintain a majority of Hispanics in District 2. The deviations on that particular plan -- I have to -- deviation on that plan is 6.12 percent. Now, on top of that, you have the Jett plan that originally didn't have the CRA boundary in it, and so we've already presented those figures to you. And then I've already presented the figures of the Jett plan without the wedge and the Jett plan with the wedge at South Miami Avenue. So these are the alternatives you asked me to look at. So here they are. Chair Sarnofff. All right. What -- you heard about lopping off some things, 10,000 people from your district? Vice Chair Gort: Yeah. I'm willing to go for it. Chair Sarnofff. Okay. So you're not on board with that? Commissioner Spence -Jones: And those 10,000 would actually go in my district. Chair Sarnofff. I think that's what he intended. Mr. Cody: I'm sorry. Chair Sarnofff. I -- when you took the 10, 000 from District 1 -- Vice Chair Gort: What is the population right now. Chair Sarnofff. -- it would have gone into District 5, correct? Mr. Cody: It would have gone into District 5, yes, and that they would have not been -- it would have further diluted District 5 because they would not have been African Americans predominantly. Vice Chair Gort: It be Hispanic. Mr. Cody: It would have been mostly Hispanics, so it would have brought your number down significantly, and then just a cascade effect of them going into each other district to try to move things around and then even it out. Chair Sarnofff. Well, I think it's just time we have to make some decisions here and, you know -- City of Miami Page 90 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Vice Chair Gort: I have to go in about five minutes. I mean, it's (UNINTET,T IGIBT,F) Commissioner Spence -Jones: So I know that we talked about this earlier andl want -- on our end, the D2 and D5 Commissioner, we were like somewhat on the same page about everything north of 36th Street and how we would handle it or -- you know, and that is, you know, making sure that at least we both give a little on each part of this, meaning the -- Bay Point, correct? -- Bay Point andMorningside would actually remain in D2, Willy -- Commissioner Gort will keep his portion on 36th Street, and Commissioner Sarnoff will now take the -- I don't want to call it -- that wedge or that piece -- Chair Sarnofff. Butt. The butt. Commissioner Spence -Jones: -- that -- the Park West piece back. So the only thing thatl think that we need to really just be on the same page with is the area in which you and Commissioner Carollo abut. Andl don't know if there is a -- can I see that plan that does not include, again, the D3 portion in that, just so I could see those numbers again? Because I think your only issue and concern, which I understand, Commissioner Sarnoff, that you would be picking up a large Hispanic --I think you go to 51 percent, correct, now? Chair Sarnofff. No, that's not the issue. The issue is going on to Brickell. That's my issue. Commissioner Spence -Jones: Okay. Chair Sarnofff. Like I said, I'm willing to compromise. I can go out to South Miami Avenue, but I'm not willing to compromise and go to Brickell. Commissioner Spence -Jones: Can I see that wedge that he's talking about, though? I'm just trying to understand the wedge. Mr. Cody: Okay. Commissioner Spence -Jones: What was it --? And, Commissioner Carollo, why did you want to pickup the wedge, so I'm clear? Commissioner Carollo: It's only natural that we start moving the district east. We need to pick up additional personnel, so it's only natural that we move it east. As a matter of fact, if you see the wedge -- and what I'm doing is -- I know that Commissioner Sarnoff is sensitive to some of that area. So all that flatiron, stuff like that, possibly Brickell CityCentre, we kind of stayed away, see if we could pick up all that and we're still within the deviation. But, you know, we were -- we actually just, you know, backed away so we pick up little bit and compromise. So the only difference is going to be like 1 percent or so forth. But instead of me being almost 3 percent, I'll be at one and a half so -- more or less. Commissioner Spence -Jones: So where -- so -- Commissioner Carollo: So it's only natural for us to just move east. I mean, I think, eventually, it's going to happen. Commissioner Spence -Jones: So what -- Commissioner Sarnoff, you're looking at -- I don't know why I'm coordinating this, but -- Vice Chair Gort: (UNINTET,T IGIBT,F) Miami Avenue. Commissioner Spence -Jones: -- where are you -- can you show me where you're look --? City of Miami Page 91 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnofff. Sure. I'm willing to compromise on South Miami Avenue. And if he wanted to bring the Roads together, unifi, the Roads, which was broken apart by US 1 many, many years ago -- Commissioner Spence -Jones: Okay. Chair Sarnofff. -- he'll be statistically at about 1 percent deviation, which is about as well as it gets. Commissioner Spence -Jones: Okay. So -- Commissioner Carollo: And my thing is, you know, why did we wait two months for this? I mean, we had spoken about this before. Commissioner Spence -Jones: About what, this part? Commissioner Carollo: Yeah, about this. This has been in all the plans for the past two months. Commissioner Spence -Jones: Well, let me just say it. There are a couple of things that have been in the plans, even on my side, and we had to change and adjust, one being even Commissioner Gort's stuff you know, that area, that's been in there, and we made that adjustment. I think we're all trying to give and take on it. So if there's any way you guys can find a compromise -- I mean, I would think Commissioner Sarnoff is saying South Miami Avenue, he would be willing to, you know, accommodate what your request is. Commissioner Carollo: I think we really need to see the bigger issue and not so much about this. We need to see if, you know, this Commission wants to break up the Upper Eastside. I think that's going to be the bigger issue. I mean -- you know what -- and Commissioner Gort's going to leave, and out of courtesy to him, I'll tell you what, take the wedge out. I'm going to be -- I'm taking the wedge out. District 3 is going to be one of the highest in deviation and then let's take a vote on that plan. Vice Chair Gort: Well, my understanding is, you were willing to give some of the Roads -- (UNINTELLIGIBLE). Commissioner Spence -Jones: He's saying he'll give you a piece of it. That's -- he's compromising. Commissioner Carollo: Tell you what, leave my district as it is and let's take a vote on it. Commissioner Spence -Jones: Okay, that's fine. And so then I move the Unity plan, which leaves Bay Point andMorningside in D2. You're saying without the wedge. Commissioner Suarez: Is that the plan that you're talking about? Commissioner Spence -Jones: You don't want the wedge. Commissioner Carollo: No, I'm not saying that I don't want the wedge. I'm just saying that, you know, we're focusing on this area where, realistically, we need to focus on -- andl think the reason that this has been deferred -- Commissioner Suarez: Right. Commissioner Carollo: -- and deferred and a workshop is because I think it has been expressed City of Miami Page 92 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 -- I know it's been expressed by me -- that we want to see if we're able to keep Upper Eastside all together. Commissioner Spence -Jones: Right. And we've had that -- I mean, we've heardfrom the groups. They put all of their statements on the record. We made some of those adjustments. You've heard from the District 2 Commissioner. You've heardfrom the District 5 Commissioner. Just like we've heardfrom you in the District 3 area, you're making that choice and decision. Ultimately, like Commissioner Suarez has said, we have to make the tough decisions. Commissioner Carollo: Absolutely. Commissioner Spence -Jones: So we have to make the decisions. Commissioner Carollo: Absolutely. Let's vote. Commissioner Spence -Jones: Okay, so I just wanted to be -- so you're telling me to take out the wedge? Are you telling me to take out the wedge? Commissioner Carollo: I'm saying don't make it about me. Let's take out the wedge, and let's vote on the plan. Commissioner Spence -Jones: Okay, good. All right, so I move that the Unity plan, which leaves Bay Point andMorningside in D2 -- I want to make sure I'm saying it -- without the wedge, that we move that plan. Chair Sarnoff All right, we have a motion. Vice Chair Gort: Second. Chair Sarnoff Is there a second? Second by Commissioner Gort. Commissioner Suarez: Let me say something before we vote on this, because, you know, I agree with what Commissioner Carollo's saying, basically, which is, the reason why this has taken so long is because of the Upper Eastside and our objective in trying to unnj, the Upper Eastside. You know, I just -- I don't see the consensus here for us to do it. I mean, I would be willing to keep the Upper Eastside connected. I think you would. I don't know that there's any more votes than that up here, and I think that's what you guys have to understand. I suppose the Mayor may or may not veto this plan. It -- you know, whatever we end up voting on, it is what it is. Andl think to the extent that we can have consensus on whatever plan we're going to have, I think it's important because I think, you know, it's probably going to get vetoed and then we'll -- it'll come right back to us and we'll have to override the veto or do what we have to do, so just want to put that on the record to be clear that -- the vote that we're taking here, I think we should at least have four votes. I would have been willing to vote to keep the Upper Eastside together. I don't think we have the votes for that, sorry. I think you guys led a very good charge and, you know, it seems like -- andl still maintain, however, that as much as -- as passionate as you are about the fact that you should have the Upper Eastside in one Commission district, that, you know, the fact of the matter is, you know, Commission districts don't make neighborhoods. They just don't, you know. And, you know, I think we've shared neighborhoods as Commissioners very successfully so, you know -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Commissioner Carollo: I mean -- andl don't disagree that, you know, we share Shenandoah, City of Miami Page 93 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 and think, you know, we've done a very good job of representing Shenandoah and working together. And, yes -- and -- you know, as I mentioned before, 17th Avenue, which soon enough -- and -- Commissioner Suarez: Yeah. Commissioner Carollo: -- it wasn't just us, you know. Also -- Commissioner Suarez: Commissioner Barreiro. Commissioner Carollo: -- working with the County -- County Commissioner, 17th Avenue, soon enough, will be, you know, newly resurfaced. But at the same time, you know, there was discussion, and the reason that we have deferred this -- for I don't know how many months now -- is to see if it's possible to keep the Upper Eastside all together, and it was shown that it is possible. Commissioner Suarez: And I'm willing to vote on that plan, by the way. Commissioner Carollo: And it was shown that it is possible. However, that's not what we have before us. Andl want to make sure -- Hey, listen, if it's that big of a deal to Commissioner Sarnoff, even though it's been two months after the fact or even more, hey, listen, don't make this about me. We'll take the wedge. You know, I'll take the less deviation, and then let's vote on this plan. But this doesn't address the bigger issue, which is -- by the way, we haven't deferred this for I don't know how many months because of that wedge. The reason we've deferred is because we want to keep Upper Eastside together. Commissioner Suarez: Andl agree. I'm with you there. Commissioner Carollo: So if we want to take a vote on this plan, let's take a vote on this plan. Commissioner Suarez: I'll vote on it. Chair Sarnofff. All right, take a vote. All in favor, please say aye." Chair Sarnofff. Aye Vice Chair Gort: Aye. Commissioner Spence -Jones: Aye. Commissioner Suarez: Aye. Commissioner Suarez: Wait, wait, wait, wait. That's not the plan -- Commissioner Carollo: No. Commissioner Suarez: -- I'm voting on. Wait, wait, wait. We're not voting on the plan that he wanted us to vote for, so let's just be clear. Commissioner Carollo: Yeah, let's -- I'd say we're voting on the plan -- Chair Sarnofff. Commissioner Spence -Jones -- Commissioner Carollo: -- that's before us. City of Miami Page 94 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff -- presented a motion. Commissioner Suarez: And he -- and it was seconded, and we're going to vote on that. Chair Sarnoff It was voted on. Commissioner Suarez: Okay? Commissioner Carollo: Now -- and so -- Commissioner Suarez: No. I want to be clear on my vote. Commissioner Carollo: And just to be clear -- Chair Sarnoff What's that? Commissioner Carollo: -- that's the plan that we're seeing right here. Commissioner Suarez: That's fine. Andl want to be clear too. We obviously didn't have consensus on keeping the Upper Eastside united. You know, I would have voted in favor of that plan. In lieu of that, we need to have a viable legal plan, so I'm voting in favor of it. So you can register me as a ` yes. " Commissioner Carollo: Mr. Cody, is this a viable legal plan? Mr. Cody: Yes, sir, it is. Commissioner Carollo: Okay. Chair Sarnoff All right. Commissioner Suarez: That's it. Chair Sarnoff That's it. Thank you. Mr. Cody: Okay. Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Commissioner Carollo: Yeah, 4-1. Commissioner Spence -Jones: (UNINTET,TIGIBT,F) entire agenda? Chair Sarnoff There was -- I think there was a budget item. Commissioner Spence -Jones: Did you motion to adjourn? Chair Sarnoff Motion to adjourn. RE.2 RESOLUTION 13-00532 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT (FIRST AMENDMENT), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI City of Miami Page 95 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 ("CITY") AND THE COCONUT GROVE SAILING CLUB, INC. ("LESSEE"), AMENDING THE SUBMERGED LAND BOUNDARY AREA DESCRIBED AND INCORPORATED IN THE LEASE AGREEMENT, DATED JULY 18, 2011, BETWEEN THE CITY AND THE LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID FIRST AMENDMENT. 13-00532 Summary Form.pdf 13-00532 Legislation.pdf 13-00532 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0199 Chair Sarnoff RE.2, Mr. Manager. Henry Torre: RE.2 -- Henry Torre, director of Public Facilities -- is a resolution for the first amendment to the lease agreement with the Coconut Grove Sailing Club to amend the submerged land boundary area. Chair Sarnoff All right. Is there a motion? Vice Chair Gort: I'm sorry, what was that again, Henry? Mr. Torre: It was to amend the submerged land area. Commissioner, there's primarily two issues for doing this. The first one was to address certain navigational hazards -- Vice Chair Gort: Right. Commissioner Suarez: Move it. Mr. Torre: -- that we had there. The second item was certain areas were not usable. Water was too shallow. So what this does, it gives them more usable land since we share in 10 percent of the revenue -- Vice Chair Gort: Second for discussion. Chair Sarnoff Motion by Commissioner Spence -Jones, I think -- no -- Commissioner Suarez, second by Commissioner Gort. Discussion. Vice Chair Gort: My understanding, at one time, we were doing a master plan with that area. Is this going to be part of the master plan? I remember your office was working on it. Chair Sarnoff It's the mooring field, right? Mr. Torre: Correct. Chair Sarnoff I think that's what the Commissioner is asking. So tell him about the mooring field. Mr. Torre: The mooring field, the way it was situated -- well, let me start by saying again there were certain navigational issues, hazards that we were concerned about. Their mooring field City of Miami Page 96 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.3 13-00328 Department of Capital Improvements Program area is direct -- is very close in proximity to the Seminole boat launch. So there were some concerns there. We were able to address that by mod4ing the footprint. Another reason to modify the footprint is part of their existing footprint. The waters were too shallow to have an effective mooring system. Vice Chair Gort: Right. Mr. Torre: So by modifying it, since we share in 10 percent of the gross revenue, this also, as secondary helps us maximize our revenues, as well. Chair Sarnoff All right. Any further discussion? Then all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING REIMBURSEMENT GRANT ("GRANT") FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, IN AN AMOUNT NOT TO EXCEED $1,500,000, FOR THE WEST END PARK NEW COMMUNITY BUILDING PROJECT, ("PROJECT"); AUTHORIZING THE REQUIRED CITY OF MIAMI ("CITY") FUNDING MATCH TO COMPLETE THE PROJECT, IN AN AMOUNT NOT TO EXCEED $1,098,521 FROM THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS PROGRAM BONDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT WITH THE COUNTY FOR THE GRANT, IN SUBSTANTIALLY THE ATTACHED FORM. 13-00328 Summary Form.pdf 13-00328 Legislation.pdf 13-00328 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0202 Chair Sarnoff So, now, let's go to RE.3, if you don't mind? RE.3, that is the West End Park County GOB (General Obligation Bonds) 1.5 million acceptance. You want to be recognized, Commissioner? Commissioner Suarez: Move it. Chair Sarnoff Okay. Vice Chair Gort: Second. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Spence -Jones. Commissioner Suarez: I just want to -- City of Miami Page 97 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.4 13-00534 Department of Capital Improvements Program Chair Sarnofff. Excellent presentation. John DiSanto: Thank you. Commissioner Suarez: I just want to make a quick comment. This was a collaborative effort with Chairwoman Rebecca Sosa, who, at the time, was not the chairwoman of the County Commission. And I've been very blessed to have a situation where we've been able to, with this money and with the monies that we have allocated through our CIP (Capital Improvement Program) budget and through our bonds, redo pretty much every single park in this -- in my district, the facilities for every single park in my district. Chair Sarnofff. Are you available for District 2 lobbying efforts with GOB money? Commissioner Suarez: I've tried believe me. Anyhow -- so anyhow, so we've got -- we're getting this money now and it's a very -- it's very -- it's going to be very needed for the West End Park project. So I'm very thankful to her and very appreciative of her allocation. Chair Sarnofff. All right. Vice Chair Gort: I have to add, she was very -- she allocated funds also from the County for the Kinloch Park for expansion of 1.5 and Antonio Maceo Park, 1.5. So we have very good relationship with her. Chair Sarnofff. Figured I'll hire both of you. Any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVEDAPRIL24, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO. 12-13-026, FROM METRO EXPRESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE DISTRICT 4- ROADWAY, TRAFFIC, AND DRAINAGE IMPROVEMENTS PROJECT, IN THE AMOUNT OF $460,168.20, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $46,016.82, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $506,185.02; ALLOCATING FUNDS IN THE AMOUNT OF $506,185.02, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-30774, B-30775 AND B-50706A; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. 13-00534 Summary Form.pdf 13-00534 Legislation.pdf 13-00534 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0203 Chair Sarnofff. Metro Express, there's my favorite. D4 (District 4) Roadway project. City of Miami Page 98 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: Move it. Commissioner Carollo: Second. Commissioner Spence -Jones: Second. Discussion or comment. Chair Sarnoff Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Again -- once again, third contract. We've had this discussion in our briefing. I want to just make sure you're communicating to Metro Express. Mark Spanioli (Director, Capital Improvements Program): Yes, we have, Commissioner. Commissioner Spence -Jones: And then now that this thing is actually being voted and approved, we need to make sure all of those elements of jobs, small businesses from the beginning, because you now we've been going back and forth how these companies say they're going to do thing -- andl know it's your district, Commissioner Suarez, right? Commissioner Suarez: Yeah. Commissioner Spence -Jones: But I'm just -- Commissioner Suarez: I'll be keeping a close eye, trust me. Trust me. Commissioner Spence -Jones: Make sure it's in the contract before they get started. Mr. Spanioli: Yes, Commissioner. Commissioner Spence -Jones: But I support it. Chair Sarnoff My only candid statement would be quality of work. We've now noted they do "B minus" work in the City ofMiami. I hope you would get them to A'level, Commissioner. They did "B minus" work on my project. You would think they'd come see me and express that they'd love to do A'ivork, because they continue to get work. Commissioner Spence -Jones: Yes. Chair Sarnoff But -- Commissioner Suarez: Then, again, I'll need to do that. Chair Sarnoff -- fortunately, Metro sees fit to avoid me, and one day I will grow the you-know-whats to actually say no to them. Commissioner Suarez: Well, listen, if it wasn't that this park -- this -- Chair Sarnoff No, I know. Commissioner Suarez: -- project was very needed in my district -- I don't select who the vendors is andl don't really care, as long as they do a good job and as long as they do it right and fast. I've been so frustrated with, you know, things taking forever to get there. So the fact that it's here, it's just -- it's welcomed. Chair Sarnoff Okay. City ofMiami Page 99 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.5 13-00535 Department of Capital Improvements Program Commissioner Spence -Jones: But just -- I just think it's important to say it up front. Vice Chair Gort: Yeah. Commissioner Suarez: I agree. Commissioner Spence -Jones: And even, personally, you know -- andl already told Mark how I feel about them even bidding for anything in my -- I mean, it was horrible. So you gave them a "B. " I gave them a `D. " And you say -- how you say you're on top of things, Suarez. You know I'm on top of -- Commissioner Suarez: I know. Commissioner Spence -Jones: I'm out there looking and inspecting on the grounds, like what's going on. But I'm just saying it -- I'm not stopping your project from going, but what I am saying to Mark and what I think should be saying to you is that you should have a -- definitely have a conversation before they start. Commissioner Suarez: Okay. Can you arrange that? Mr. Spanioli: Absolutely. Commissioner Suarez: Thank you. Chair Sarnoff All right. So all in favor on RE.4. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TRAN CONSTRUCTION, INC. AND ARCH INSURANCE COMPANY, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS ARISING OUT OF OR RELATED TO THE MELREESE GOLF CLUBHOUSE PROJECT, B-30566; FURTHER AUTHORIZING A PAYMENT TO ARCH INSURANCE COMPANY, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT, B-30566, FOR SAID PURPOSE. 13-00535 Summary Form .pdf 13-00535 Legislation. pdf 13-00535 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0204 Chair Sarnoff Melreese Construction Settlement Agreement, RE.5. Sorry. City of Miami Page 100 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Mark Spanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements. RE.5 is a settlement and release agreement with Tran Construction and Arch Insurance for the Melreese Clubhouse project, in the -- Vice Chair Gort: Move it. Mr. Spanioli: -- amount of $20, 000. Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. Chair Sarnoff Excellent presentation. RE.6 RESOLUTION 13-00474 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Administration SPECIAL REVENUE PROJECT ENTITLED: "FINANCIAL EMPOWERING COACHING", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $150,000, CONSISTING OF A GRANT FROM THE CITI FOUNDATION, FOR THE PURPOSES OF PROVIDING FINANCIAL LITERACY AND FINANCIAL EMPOWERMENT COACHING TO 200 INDIVIDUALS IN THE GRANT PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND IMPLEMENTATION OF SAID GRANT. 13-00474 Summary Form.pdf 13-00474 Email -Award Notification.pdf 13-00474 Budget Proposal.pdf 13-00474 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0200 Chair Sarnoff PH.7. Lillian Blondet (Director, Grants Administration): Good morning, Commissioner. We have to hear RE.6 before we hear PH.7 so we can accept the money. RE.6 is a resolution of the Miami City Commission establishing a new special revenue project entitled Financial Empowering Coaching'and appropriating funds for the operation of same in the amount not to exceed $150,000. City of Miami Page 101 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff. Motion by Commissioner Spence -Jones, second by Commissioner Gort. It's a public hearing on PH.7. PH.7. Please step up, Mr. Kurland. Commissioner Spence -Jones: I thought she said -- Nicole N. Ewan (Assistant City Clerk): This is RE.6, sir. Chair Sarnoff. Oh, didl -- Commissioner Spence -Jones: She said RE.6." Ms. Blondet: It was RE.6. Vice Chair Gort: RE.6. Ms. Blondet: Accepting the money from the grant. Chair Sarnoff. I'm sorry, what are we doing? Vice Chair Gort: RE.6. Commissioner Spence -Jones: She had to do RE.6 first before she did -- Chair Sarnoff. Oh, right. I apologize. Commissioner Spence -Jones: She's got to accept the money. Chair Sarnoff. I apologize. So RE.6. RE.6 is accepting financial literacy. But let me open up the public hearing on PH.7 as well so that the public can comment. You're recognized for the record, Mr. Kurland on either RE.6 or PH.7. Nathan Kurland: Nathan Kurland 3132 Day Avenue. Just a point of clarification if you would, Mr. Commissioner. RE.6 talks about an amount not to exceed $150, 000, and this same Operation Hope, which is -- Commissioner Carollo: A hundred and forty. Mr. Kurland: It says 140. I'm a little confused as to which number is the actual number that we're dealing with since the two that -- Ms. Blondet: We are accepting a grant for $150, 000, and we would be allocating Operation Hope 140 for implementing the program. The difference will stay with the City for administrative cost and expenses. Commissioner Spence -Jones: I asked the same question. Mr. Kurland: And also, I just want to make sure; again, a point of clarification: Financial Empowering Coaching, can you tell me exactly what that is? Ms. Blondet: We would be -- The grant is a model that started in New York, and it's for lowincome people, low and moderate income people, and what we -- the program -- basically, in City of Miami Page 102 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 general, you go and talk to people in a forum, and whoever wants to participate in a one-on-one coaching, meaning they're going to meet with these people in a predetermined location in a meeting and go over their finances and say, Hey, you can improve your credit score. You should open a bank account. You should do certain things to improve your financial stability. "And it's a proven financial model that started in New York. Mr. Kurland: And this is different than what SCORE (Service Corps of Retired Executives) offers for free to citizens in Miami? Ms. Blondet: It's a different model. I mean, I'm not -- I don't -- it's not the same model that they're following. This is a model that started in New York. I believe that SCORE is for businesses. Mr. Kurland: SCORE is for entrepreneurship. It offers about 11 to 12 programs per month free of charge to citizens ofMiami or just about citizens in Miami -Dade. For some of their workshops, group workshops, they charge anywhere from 20 to $30. For individual, one-on-one -- excuse me. Let me just quote this directly -- Financial Empowering Coaching -- they do that for free. Commissioner Spence -Jones: This is free. Ms. Blondet: This will be free for all the residents, low income residents. Commissioner Suarez: It's a grant. Ms. Blondet: So it's a free program. Commissioner Spence -Jones: Basically, what she's saying -- andl know the assumption is that this is my item, and I'm just telling you, it ain't my item. But anyway, this is a grant that, actually, they got from Citibank to give to the City, to my understanding. Ms. Blondet: We made an application, and City Financial approached us that they wanted us to also implement this program here and expand the programs that we have. Commissioner Spence -Jones: So it was part of what -- Ms. Blondet: And it's the model to do one-on-one coaching with people who are low income, and you tie them to different programs in the community. Mr. Kurland: I don't really understand the program, but I do -- a program is not free that requires $150, 000. Ms. Blondet: It's free for the participants. The people participating will not have to pay, and that's why it's a grant from City Financial, because they want to make sure that the services are provided for the lower income people. Chair Sarnoff. Right. It should have been presented by William Porro, and he should have told us the strategy the City is employing for low-income folks. You're the grant -getter, Lillian. But the reason for the grant and the program itself, I would theorize, comes from William Porro. Ms. Blondet: It comes from economic initiatives. They're in my group, yes. Chair Sarnoff. And he really should present why this is a compelling, good idea. Don't get me wrong, nothing wrong with taking money from a bank and giving it to the City for a program, but the underlying need hasn't been established on the record. City ofMiami Page 103 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Ms. Blondet: This is part of the Access Miami Poverty Initiative programs. Chair Sarnoff There you go. Now you're starting to get there. Ms. Blondet: And we're establishing programs, and what we have right now is group meetings and trainings and this is Chair Sarnoff See, now, we may know that, but the general public doesn't know that. Vice Chair Gort: Right. Chair Sarnoff So William Porro should tell us what the strategy of Access Miami is. William Porro: Good morning, Commissioners. William Porro, special project administrator for Events Administration. The Poverty Initiative was borne out of the need to help our residents here locally. It basically deals with four cornerstones of Access Miami, which is helping people facilitate access to benefits, access to capital, accumulating wealth and assets, and financial education is one of our cornerstones. City Foundation approached us to replicate what is being done in New York. We've had a legacy in doing this type of work already with Operation Hope in getting people to improve their financial stability, financial self-sufficiency, and this is helping people, the average person do a budget, understand their credit, get out of debt, accumulate wealth and assets. So that's really the purpose of the grant. Chair Sarnoff Thank you. That was pretty good. Mr. Porro: Thank you. Chair Sarnoff Commissioner Gort's recognized. Vice Chair Gort: The difference from the other thing, these are not only businesspeople. These individuals, they have problems and you'd be amazed how many people out there do not have a checking account, how many people out there do not have a bank account, and how important it is and once you get a checking account, to balance it every month so you will not get in trouble. So this is the type of training that this type of program does. They go to the individuals that have never had the access to financial status and also how to balance a budget. Even at your house, what you need to do. You can't spend more than what you get. And this is the type -- and it's worked in a lot of places. At the same time, my understanding is, this is to train our staff in the NET (Neighborhood Enhancement Team) office to supply services for the IRS (Internal Revenue Service), to fill out the -- at the end of the year, fill out the -- what we all look forward in April 15 -- a tax return. That's the difference with the other programs. Chair Sarnoff Thank you. Mr. Kurland: Thank you. Chair Sarnoff So now we have the underlying reason for it. We have the grant coming from Citibank, and the City will at least be able to administrate it for $10, 000. Anyone else from the public wishing to be heard on PH.7 or RE. 6? Hearing none, seeing none, coming back to this Commission. You're now voting on RE. 6. Any further discussion? None. All in favor, please say iiye. " The Commission (Collectively): Aye. RE.7 RESOLUTION City of Miami Page 104 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 13-00431 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), ALLOWING FOR THE COUNTY AND ITS CONTRACTOR(S) TO ACCESS APPROXIMATELY 75,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR CONSTRUCTION STAGING ACTIVITIES RELATED TO THE REHABILITATION OF BRIDGE NO. 874541 (WEST BRIDGE) AND BRIDGE NO. 874544 (BEAR CUT BRIDGE) ON THE RICKENBACKER CAUSEWAY; ESTABLISHING A USE FEE OF TWO THOUSAND DOLLARS ($2,000) PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 13-00431 Summary Form.pdf 13-00431 Legislation (Version 2).pdf 13-00431 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.7 was deferred to the June 13, 2013 Commission Meeting. RE.8 RESOLUTION 13-00325 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION PARTNERSHIP, FOR USE OF APPROXIMATELY 2.2 ACRES OF CITY -OWNED REAL PROPERTY AND IMPROVEMENTS LOCATED IN VIRGINIA KEY, MIAMI-DADE COUNTY, FLORIDA, FORA MONTHLY USE FEE OF $15,953.52, PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), FORATERM OF FIVE (5) YEARS, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 13-00325 Summary Form.pdf 13-00325 Legislation.pdf 13-00325 Exhibit 1.pdf RE.9 12-01388 Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.8 was deferred to the June 13, 2013 Commission Meeting. RESOLUTION City of Miami Page 105 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Department of Public ITEM TO BE WITHDRAWN BY THE ADMINISTRATION Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND ADDENDUM AND AMENDMENT TO LEASE AGREEMENT ("SECOND AMENDMENT), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE PURPOSE OF ALLOWING THE CITY TO USE A PORTION OF THE 36,724 SQUARE FEET (+/-) FDOT-OWNED PROPERTY LOCATED UNDER INTERSTATE-95 BETWEEN SOUTHWEST 6TH AND SOUTHWEST 7TH STREETS AND SOUTHWEST 3RD AND SOUTHWEST 4TH AVENUES, MIAMI, FLORIDA, FOR PRIVATE PARKING, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID SECOND AMENDMENT. 12-01388 Summary Form.pdf 12-01388 Memorandum ofAgreement.pdf 12-01388 Legislation.pdf 12-01388 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff RE.9, lease underl-95 andMPA (Miami Parking Authority). Vice Chair Gort: Ten. Chair Sarnoff Oh, sorry. Is 9 -- Commissioner Spence -Jones: It's 9. Chair Sarnoff -- deferred again? Vice Chair Gort: Yeah. Chair Sarnoff It is? Okay. Commissioner Spence -Jones: So RE.9, right? Johnny Martinez (City Manager): Yes, RE.9 was deferred. Chair Sarnoff Deferred again, right? Commissioner Spence -Jones: Okay. Chair Sarnoff Okay. Vice Chair Gort: But let me -- may I ask, Mr. Chairman? Chair Sarnoff Go ahead. You're recognized. Vice Chair Gort: My understanding -- I go by there all the time -- the facilities are being used. Henry Torre (Director, Public Facilities): Sorry, Commissioner. What was your question? City of Miami Page 106 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.10 13-00579 Vice Chair Gort: The facilities that we are discussing and we deferred for a -- it's being used. Mr. Torre: It is a current active parking area, yes, it is. Vice Chair Gort: Okay. Under our contract or that's a different contract? Mr. Torre: It's under a lease that the City has with FDOT (Florida Department of Transportation), and the MPA does manage that facility. Vice Chair Gort: Okay, thank you. Mr. Torre: You're welcome. RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner RICK SCOTT, MEMBERS OF THE FLORIDA LEGISLATURE AND MEMBERS Wifredo (Willy) Gort OF THE MIAMI-DADE COUNTY COMMISSION TO DESIGNATE THE INTERSECTION OF NORTHWEST 42ND AVENUE (LE JEUNE ROAD) AND NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS "OCEAN BANK CORNER"; FURTHER APPROVING THE DESIGNATION OF THE INTERSECTION BY THE CITY OF MIAMI; FURTHER DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 13-00579 Legislation.pdf RE.11 13-00533 Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0205 Chair Sarnoff. I guess we're up to RE.10, Ocean Bank corner designation. Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff. We have a motion by Commissioner Gort. Excellent presentation, Mr. Spanioli. Mark Spanioli (Director, Capital Improvements Program): It's not mine. Chair Sarnoff. It's not yours. Don't even step up. Second by Commissioner Spence -Jones. All in favor, please say iiye. " The Commission (Collectively): Aye. RESOLUTION City of Miami Page 107 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvements ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO Program THOSE LISTED IN RESOLUTION NO. 13-0064, ADOPTED FEBRUARY 28, 2013 AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 13-00533 Summary Form.pdf 13-00533 Legislation.pdf 13-00533-Memo-Substitution for Item RE.11 Revisions to CI PAppropriation.pdf 13-00533-Exhibit 1-SUB.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0206 Chair Sarnoff RE.11, CIP (Capital Improvements Program) appropriations. Excellent presentation. Mark Spanioli (Director, Capital Improvements Program): Thank you, Mr. Chairman. Chair Sarnoff We have a motion? Vice Chair Gort: Move it. Mr. Spanioli: You have any questions? Commissioner Spence -Jones: Second. Chair Sarnoff Motion by Commissioner Gort, second by Spence -Jones. Any discussion? Nicole N. Ewan (Assistant City Clerk): As modified, correct? Mr. Spanioli: Yes. There was a substitution provided to the Commissioners prior. Chair Sarnoff Maker understands the modification? Vice Chair Gort: Yes. Chair Sarnoff Seconder accepts? Commissioner Spence -Jones: I do. Chair Sarnoff You got it, Madam Clerk. All in favor, please say aye." The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RE.12 RESOLUTION 13-00595 City of Miami Page 108 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Honorable Mayor Tomas Regalado RE.13 13-00223 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXPRESSING SUPPORT FOR THE COMMUNITY -WIDE RECOMMENDATIONS OF THE JOINT ROUNDTABLE ON YOUTH SAFETY; DIRECTING THE MAYOR OR MAYORS DESIGNEE TO COLLABORATE ON THE ROUNDTABLE'S RECOMMENDATIONS, TO RECOMMEND TO THE CITY COMMISSION MATTERS REQUIRING CITY COMMISSION APPROVAL AND TO REPORTANNUALLY TO THE CITY COMMISSION AS THE ROUNDTABLE WORK CONTINUES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 13-00595 Letter - Joint Roundtable on Youth Saftey.pdf 13-00595 Pre -Resolution - Miami -Dade County.pdf 13-00595 Legislation.pdf 13-00595 Exhibit 1.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), ALLOWING THE COUNTY'S WATER AND SEWER DEPARTMENT TO RENDER WATER AND SEWER SERVICE TO THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 1099 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, SUBJECT TO REQUIRED APPROVALS AND TO THE TERMS, COVENANTS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 13-00223 Summary Form.pdf 13-00223 Amendment No. 4 - Outboard Club, Inc.pdf 13-00223 Legislation.pdf 13-00223 Exhibit 1.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0201 Chair Sarnoff RE.13, Mr. Manager. Henry Torre: Good afternoon. Henry Torre, director of Public Facilities. RE.13, correct, Commissioner? Chair Sarnoff RE.13, Mr. Director. Mr. Torre: Okay. Is a resolution authorizing the City Manager to execute an agreement for water and sanitary sewage facilities with Miami -Dade County, allowing the County's Water and Sewer Department to render water and sewer service to the City -owned property located at 1099 MacArthur Causeway. City of Miami Page 109 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.14 13-00590 District 4- Commissioner Francis Suarez Chair Sarnoff Is there a motion? Vice Chair Gort: Move it. Commissioner Spence -Jones: So move. Chair Sarnoff Motion by Commissioner Spence -Jones. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO UNDERTAKE ALL NECESSARY ACTIONS TO PROCURE AND IMPLEMENT GUNFIRE LOCATOR SYSTEM IN THE CITY OF MIAMI, IN PARTICULAR, A FOUR (4) SQUARE MILE AREA INCLUDING , ONE (1) SQUARE MILE IN OVERTOWN, TWO (2) SQUARE MILES IN LIBERTY CITY, AND ONE (1) SQUARE MILE IN LITTLE HAITI. 13-00590 Letter - ShotSpotter Flex.pdf 13-00590 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.14 was deferred to the June 13, 2013 Commission Meeting. Chair Sarnoff RE.12, Joint Roundtable on Youth Safety. Commissioner Spence -Jones: I believe this is the Mayor's item, right? Is he here? Chair Sarnoff Okay, we'll move on. Suarez is walking away. This is his issue. RE.14 is going to be the gunshot locator. Commissioner Suarez: Oh. Yes. Chair Sarnoff You want to --? Commissioner Suarez: I'm going to defer that to the next Commission meeting because I got "A," an e-mail (electronic) late from the police department regarding another system, so I wanted to spend a little bit more time with them on this issue. So I'll defer it to the next Commission meeting. Chair Sarnoff We have -- take it as a motion to defer. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. All in favor, please say aye." City of Miami Page 110 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.15 13-00536 The Commission (Collectively): Aye. RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Commissioner GRANT, IN THE AMOUNT OF $55,800, TO ACTION COMMUNITY CENTER Wifredo (Willy) Gort INC., FOR THE PROVISION OF UNINTERRUPTED TRANSPORTATION SERVICES TO THE ELDERLY; ALLOCATING SAID FUNDS FROM THOSE SET ASIDE BY THE CITY OF MIAMI FOR SUCH SERVICE. 13-00536 Letter - Request for Funds.pdf 13-00536 Legislation.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Carollo R-13-0198 Chair Sarnoff. All right. We're back on the record. What we're going to do, Mr. Manager, we're going to take up -- We had RE.15 as a time certain at 2 o'clock. I'm going to take that up. I'm going to take RE.13 up, which you said was about one minute, and then we'll take up RE.2, which I told was about two minutes, and then we'll get back to where we were. All right. RE.15, Mr. Manager. You're recognized for the record, Commissioner Gort. Vice Chair Gort: The reason I brought this up, if you recall, Accion is a corporation that's been providing transportation services within the area for the last 40 years. My understanding is they lost a contract in an RFP (Request for Proposals) that was put together. The individual there answered our fee that the -- their work -- and my understanding is, and when I had requested from Transportation America a report, they gave the report, all the performance they've done, and they were awarded up to $250, 000. Out of that, my understanding is they utilized $65, 000 to serve part of the community, but they missed a lot of the services in my area. So the City saved some money doing that. Accion continued, although they didn't have all the funding from the City, continued to supply the services to the residents of that area. The differences with the services is the other company, we told them, and all the senior centers, they were shown the system they needed to utilize in order to use Transportation America. Some of them started doing it, and then they realized that they were not very happy with the service, because it was a completely different service. They had to call 24 hours before to make an appointment, and the drivers a little different from the services they were used to. For that reason, I requested out of the City ofMiami if we could have a grant. My understanding is you have a budget in front of you. They have a deficit of $55, 000 to keep up into June. Once they get that, they have been able to receive funding from the State, from the County, and they have some additional funding coming from the State, which they'll be able to keep maintaining their services. This will only be one shot and that's it. Chair Sarnoff. All right. Is that a motion? Vice Chair Gort: That's a motion. Chair Sarnoff. It's a motion by Commissioner Gort. Is there a second? Commissioner Spence -Jones: Second for discussion, because I want to at least make sure I understand from the Administration if they have any concerns on this overall issue. Where is the dollars actually coming from? Are we taking it from the existing contract we have? What -- Can the Administration speak on this? City ofMiami Page 111 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Johnny Martinez (City Manager): Yes. It's an appropriate use of the half penny transportation fund. It's left over or money that's been left on the table from the Transportation America. Andl guess the real question: Is this the right vehicle to do it? Andl guess Maria can expand on that. Commissioner Spence -Jones: Okay. Maria J. Chiaro (Deputy City Attorney): If it is within the determination of the City Commission that this is best -- that it is in the best interest of the City to use these funds for this particular organization, then the City Commission can appropriately approve the use of the funds as such. Commissioner Spence -Jones: All right. So -- Chair Sarnoff. Commissioner Suarez is recognized. Commissioner Suarez: Thank you, Mr. Chair. I have a couple of concerns on this issue, and I'm actually glad to hear -- obviously, we don't get to talk about this beforehand, so I was -- one of the things I was worried about is whether this was a continual allocation or whether it was a one-time thing, because I know -- first of all, obviously, we knew we had a competitive process to get to this point. Commissioner Spence -Jones: Yes. Commissioner Suarez: And this -- another company was selected, based on their qualifications, unanimously, I think by, this Commission. Andl know there were some issues initially about how the transition was being handled, and you know, there were some issues about whether or not the vendor who had lost was actually, you know, facilitating a transfer from them to the other vendor. So that's just -- you know, and whenever there's a transition, there's always going to be, I think, some sort of a drop-off as the people get used to the new vendors. I know that our office has been very active in going to senior centers and letting people know that we have this service available. Andl think our office, just in the last few months, has signed up 264 people, which is about a fifth or a fourth of all the people that are registered under this system. So I fully anticipate that the requests for transportation services are going to increase dramatically. So that's one of the concerns that had about this, and l just don't want to give the wrong impression that we are -- you know, we've had a competitive process and that this company kept continuing giving services which we hadn't contracted them to do, and now we're going to, you know, for some reason, you know -- Vice Chair Gort: If you recall, when -- to expand the Transportation American, I voted in favor of them maintaining -- Commissioner Suarez: I know. That's what I'm saying, right. Vice Chair Gort: -- their contract, because they were providing the services. The good thing about this thing is we're providing additional and more services, because part of the City that was not being served before now is being served, like in your district and other districts. My district continued to be served by Accion, and that's one of the reasons why I'm pushing for this one time only. And this doesn't have anything to do with the RFP that was done. Commissioner Suarez: And let me tell you, had you not said that, I'm not sure that I would have voted in favor of it to be honest with you, because, you know, the fact that they've continued to serve your district, while noble on their part, wasn't their responsibility. That's part of the reason why the other company isn't getting, you know, the services and isn't using the full expenditure. So, you know, I'm willing to comprise, you know. Andl know how hard it was for you, because it was a procurement that was going to affect your district a lot, andl know that City of Miami Page 112 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 RE.16 13-00559 District 2- Commissioner Marc David Sarnoff you were very passionate about it. And, you know, and we did vote unanimously, andl will comprise and do this but -- Vice Chair Gort: I appreciate it, Commissioner, but one of the reasons I'm only pushing this is because I received a lot of complaints. I could have this room full of senior citizens, but I don't want to do that. I don't operate that way. But my office had received the complaints, and that's one of the reasons why I'm trying to support this, because also, we're talking about creating jobs, but we're going to maintain jobs, too. This is seven jobs that are on the line right now. Commissioner Suarez: No, andl don't do that either, andl think you andl are similar in that sense. We don't -- you know, there's no need for that. My understanding, in speaking to the Administration, was that they were very happy with the company and that they had even renewed the company at the City's request. Andl didn't know that -- I had never been told that there was any complaints about the company and the services. Mr. Martinez: I was not aware of any complaints, but obviously, the Commissioner had received some. Commissioner Suarez: So I just want to be clear that, you know, the City has renewed their contract. And these people buy, you know, their vehicles, their -- they staff people on the basis of what their contract says with the City, so I just want to make sure. I'll vote for this one time. I won't -- I'm not going to vote for it again. Vice Chair Gort: I won't either, so don't worry about that. Chair Sarnoff All right. We have a motion, we have a second. Any further discussion? Hearing none, all in favor, please say "aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, WITH THE ASSISTANCE OF THE DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF OFF-STREET PARKING, TO INITIATE, ADMINISTER AND EVALUATE A PARKLET PILOT PROGRAM WITHIN THE CITY OF MIAMI FOR A ONE (1) YEAR PERIOD, CONSISTENT WITH THE REGULATIONS AND POLICIES AS SET FORTH IN "ATTACHMENT A", ATTACHED AND INCORPORATED. 13-00559 Legislation.pdf 13-00559 Exhibit 1.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Spence -Jones Absent: 2 - Commissioner(s) Carollo and Suarez R-13-0207 Chair Sarnoff RE.16, Parklet pilot project. Commissioner Spence -Jones: Somebody presenting it? City of Miami Page 113 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff. I'd love for somebody to present it, but I will do it. Note for the Record: At this time an audio -video presentation was made. Chair Sarnoff. Parklets, if you don't know what they are, they're in a city near you. Probably, primarily San Francisco, Washington DC (District of Columbia) have been doing what are known as parklets. Parklets are, really, you're taking up parking space, allowing the community to use it. Ordinarily, it's for consumption of -- usually, it's the extension of a cafe. The good part of it, from a financial standpoint, is the way we would implement the program, is it would be as if they were parking there just like there was a parking car there. The other nice part of it is the green issue it brings to you because, obviously, it creates a little more green effect in your city. It's a pilot program. It allows five opportunities. I figured one per district, if you want. Commissioner Spence -Jones: Oh, okay, good. Chair Sarnoff. I'd be more than glad to go to more than five, but I didn't want to push the limit. This is the cutting -edge of where today is. And instead of me saying something, let's show it, if we could. So this is a parklet. A little bit of engineering. You'll see it being done in Philadelphia, Oakland, Los Angeles, San Jose, Dallas; see it being moved along. Danny, thank you. And you could see there are many, many different versions of it. And you can see how it's built so it's, obviously, to be flushed with your curb. This is from Washington, and I'll let you read it. I'm not going to read it to you. The good part of this is it's not permanent. If, for some reason, it doesn't work out in your community or, for some reason, you don't like it, let the one-year project go through. We can let it sunset on its own, or we can extend it and create an ordinance later on. I'm looking at it for the Grove. I'm also looking at it possibly for downtown. I'd love to do more than five. I brought five because I thought you all would say, "Well, let's try it first. " Commissioner Spence -Jones: No. I definitely love it. I know, for instance, in Buena Vista, I mean, they have a lot of challenges with their little, you know, bistros. I know they would love to have this -- Vice Chair Gort: Move it. Commissioner Spence -Jones: -- definitely in the Design District. But let's not move it for five. Can we at least say ten, maybe ten? Chair Sarnoff. Oh, I -- very fine with ten. Commissioner Spence -Jones: Or -- yeah, because -- Chair Sarnoff. Whatever number you want, I'm okay with it. Commissioner Spence -Jones: Design District. These -- this is definitely -- Vice Chair Gort: Can be used in a lot of places. Commissioner Spence -Jones: Yeah. Chair Sarnoff. You want to go to 20? I mean, if you want to try this out, let's try it out all over the City. Commissioner Spence -Jones: Okay, we can do that andjust max it out at 20. But I just know for sure, like Buena Vista, those little cafes -- City of Miami Page 114 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff I know Buena Vista could probably use three or four. Commissioner Spence -Jones: -- they would love this, man. I mean, this -- Vice Chair Gort: Yeah. Commissioner Spence -Jones: -- would be so awesome for them. Chair Sarnoff Okay. So let -- so the maker accept 20? Vice Chair Gort: Yes. Chair Sarnoff Seconder accept 20? Commissioner Spence -Jones: Yes. Chair Sarnoff All right. Any discussion? Any more? All in favor then, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Very good. That was great. Commissioner Spence -Jones: The river restaurants, they would love this too. Vice Chair Gort: Great. Chair Sarnoff Excellent presentation, MPA (Miami Parking Authority). Vice Chair Gort: It was great. Chair Sarnoff Once again, you guys are on top of things. RE.17 RESOLUTION 13-00581 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ROADWAY TRANSFER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (DEPARTMENT), FOR THE TRANSFER OF STATE ROAD 5/US-1/BRICKELL AVENUE, MIAMI, FLORIDA, FROM THE DEPARTMENT STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI ("CITY") STREET SYSTEM AND THE TRANSFER OF SOUTHWEST /SOUTHEAST 1 STREET, NORTHWEST/NORTHEAST 1 STREET, NORTHWEST 3 AVENUE AND NORTHWEST 3 COURT, MIAMI, FLORIDA, FROM THE CITY'S STREET SYSTEM TO THE DEPARTMENT STATE HIGHWAY SYSTEM, AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER AGREEMENTS, PERMITS AND ANY OTHER RELEVANT DOCUMENTS THAT MAY BE REQUIRED TO EFFECTUATE THE TRANSFERS. City of Miami Page 115 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 BC.1 13-00539 Office of the City Clerk 13-00581 Summary Form.pdf 13-00581 Letter - Proposed Roadway Transfers to City of Miami.pdf 13-00581 Legislation.pdf 13-00581 Exhibit 1.pdf 13-00581-Memo-Substitution for RE.7 Roadway Transfers.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.17 was deferred to the June 13, 2013 Commission Meeting. Note for the Record: Please see Order of the DayTor minutes referencing Item RE.17. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Sarnoff of the Downtown Development Authority Commissioner Spence -Jones of the Commercial Solid Waste Management Advisory Committee Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Sarnoff of the Omni Community Redevelopment Agency Commissioner Spence -Jones of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Spence -Jones of the Mayor's International Council Commissioner Gort of the Midtown Community Redevelopment Agency City of Miami Page 116 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Spence -Jones of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Florida League of Cities Commissioner Suarez of the Miami -Dade County League of Cities Commissioner Spence -Jones of the Miami -Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 13-00539 Commissioners as Members of Boards CCMemo.pdf 13-00539 History Commissioners as Board Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-13-0209 A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Spence -Jones as vice chairperson of the Mayor's International Council and to maintain the status quo on all remaining boards, trusts, authorities, committees and agencies. Commissioner Spence -Jones: Are we doing any board appointments today, or no? You have -- I don't have any. Chair Sarnoff I think it's us. I think -- Commissioner Carollo: Yeah, I think it's -- Chair Sarnoff -- board appointments is us. Commissioner Carollo: -- Commissioners. Commissioner Spence -Jones: Oh, okay. Chair Sarnoff I think it's the -- City of Miami Page 117 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Nicole N. Ewan (Assistant City Clerk): That is correct. It's the annual review of the Commissioners as board members. Commissioner Carollo: Do we keep everything the same and --? Commissioner Suarez: Ye, I'm good with that. Chair Sarnoff Can we do a blanket like that? Ms. Ewan: You can make a motion to keep everything the same. Chair Sarnoff Commissioner Carollo just made a motion -- Commissioner Carollo: Hold on. No. Chair Sarnoff I'm sorry. Commissioner Carollo: The only thing is that I'm vice chairman of the Mayor's International Council, andl would like to see if some other Commissioner would like to serve as that and -- Chair Sarnoff But you're doing a great job. Commissioner Suarez: Go for it. Commissioner Carollo: So I think -- Commissioner Spence -Jones: Oh, my goodness. Commissioner Carollo: -- Commissioner Spence -Jones -- Commissioner Suarez: I know. Commissioner Spence -Jones: I'm afraid to take it now. Commissioner Suarez: You're fantastic. Commissioner Carollo: You see that? No. You know, so -- Commissioner Spence -Jones: I'll take it. Commissioner Carollo: Yeah. So I make a motion to leave everything the same, except for vice chairman of the Mayor's International Council, which will now be Commissioner Spence -Jones. Chair Sarnoff That's a motion by -- Commissioner Suarez: Second. Commissioner Spence -Jones: Who's the chair? Chair Sarnoff -- Commissioner Suarez -- Commissioner Spence -Jones: Who's the chair? Chair Sarnoff -- second by -- City of Miami Page 118 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Commissioner Spence -Jones: Who's the chair? Commissioner Suarez: The Mayor, I think. Chair Sarnoff I assume the Mayor. It will be interesting. Any discussion? Commissioner Suarez: I'm not. Chair Sarnoff All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Wow, that was a (UNINTELLIGIBLE). END OF BOARDS AND COMMITTEES BUDGET BI.1 BUDGET DISCUSSION ITEM 13-00537 Office of Management STATUS (SEC.18-542(B) CITY CODE) and Budget I. 2012-2013 BUDGET II. PROPOSED 2013-2014 BUDGET DI.1 13-00500 13-00537 Summary Form.pdf NO ACTION TAKEN DISCUSSION ITEM END OF BUDGET DISCUSSION ITEMS District2- DISCUSSION REGARDING THE DEPARTMENT OF INFORMATION Commissioner Marc TECHNOLOGY. David Sarnoff 13-00500 Email - IT Department.pdf Motion by Commissioner Suarez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones DI.2 13-00566 Department of Police Note for the Record: Please see Order of the DayTor minutes referencing Item DI.1. DISCUSSION ITEM UPDATED REPORT ON THE INDIVIDUALS ARRESTED FOR City of Miami Page 119 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 SHOOTINGS IN THE CITY OF MIAMI. 13-00566 Summary Form.pdf Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff All right. That leaves us with first readings. We have all the first readings: FR.1, FR.2, FR.3. We're on RE.1. We did RE. 2. We have RE. 3, 4, 5, 7, 8 -- Commissioner Spence -Jones: I thought 7 and 8 were removed. Nicole N. Ewan (Assistant City Clerk): 7, 8, and 9 were deferred. Chair Sarnoff Oh, I'm sorry. Okay. There you go. Commissioner Spence -Jones: I just want to make sure. Chair Sarnoff Now you're helping me out. Commissioner Spence -Jones: And also, I thought RE.6, as well, no? No, no. RE.6 we did already. That was the transfer -- Chair Sarnoff Correct. Commissioner Spence -Jones: Yeah, that was done. Chair Sarnoff Right. So we have 9, 10, 11, 12, 14, and 16, and then we have board appointments. So we're more than halfway through. We're a good ways through the regular agenda. Commissioner Spence -Jones: Okay. Chair Sarnoff And also, the other thing will --I will also move to defer -- what is it? -- move to withdraw -- because I'll take these privately -- DI. 2. So does that need a motion? Ms. Ewan: If it's your item, you do not need a motion to withdraw. Chair Sarnoff It's a Citywide issue but don't want to -- Ms. Ewan: Then you can if you wish. Chair Sarnoff Can I get a motion on DI2 to withdraw it? Vice Chair Gort: Move it. Commissioner Spence -Jones: Second. Chair Sarnoff It's the issue with regard to individuals arrested. Okay. We have a motion by Commissioner Gort; second by Commissioner Spence -Jones. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. END OF DISCUSSION ITEMS City of Miami Page 120 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 PART B: PLANNING AND ZONING ITEMS Chair Sarnoff Mr. Manager, I'm told that we can go to the P&Z (Planning & Zoning) agenda just to get some deferrals out of the way. I don't know ifMadam -- Ms. Ewan, you want to open up the P&Z agenda? Commissioner Spence -Jones: And then, Mr. Chairman -- Chair Sarnoff Go ahead. Commissioner Spence -Jones: For the most part, I just want to be clear. The only thing we would have left is the redistricting on the regular agenda and there's not much you have to -- because a lot of this stuff is deferred, correct? Can we just do like a little check to make -- just go back through these items so we're all on the same page, because some of these things are quick items that we can just be done with. Chair Sarnoff The only reason I'm going to the P&Z is so that I -- Commissioner Spence -Jones: No, no. I'm saying just in general when we finish that. Chair Sarnoff Gotcha. Commissioner Spence -Jones: Just if we could do a refresher on those, that would be great. Chair Sarnoff Sure, sure. Commissioner Spence -Jones: Okay. Chair Sarnoff All right. So let's go to the P&Z just to see what deferrals they have so the lawyers can go home. Nicole N. Ewan (Assistant City Clerk): Chair, we needMadam City Attorney to open up the -- Julie O. Bru (City Attorney): I could do the rules of procedure now, or you could do them when it actually starts, however you would want. Chair Sarnoff Whatever you want now. Ms. Bru: Okay. So the P&Z items shall proceed as follows: Before any P&Z item is heard, all those wishing to speak will be sworn in by the Clerk. Staff will briefly describe each item as it is to be heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall be as described in the City code. Members of the public will be permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda will be entered into the record at the City Commission's discretion. Thank you, Mr. Chair. Chair Sarnoff You're welcome. All right, so, Mr. Manager or -- Ms. Ewan: Chair, I'm sorry. I need to -- Chair Sarnoff Everybody want to raise their right hand," is that it? City ofMiami Page 121 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Ms. Ewan: Yeah. Chair Sarnoff Okay. Ms. Ewan: Before I administer the oath, does anyone need a Spanish or Creole interpreter? Deborah Spector, official Spanish Interpreter and Ralph Desmongles, official Creole interpreter, translated the Assistant City Clerk's comments. Ms. Ewan: Thank you. Anyone speaking on today's planning and zoning items, ifI can please have you stand and raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Ewan: Thank you, Chair. Chair Sarnoff You're welcome. Now, Mr. Planning Director, what items do you wish to move or defer? Francisco Garcia: Thank you, sir. Francisco Garcia, Planning and Zoning director. There are three items that we would like to either continue or withdraw: Items PZ.7 and PZ.14, to be continued to June 27, so the next like meeting and Item PZ.15 to be withdrawn permanently, that is. Chair Sarnoff Okay. Mr. Garcia: As far as PZ.7 and PZ.14, I'll just read into the record for those who are here concerned about one or the other item. PZ.7 is the rezoning of 121, 123, 127 and 139 Southwest North River Drive, and PZ.14 is the Citywide text amendment for signs. Chair Sarnoff Okay. Is there a motion? Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff You want to be heard? Iris Escarra: Good morning. Iris Escarra, on behalf of PZ.7. If it's possible -- we're okay with a deferral -- if could be to the June 13 agenda, if that could be considered? Chair Sarnoff Mr. Planning Director? Mr. Garcia: We're certainly happy to work with you towards that, yes, sir. Ms. Escarra: Thank you very much. Chair Sarnoff Does the maker understand that; seconder understands? Vice Chair Gort: Yes. Chair Sarnoff All right. So we have motion by Spence -Jones, second by Gort. Any further discussion? Hearing none, all in favor, please say iiye. " City of Miami Page 122 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 The Commission (Collectively): Aye. Chair Sarnoff Commissioner, what -- I could report to you where we find ourselves. Commissioner Spence -Jones: Yes. Chair Sarnoff We're through all the public hearings. We're through the consent agenda. SR. 2, I'm actually going to move to continue to the -- I'll tell you what, I'll give it a -- for the next meeting. Commissioner Spence -Jones: SR. 2? Chair Sarnoff It's the security shutters. Commissioner Spence -Jones: So we're not hearing that today? Chair Sarnoff Correct. But I'm going to need a motion on that. Commissioner Spence -Jones: So move. Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Spence -Jones; second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Going back to redistricting. Can we get Commissioner Spence -Jones out here? Commissioner Suarez: How much -- what else do we have? Do we have anything else? Chair Sarnoff I think that's it. I'm going to waive any of my discussion items. Commissioner Suarez: And my discussion item related to the thing that we passed earlier, the -- so we're -- I'm good. Chair Sarnoff Okay. Commissioner Suarez: Andl think (UNINTELLIGIBLE). Chair Sarnoff This is it. Commissioner Spence -Jones: This the last item? Chair Sarnoff I think this is it. Yeah, I think this is it. Commissioner Carollo: We discussed mine withthe audited financial statement. Commissioner Spence -Jones: So we're not going to do the Mayor's item at all, right? Chair Sarnoff He's not here. Commissioner Suarez: Defer it to the next one. City of Miami Page 123 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: (UNINTET,TIGIBT,F) defer it to the next meeting. Chair Sarnoff. Do we have to defer that or will it just happen? Nicole N. Ewan (Assistant City Clerk): We'll need a motion to defer it. Chair Sarnoff. What is the item? FR (First Reading) -- what is it? RE (Resolution) -- Ms. Ewan: RE.12. Chair Sarnoff RE.12. Is there a motion on RE.12? Vice Chair Gort: Move it. Chair Sarnoff. Motion by Commissioner -- Commissioner Carollo: Well -- Chair Sarnoff. -- Suarez -- motion to continue, for one. Commissioner Carollo: Yeah, but in all fairness to the Mayor, I want to make sure that, you know, he's not going to be here. So I would like to defer it maybe at the end of the meeting, because what if he comes in? Commissioner Suarez: Yeah, let's wait until after redistricting. Commissioner Carollo: I mean, he may come back for redistricting or some other items so -- Chair Sarnoff. Okay. Commissioner Carollo: I mean, I don't have a problem deferring it, but -- Commissioner Spence -Jones: (UNINTET,TIGIBT,F) after redistricting. Chair Sarnoff No. Commissioner Carollo: Well -- Chair Sarnoff. That's it. Commissioner Carollo: But regardless, I just want to make sure that, you know -- Commissioner Suarez: It's fine with me. Commissioner Spence -Jones: Not a problem. Commissioner Carollo: -- we extend as much courtesy as possible and -- Chair Sarnoff. That's fine. Commissioner Spence -Jones: Not a problem. Chair Sarnoff. Ready, Mr. Cody? Mr. Cody: Hopefully, your IT (Information Technology) people are ready to go. If you could put City of Miami Page 124 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 the -- my screen up on the big screen. Commissioner Carollo: We need IT or Francisco Garcia to come and set it up for you? Mr. Cody: It was working before, then we went on to something else so -- I don't know. But, hopefully, while somebody's -- PZ.1 ORDINANCE Second Reading 05-00410ap AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3, AND ARTICLE 7, OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 8.14 ACRES FOR THE RIVER LANDING SPECIAL AREA PLAN ("SAP"), A MIXED -USE DEVELOPMENT LOCATED AT APPROXIMATELY 1400, 1420 AND 1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 2,147,331 SQUARE FEET OF DEVELOPMENT; INCLUDING: A) APPROXIMATELY 444 RESIDENTIAL UNITS; B) APPROXIMATELY 1,618,383 SQUARE FEET OF COMMERCIAL USE; C) APPROXIMATELY 130,732 SQUARE FEET OF OPEN SPACE; AND D) APPROXIMATELY 2,418 PARKING SPACES; AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114, BY CHANGING THE ZONING CLASSIFICATION OF THE ABOVE -REFERENCED PROPERTIES FROM "T6-8-O" URBAN CORE ZONE TO "T6-24-0" URBAN CORE ZONE; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT, NOT TO EXCEED A TOTAL OF 2,147,331 SQUARE FEET OF DEVELOPMENT; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00410ap CC 05-23-15 Fact Sheet.pdf 05-00410apAnalysis (New), Maps, Waiver Decision & UDRB Reso.pdf 05-00410ap PZAB Reso & Updated Zoning Write Up.pdf 05-00410ap Letter of Intent. pdf 05-00410ap CC Legislation (Version 4).pdf 05-00410ap Exhibit A. pdf 05-00410ap Exhibit C.pdf 05-00410ap Exhibit D.pdf 05-00410ap (Exhibit D) River Landing Plans/Concept Book.PDF 05-00410ap River Landing SAP Binder.pdf 05-00410ap-PowerPoint Presentation -River Landing. pdf 05-00410ap-Submittal-Letter-Miami River Commission. pdf 05-00410ap-Submittal-Letter-Miami River Commission 05-23.pdf LOCATION: Approximately 1400, 1420 and 1500 NW N River Drive [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of River Landing Development, LLC, Contract Purchaser (Mahi Shrine Holding Corporation, Owner) City of Miami Page 125 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* on April 17, 2013 by a vote of 10-0. See companion File ID 05-0041 0da. *See supporting documentation. PURPOSE: This will allow the "River Landing" SAP development. Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13382 Chair Sarnoff All right, anybody want to go through PZ (Planning & Zoning) first before we go to boards or --? You want to go to boards? Vice Chair Gort: Oh, no, PZ Chair Sarnoff PZ? Okay. So PZ.1 and PZ. 2. Probably wondering what you're doing here all day. It's like sausage, right, watching government at work. Vicky Garcia -Toledo: Good government at work. Chair Sarnoff Good government at work. You're recognized for the record, Ms. Toledo. Francisco Garcia (Director, Planning): I'll introduce the item briefly. Chair Sarnoff No. I apologize, Mr. Garcia. Mr. Garcia: No trouble at all. Francisco Garcia, Planning & Zoning director for the record. PZs.1 and 2 are companion items. They are the special area plan and development agreement for the River Landing project. I know that you are familiar with the project, as it has already been presented to you. I will defer to the applicant to make any additional presentations, but will tell you happily that in meeting with them, as we committed to do so prior to this Commission last time around, we've certainly reached what we think is a very satisfactory agreement to address all the conditions that were still being worked out the last time around. With that, we recommend approval, subject to the conditions, the revised conditions, I should emphasize, that you have in your packet. Vice Chair Gort: Thank you. Chair Sarnoff All right. Ms. Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo and Javier Avi?o from Bilzin Sumberg, and we're here on behalf of River Landing. Commissioners, we did a full presentation on this matter last time. I know you're running late. Chair Sarnoff I don't remember the presentation. No, I'm just kidding. Ms. Garcia Toledo: So we can either do that, or we are here to answer any questions you may have. I am happy to report, as Francisco just did, that we met, and the conditions that are in the revised both PZ.1 and PZ.2 are ideal conditions, and we -- I think we can work well with those. City of Miami Page 126 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 We've also -- you know, consistent with my statement about expanding the scope of the traffic study to include an additional intersection, and that's been added as a proffered condition to the sufficiency letter on traffic. And with that, it's up to -- Vice Chair Gort: Move it. Ms. Garcia -Toledo: -- you to tell me what you need. Commissioner Spence -Jones: Second. Chair Sarnoff. We have a motion by Commissioner Gort -- Commissioner Spence -Jones: Second. Discussion. I just want to -- Chair Sarnoff. Second by Commissioner Spence -Jones. You're recognized for the record. Commissioner Spence -Jones: Thank you. I just wanted to make sure -- because I did have a meeting with the Spring Garden folks and the Miami River Commission right after. So I just want to make sure that they can officially put something on the record, because that was one of the main questions I had in my meeting and not having -- definitely support this 100 percent, but it's important for me to hear from you guys. Karyl Boynton: Thank you. My name is Karyl Boynton. I live at 978 Northwest North River Drive, in the Spring Garden neighborhood. We have met with Vicky on a number of occasions. We have looked at the plan. We understand it's in the planning stages. And the way things go, it may take a different shape, but we like the concept. We like the idea of a multi -use in our neighborhood, at least at this remove; don't want it right on top of our next door. One of the things that we respect is that we're well aware that there's going to be a tremendous traffic impact in the neighborhood. It does not appear that there's going to be much done to widen the 12th Avenue Bridge or the 17th Avenue Bridge, and so folks are going to be traversing in and out of this area, as well as the medical center. And, already, we are experiencing within our little residential pocket short -cutting through the 7th Avenue Bridge and out so that people can avoid the stop lights. There's about six stop lights if you don't take the short-cut through the neighborhood. And there are 10 to 12 children, and bicycles, and dogs and people that are pedestrians in the neighborhood that become obstructions. So what we ask is that as the Commission makes decisions on how impact fees are utilized as a result of this project that some very serious consideration be given to the traffic patterns that are going to be up and down 11 th Street, east of this project, and the way in which people are currently and, we believe, increased numbers will be cutting through our residential neighborhood. It's a terrific safety concern to the residents. Vice Chair Gort: I have a suggestion. At one time, that road was blocked because they were working on the bridge. Ms. Boynton: It was -- Vice Chair Gort: It has -- Ms. Boynton: -- wonderful. Vice Chair Gort: I understand that. So this is something that we can look into it, because I go through there every day. I come out of the Miami police station every night about 6, 7 o'clock, I take 3rdAvenue and go through that area. I never cut through it because I respect -- Ms. Boynton: I'm the one that stands out there and screams "slow down. City of Miami Page 127 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Vice Chair Gort: Right. So I'm the one that -- I never use it because I respect the traffic that's going to go through there. So I think we should have some kind of roadblock in there to make sure the people don't use it. Ms. Boynton: We met with -- Vice Chair Gort: It could be a -- Ms. Boynton: -- Commissioner Barreiro in the County on -- Vice Chair Gort: -- one-way street coming out. We'll look for solutions. Ms. Boynton: That's as a possibility. IfI can use a medical analogy, we're experiencing the symptoms, but we're not really in a position to diagnose or prescribe, and so what we want to do is have some studies done. And Commissioner Barreiro in the County has agreed to work with us to put up some signage possibly for rush-hour traffic morning and the afternoon to deflect permission to come into the neighborhood. And let's continue to do studies, and as the problem escalates, we can have further decisions. We just want to know that the neighborhood has got your support to consider our needs in this regard as those impact dollars are being designated. Vice Chair Gort: My commitment to you is I'll make sure I have a good relationship with Commissioner Barreiro's office; that well provide the MRI (Magnetic Resonance Imaging) to take care of Ms. Boynton: Okay. There's someone else from our neighborhood that wants to address you as well. Vice Chair Gort: Well, I don't know about him. Ms. Boynton: Thank you for your time. Oh, and parklets. Gosh, we'd like one of those, too. So if you're going to do 20, we'll talk. Thank you. Vice Chair Gort: The County Commission is very important for that. Ernie Martin: Ernie Martin, 1000 North River Drive, also from Spring Garden. Andl want to thank Vicky for -- she needs to get an apartment in Spring Garden, because she's there so often in our living rooms and telling us constantly about this project, which I think is of major significance. It's going to have a big impact on the neighborhood. And we have for three decades now tried to protect our neighborhood's integrity by the enormous pressures of the Health District, formerly known as the Civic Center. I mean, it's where everybody goes sooner or later. Whether you're getting a birth certificate or you're going to the morgue to check out or whether you're going to pay a traffic signal [sic] or whether you're going to go to jail or whatever, you're going to eventually end up in the Health District. And it -- that would -- means that people are going to try to get through that area as fast as possible, and they often come through Spring Garden at a very rapid pace, and it's not conducive to our desires to maintain the integrity of the single-family historic district. And we realize that the Health District has finally jumped over 836. We knew that was going to happen sooner or later, and it is now expanding, 'cause the Health District is immune to the recession that we have just been through and are now recovering from, because hospitals and jails continue all the time, whether or not there's a good economy or a bad economy. So we're seeing that the 836 is no longer the boundary and people and developments are moving in our direction. And although this River Landing project is going to create major retail and residential opportunities at a very close proximity to Spring Garden, it's not in our Commissioner's district, but she is very sympathetic. And we have a very good friend in Commissioner Gort, who has been working with us for the three decades that we've City of Miami Page 128 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 been trying to preserve this neighborhood. And what our major concern is that the impact fees, which are substantial, from such a major development be utilized in the most appropriate way for those neighborhoods that are really impacted, and we believe we are one of those neighborhoods. And thank you very much for -- Vice Chair Gort: Ernest, first of all, I want to thank you. And if somebody knows how to work with the County, it's yourself. I want people to know that Southwest 8th Street, all the way from 2ndAvenue to Northwest 27th Avenue, the creation of the palm trees and all the beautification took place there was thanks to you. You were in charge of CDBG (Community Development Block Grant) in the County and you're the one that did it. So I want to thank you. Mr. Martin: Well, thank you for that, even though the people in the film office always criticized me for that, because they said "Now we can't use this as Omaha; this is Miami. " Thankyou very much. Vice Chair Gort: Thank you. Chair Sarnoff Thank you. So, Commissioner Gort, I now know all roads lead through Commissioner Gort. I just want to get there slowly. You're recognized for the record. BretBibeau: Thankyou, honorable Chairman, honorable City Commission. BretBibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. I'm joined today by our honorable elected chairman, Horacio Stuart Aguirre, who's unfortunately a bit under the weather so he asked me to read his letter into the record. This letter serves as the Miami River Commission's official statement, as requested in City Resolution 00-320, regarding the May 23, 2013 City Commission agenda items PZ.1 and PZ.2, which impact the Miami River. During the Miami River Commission's March 4 public meeting, Vicky Garcia -Toledo presented the subject River Landing mixed -use project, featuring a 50-foot wide public river walk, two side yards, and middle corridor, which are all publicly accessible 24 hours per day, 7 days per week, with no waivers, no exemptions, no exceptions, and no reductions of the public river walk provisions required under the City of Miami's zoning code, Section 3.11 and Appendix B. The Miami River Commission therefore passed a unanimous resolution recommending approval of River Landing as it is consistent with the Miami River Greenway Action plan and the Miami River Corridor Urban Infill plan. And of course, your continued support for the Miami River is sincerely appreciated. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ. 1, please, step up. Hearing none, seeing none, coming back to this Commission. Any further discussion? Commissioner Spence -Jones: Yes. I just want to just make -- I'm sorry. Chair Sarnoff Go ahead. Commissioner Spence -Jones: I just want to make sure I'm clear, so I -- I'm glad that Miami River Commission, everybody's on the same page. Spring Garden's on the same page. So you know, Vicky, we had a meeting about a week and a half ago and there was a concern that came up as to whether or not they were really -- they had all the information. So I'm glad to see that they're in the room and they're comfortable with everything as it's moving forward. My only question so that -- 'cause I'm hearing the impact fees, impact fees, impact fees, which really doesn't have anything to do with you 'cause you can't really make that decision. Ms. Garcia -Toledo: All we can do is pay Commissioner Spence -Jones: But I -- right. City of Miami Page 129 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Ms. Garcia -Toledo: And we will pay. Commissioner Spence -Jones: So I think what -- andl asked them to actually go and meet with Commissioner Gort because, really, it was in your district. Andl think the biggest concern with me supporting the project -- andl want to make sure that you guys are -- you know, want me to make sure your issues are addressed -- is -- there's key things from the traffic standpoint that at least those dollars that are set aside, that they can assist with, you know, the traffic in the area; that at least they have your support on the record saying that, so that the staff will be directed to kind of address that. And then also I know that there were some greenway improvement things that they wanted to have happen. We did the same similar thing, Vicky, with Dacra in -- for the Design District. They did a lot for the historic community we have there, Buena Vista. So we wanted to -- I know one of the things that we talked about was that that was one of the things they wanted to see happen. What came out of that was that they were fine and comfortable with it coming from the impact fees portion of it, Commissioner Gort, but I just wanted to have this conversation with you because I -- we're saying we're okay with it. I mean, everybody's happy, but I don't want to get a phone call later on saying that's, you know, that's not really what we thought was going to happen. So that's why I just called Francisco over to be clear what do we -- what kind of action do we need to take before this --? 'Cause once we vote on this item, it's done. What kind of actions do we need to take to ensure that, one, your traffic issue's really resolved, okay? And the greenway improvement things that we talked about on the river as a part of this project are actually included. So I just want to make sure that we handle that. Vice Chair Gort: Well, I want to make sure -- I haven't seen anything and nobody has discussed anything with me about the green space or anything like that. Commissioner Spence -Jones: They didn't? Vice Chair Gort: No. So I -- you know, it's -- Commissioner Spence -Jones: Okay. Did you ever have the meeting with the Spring Garden? Vice Chair Gort: Yeah. Commissioner Spence -Jones: Okay. Mr. Martin: I -- just thank you very much, Commissioner, because Eileen Broton just reminded me that we need to also make sure that the impact -- there is a substantial part of the impact fees that are related to parks. Commissioner Spence -Jones: Yeah. Mr. Martin: And there is a remaining issue regarding the greenway, as you correctly stated. That is the Seybold Canal house that we are -- Commissioner Spence -Jones: They've been trying to get restored. Mr. Martin: -- trying to finalize, and it needs some additional matching grants for -- a FIND (Florida Inland Navigation District) grant that the Administration has been able to identify only a portion of and that, ultimately, we are hopeful that the balance of the needed local match will come from -- this is City -owned property. Commissioner Spence -Jones: Yeah, I know. Mr. Martin: And that it will -- City of Miami Page 130 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: So that we're clear -- and again, I'm not trying to stop Commissioner Gort's project. I support this. I love this project. I'm excited about this project. But I do have a district that I have to serve, which is Spring Garden, and the closest neighborhood, which I what I told V cky when I met with her -- to this wonderful development is Spring Gardens [sic], andl know right now the community's already being impacted already. So when this big project comes, which is a great project, the numbers are going to be increased. So what they met with me about -- andl want to make sure we address this for them -- is that they were very concerned with the fact that there are going to be even more people coming through their neighborhoods, and is there a plan put together to address the traffic? Based on our first meeting, I thought that -- what Vic/ ry presented was that there was a traffic plan put in place and that they had met with you and had a discussion. You -- when I had a discussion with you, you said it was only two, correct? A meeting, and there were only a couple people in the meeting. Mr. Martin: There were three meetings with the Miami River Commission and one meeting with the Spring Garden Civic Association, and we had a subsequent meeting this week with Vicky Garcia. Commissioner Spence -Jones: Right. Mr. Martin: So -- Commissioner Spence -Jones: So, again, I hear you fidgeting over there, but it's really important. This is -- I understand your district and you want to get it done, but I have to also respect the residents. Vice Chair Gort: What do you want to do? Commissioner Spence -Jones: So -- Vice Chair Gort: Defer it? Commissioner Spence -Jones: No, I don't want to defer it. I just want to get a commitment on the record from this Administration that a part of the park fees, the impact fees can assist them with traffic or assist them with the greenway improvements. That's what -- I mean, that's what -- and I'm talking about City -owned parks, so they're not asking for them -- for this personally. This is a City -owned park that has a Seybold building. It's a historic house they've been trying to get fixed for God knows how long. And I'm not asking Vicky to pay for it. I'm just simply saying the fees that come from it, do you -- are you in support -- 'cause Administration needs to hear it from you 'cause it's not in my district. I can't -- I just asked them that. It can't come from me; it's not my project. Vice Chair Gort: I stated before and -- I've not been sitting down with them. Nobody has talked to me, and I'm sorry they haven't talked to me. This comes as a surprise to me, what they're going to do there. So my understanding is, I'd like to have an idea what's going to go on and what's going to happen, how much money we have, how much we can spend, what needs to be pledged. I made a commitment that I'll be working with the County Commissioner of that area, which I'm sure will be in favor of working with me, to make sure that the park and greenway gets done. Commissioner Spence -Jones: Right. Vice Chair Gort: Now, you want to tie something to the -- andl don't know if you need anything more than our commitment from the Administration and myself. Commissioner Spence -Jones: Right. City of Miami Page 131 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Vice Chair Gort: And, I mean, Ernest andl go way back a few years, and he knows my commitment's worth it so. Commissioner Spence -Jones: Right. Andl just want to be clear -- Vice Chair Gort: Okay. Commissioner Spence -Jones: -- Commissioner Gort. We don't have a issue with passing the item and supporting the item, and Vicky has already said that they don't have a issue with it either. It's the impact fees and whatever they need to be spent on. I just want to make sure in the end, that the residents -- I did make a comment when I met with them that you need to go see Commissioner Gort. Remember, I'm in the meeting. Andl said that to Miami River Commission as well. Sit down with Commissioner Gort, 'cause I don't want him to be surprised in the end. Andl said go see Commissioner Barreiro 'cause I'm sure he could help. And you did the Commissioner Barreiro meeting, which is awesome, but Commissioner Gort never got the meeting. So we can vote on this item, but I would just ask that Commissioner Gort, if there's any way -- Vice Chair Gort: You have my commitment. Commissioner Spence -Jones: Okay. Vice Chair Gort: Andl -- Commissioner Spence -Jones: Well, tell -- not me, not me. Vice Chair Gort: No. Commissioner Spence -Jones: Ernie -- Vice Chair Gort: The amendment -- Mr. Martin: No, no. Commissioner Spence -Jones: -- are y'all okay? Mr. Martin: In our meeting -- when Vicky was there, in our meeting, we called -- Charles Flowers made the phone call to Commissioner Gort and mentioned that this is a concern and that we -- Commissioner Spence -Jones: Well, he didn't get that phone call, but it's okay. Vice Chair Gort: No, I got the phone call -- Commissioner Spence -Jones: Oh, you did. Vice Chair Gort: -- that he had a concern. I didn't see the plans. Ms. Garcia -Toledo: And that was not at our meeting. Vice Chair Gort: I don't know -- Ms. Garcia -Toledo: That was at a private meeting. City of Miami Page 132 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Vice Chair Gort: -- how much you're talking about. I don't know what the impact fee is, how much it's going to be for parks, how much it's going to be for schools, for roads. Mr. Martin: Our understanding is -- Vice Chair Gort: I don't have that information. Mr. Martin: -- that it's going to be over $1 million in impact fees, so -- and the need -- Vice Chair Gort: You have more information than I have. Mr. Martin: -- for the canal house is less of $140, 000 so, ultimately, it will -- you know, at the time of the permitting and the payment being made, it will be determined by the City Administration, I guess, with your advice. So we will be happy for anything we get because we've -- Vice Chair Gort: I can assure you -- Mr. Martin: -- been working for two years -- Vice Chair Gort: -- I'm sure I'm going to get -- Mr. Martin: -- approximately 20 years on to get our -- Vice Chair Gort: Yeah, I know. It's been a lot longer than two years. Mr. Martin: -- Seybold canal house. Vice Chair Gort: I am sure I'll sit down with the Administration and I'll -- we're going to work out something. Mr. Martin: Okay. Vice Chair Gort: Not only the landscaping but the traffic. Commissioner Spence -Jones: Yes. Vice Chair Gort: I think the traffic, we need to do something in that bridge. Mr. Martin: Two things. Vice Chair Gort: When that bridge was closed, you guys had heaven in there. Mr. Martin: Yeah. Vice Chair Gort: And that's a beautiful community, which I know it very well. Mr. Martin: You do. And you have been our friend consistently, as has been our Commissioner. Commissioner Spence -Jones: So I did my job. Chair Sarnoff All right, let's call the question. It's an ordinance. We need to close the public hearing. Public hearing is now closed. Madam City -- any further discussion? It is an ordinance, Madam City Attorney. City of Miami Page 133 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.1. Commissioner Carollo? Commissioner Carollo: Yes. Ms. Ewan: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Ewan: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Before I vote, I want y'all to know we have Lillian Blondet back there. She's with work off -- Workforce Miami, and one of the commitment that I have from you, that you're going to work with her to make sure we hire people within the Workforce Miami. Okay. Ms. Garcia -Toledo: That is correct. Vice Chair Gort: Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff Yes. Ms. Ewan: Item PZ.1 is adopted on second reading, 5-0. PZ.2 ORDINANCE 05-00410da Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MAHI SHRINE HOLDING CORPORATION AND RIVER LANDING DEVELOPMENT, LLC, APPLICANT ENTITIES AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 9 ACRES FOR THE "RIVER LANDING" SPECIAL AREA PLAN ("SAP") AT APPROXIMATELY 1400, 1420 AND 1500 NORTHWEST NORTH RIVER DRIVE, AS DESCRIBED IN EXHIBIT "A", FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE "RIVER LANDING SAP", AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 134 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 05-00410da CC 05-23-15 Fact Sheet.pdf 05-00410da CC Legislation (Version 3).pdf 05-00410da Development Agreement - Revised 05-23-13. pdf 05-00410da Exhibit A. pdf 05-00410da Exhibit B.pdf 05-00410da Exhibit C.pdf 05-00410da-PowerPoint Presentation -River Landing. pdf 05-00410da-Submittal-Letter-Miami River Commission. pdf LOCATION: Approximately 1400, 1420 and 1500 NW N River Drive [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of River Landing Development, LLC, Contract Purchaser and Mahi Shrine Holding Corporation, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 05-00410ap. PURPOSE: This will allow the development for the "River Landing" SAP. Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13383 Note for the Record: Please see Item PZ.1 for minutes referencing Item PZ.2 Chair Sarnoff PZ.2. Vice Chair Gort: Move it. Commissioner Suarez: Second. Commissioner Spence -Jones: Second. Chair Sarnoff Great presentation. It's a public hearing. Anybody wishing to be heard on PZ.2, please step up. Hearing none, seeing none, coming back to this Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.2 is adopted on second reading, 5-0. PZ.3 ORDINANCE Second Reading 13-00078Iu City of Miami Page 135 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-000781u CC 05-23-13 Fact Sheet.pdf 13-00078Iu Analyses, Maps, Sch. Conc. & PZAB Reso.pdf 13-00078lu Application & Supporting Documentation.pdf 13-000781u CC Legislation (Version 3).pdf 13-000781u Exhibit A.pdf LOCATION: Approximately 2750 SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Mapisjo Investment Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a modification* to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 13-00078zc. *See supporting documentation. PURPOSE: This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13384 Chair Sarnoff We still have PZ.2 -- PZ.3, and PZ.4. Are they noncontroversial? Commissioner Suarez: I don't think they are, but -- Chair Sarnoff Okay, so let's do PZ.2 and PZ.3. Commissioner Suarez: -- I'll be the one to jump in there. Chair Sarnoff I'm going to open up the public hearing on PZ.2 [sic] and PZ.3 simultaneously. Commissioner Suarez: No, 3 and 4. City of Miami Page 136 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Nicole N. Ewan (Assistant City Clerk): PZ.3 and PZ.4. Chair Sarnoff Three and four, sorry. PZ.3 and 4. Francisco Garcia (Director, Planning): I'd like to present the item very quickly. Chair Sarnoff Go ahead, present, and then we'll have the public hearing. Mr. Garcia: Thank you, sir. Items PZ.3 and PZ.4 are companion items. PZ.3 is the land use change and PZ.4 is the zoning change for a parcel at 2750 Southwest 16th Street. The proposal is that land -use -wise, the zoning be -- rather, the land use be changed from what it is presently, which is duplex residential, to low density multifamily residential. And zoning -wise, the request is that it be changed from T3-0, which it is presently, to T4-R. And should amend my statement by saying that that is what we are recommending approval for, and that is what the Planning, Zoning andAppeals Board recommended approval for. Andl believe that the applicant is in agreement that that should be the change. Although, what you have on your record -- again, just to state it on the record -- is a proposed change to T4-0, once again, to make clear our recommendation -- andl believe it is agreed to by the applicant -- is to change it to T4-R, which will, just to clarify abundantly, eliminate any commercial uses and allow only residential uses on this particular parcel of land. With that, I will yield to the applicant and answer any questions you may have. Ben Fernandez: Good afternoon again. Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant. I would like to agree with the Planning director. We're in agreement with that modification to the request. Commissioner Suarez: Move it. Mr. Fernandez: I'm here to answer any questions. Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by -- Commissioner Carollo: Second. Discussion. Chair Sarnoff -- Commissioner Gort. Commissioner Carollo is recognized for the record, then I will open up a public hearing. Unidentified Speaker: Thank you. Commissioner Carollo: Thank you, Mr. Chairman. Director Garcia, in the last Commission meeting, I asked with regards to was anyone against this or did they sign any cards against this? And you stated ` yes. " It seems like there was a long list of residents that were against this. Due to the Jennings ruling, I could not speak with them. So has their issue been addressed, and could you speak with regards to that? Because when you have over 20 residents that are in disagreement with a project like this, it concerns me. Mr. Garcia: Understood, sir. Yes, thank you for the opportunity to address the issue. At the Planning, Zoning andAppeals Board hearing, there were a number of stakeholders from the area who appeared and were concerned about the original proposal which was to change the zoning to an open, so it would be T4-0. That was how the application originally read. And that " O" in the T4-0 would allow for there to be commercial uses on that parcel of land. We, the Planning & City of Miami Page 137 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Zoning Department, have recommended denial of that application, and the Planning, Zoning and Appeals Board agreed that that was not something that they would like to see happen there. We believe that we achieved a consensus position in that the change should be to T4-R, which would increase the density from 18 units per acre, which it is presently, to 36 units per acre, so doubling the density but continue to allow only residential uses. With that change, which again was recommended favorably by the Planning, Zoning and Appeals Board, we believe that the concerns of, if not all, certainly most -- and we haven't heard from them since -- the concerns were addressed. And as you might remember, on first reading, this particular item did not run into any opposition. Having said that, I'm certainly happy to answer any questions you may have. Commissioner Suarez: Well, let's open up the public hearing and let -- Chair Sarnoff. Okay. You're recognized for the record. Commissioner Suarez: I'll wrap it up. Albio Castillo: Thank you, gentlemen and ladies [sic]. I live at 2235 Southwest 16th Terrace. I have these issues that I'm going to say. One is there's an FPL (Florida Power & Light) substation, andl don't know if there's a setback for the FP&L substation in order for these type of buildings. I'd also like to know since the store -- heavily traveled streets, how do they going to do it? And I'd like to know if the parking facilities and the handicaps for this type of building, the handicaps, residential, and visitors, are they going to be included rather than use the street, like sometimes this happens, and that's going to be -- if it's going to be used as that? Is the attorney present? Can he answer these questions for me? Chair Sarnoff. Sure. I'll ask Mr. Garcia to do that. Mr. Castillo: Okay. Go ahead, sir. Mr. Garcia: So I'll answer it in two parts. Part one is that the zoning change and the land use change, in and of themselves, don't necessarily approve a project; approve only the ability for the applicant to develop the property according to that zoning. And the zoning, as I stated earlier, will allow essentially only residential development of the row -house type is what would be allowed under T4-R but with a density of 36 units per acre. That said, clearly, any plan that would be approved through building permits would have to comply with all applicable regulations, and the items that you bring up are ones that are contemplated by the Building Code and Zoning Ordinance and would be addressed by any development that takes place on the site, most definitely. Mr. Castillo: And that includes the substation of the FP&L? Mr. Garcia: That parcel is not subject to the zoning change actually. Mr. Castillo: Okay. Chair Sarnoff Thank you. Commissioner Suarez: Thank you, Albio. Mr. Castillo: You're welcomed. Commissioner Suarez: Thank you. Chair Sarnoff. Commissioner Suarez, you're recognized for the record. City of Miami Page 138 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Suarez: Thank you. No, I -- Look, I thank Commissioner for bringing up those concerns. I didn't know -- well, first of all, usually, when there's any sort of a controversial zoning item, there usually is a long line of people who are coming to complain. So one of the reasons why obviously I didn't know that there was any sort of hiccup about it on first reading was 'cause nobody came on first reading, so I was able later to discuss with Francisco, and he kind of apologized that he didn't give me the information beforehand. But the fact of the matter is that, obviously, given the communications that he's had with the residents and given the fact that they haven't returned or came on first reading gives me comfort in knowing that they're okay with this being a T4-R and not a T4-O as was originally proposed by the proponent. It's an area that -- right now it looks like it's -- I know you're saying it's zoned duplex, but it's -- really looks like a commercial use and right now has a tremendous amount of trucks and it's really -- it's an eyesore for that community. So this will be something welcomed. And the secondary thing is -- ands don't know, you know, if the Administration is willing to talk about this, but one of the things we're exploring is the possibility of doing a fire station, the Shenandoah fire station that we've been -- that we've had temporarily at Shenandoah Park temporarily -- when I say "temporarily, " for a decade at Shenandoah Park -- that the residents are not too happy about having it in a park. We're trying to relocate it to that area where it might be more amenable, you know, to have the station, which will be great, and get it out of the park so. Chair Sarnoff You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Where are we with that? Because -- I mean, I think that is something that is great. As a matter of fact, I know Commissioner Barreiro pushed to have a library under one of the buildings, about roughly Southwest 1st Street and 14th Avenue. So I think that's a very good idea. And for, I think, quite some time, and I want to say years, we've been looking for, you know, a new fire station or a location -- Commissioner Suarez: For a decade. Commissioner Carollo: -- but we have a new fire station there. So I know you're saying that, but I want to know -- and especially before we take a vote -- where are we with that? Commissioner Suarez: Sure. Commissioner Carollo: Is that possibly going to happen, you know? Can anybody speak to that effect? Mr. Garcia: I'm happy to, sir. We are certainly exploring that option. We understand the challenges that there are with the Shenandoah Park site, and we've been looking for alternative sites for that much -needed fire facility in the general area. This presents itself as a very attractive parcel of land, and we are presently discussing with the property owner the possibility of doing that at some point in time in the very near future. I will say just for full disclosure that the amount of land available is somewhat restricted and that will pose some design challenges, but we're working through that, and we hope to have something to present to you very soon on this. Chair Sarnoff All right. Commissioner Suarez: Yeah. I mean, by the way, you know, one thing has nothing to do with the other. I just think that that was like a nice add -on that, you know, I think there's a possibility that -- out of this particular development, there is the possibility of having a fire station relocated from the park finally after a decade and much to the -- you know, much probably to the delight of the Shenandoah Neighborhood Association community that has, you know, always kind of expressed heartburn, even though they've been very good to work with and they even went as far City of Miami Page 139 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 as to say, "Look, Commissioner, this is the only place you can put it. You know, we'd rather have it than not have it." But, you know, we've been trying for the three years that I've been here -- and by the way, also sitting on $4 million of bond money, which is also something that, you know, I'm very conscience of for that station. Chair Sarnoff All right. Public hearing is now opened and closed on both PZ.3 and PZ.4. Coming back to the Commission, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Victoria Mendez (Assistant City Attorney): And this is modified. Ms. Ewan: Thank you. Roll call on item PZ.3. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.3 is adopted on second reading, 4-0. PZ.4 ORDINANCE 13-00078zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR THE "T3-O" SUB -URBAN ZONE -OPEN PORTION OF THE PROPERTY TO "T4-O" GENERAL URBAN ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00078zc CC 05-23-13 Fact Sheet.pdf 13-00078zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00078zcApplication & Supporting Documenation.pdf 13-00078zc CC Legislation (Version 3).pdf 13-00078zc Exhi bit A. pdf LOCATION: Approximately 2750 SW 16th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Mapisjo Investment Group, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 13-000781u. *See supporting documentation. PURPOSE: This will change a portion of the above property from "T3-O" to "T4-O". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 140 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13385 Note for the Record: Please see Item PZ.3 for minutes referencing Item P.Z. 4. Chair Sarnoff PZ.4. Commissioner Suarez: Move it. Chair Sarnoff A motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Victoria Mendez (Deputy City Attorney): As modified on the record. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.4. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.4 is adopted on second reading, 4-0 -- Ben Fernandez: Thank you. Ms. Ewan: -- as modified. Chair Sarnoff All right. PZ.5 ORDINANCE 13-00080Iu Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-000801u CC 05-23-13 Fact Sheet.pdf 13-000801u Analyses, Maps, Sch. Conc. & PZAB Reso.pdf 13-000801u Application & Supporting Documentation.pdf 13-000801u CC Legislation (Version 2).pdf 13-000801u Exhibit A.pdf City of Miami Page 141 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 LOCATION: Approximately 4021 and 4033 NW 11th Street [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Sunny 42, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 12-00080zc. PURPOSE: This will change the above properties from "Medium Density Restricted Commercial" to "General Commercial". Motion by Vice Chair Gort, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13386 Chair Sarnoff I suggest, instead of going through the rest of the PZ (Planning & Zoning) agenda, because we're going to lose some people, that we go back to redistricting. Vicky Garcia -Toledo: Thank you. Commissioner Suarez: We're ready. Chair Sarnoff Thank you. You're leaving at 6 or 6: 30, right? Vice Chair Gort: The latest is 6: 30. Chair Sarnoff Okay. That's why I want to make sure that I'm doing the right thing. Vice Chair Gort: You also have another PZ item in line. Chair Sarnoff You want to try to knock it out? Vice Chair Gort: I think so. I don't think there's any problem with it. Chair Sarnoff Which PZ item? Vice Chair Gort: PZ on 11 th Street. Chair Sarnoff Five and six -- are 5 and 6 companion items? Francisco Garcia (Director, Planning): Yes, sir, items PZ.5 and PZ.6 are companion items. Chair Sarnoff Let's try to knock it out really fast when he sets up. So PZ.5 and PZ. 6 will be heard as a public hearing jointly. You're recognized for the record, Mr. Garcia, on PZ.5. Mr. Garcia: Thank you, sir. Items PZ.5 and PZ. 6 are companion items. PZ.5 is a land use change, and PZ. 6 is a zoning change. These are for the property at 4021 Northwest 11 th Street. Staffs recommendation is favorable for a zoning designation ofT5-R -- I'm sorry -- for T6-8-R, City of Miami Page 142 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 that's residential as opposed to mixed use, in the concomitant land use designation. That's all have by way of presentation. I'll yield to the applicant for further information. Ben Fernandez: Good afternoon, members of the board. Ben Fernandez, 200 South Biscayne Boulevard. Sorry, members of the Commission. It's been a long night. This is a second reading item. We've made our presentation at the first reading, and we're here to answer any questions that you have. I would have to connect to your video monitor in order to present any additional information, but we can certainly answer any questions that you have. Chair Sarnoff. Let's see if there's a public hearing. Anyone wishing to speak -- Vice Chair Gort: Move it. Chair Sarnoff. -- anyone wanting to speak on PZ.5 and PZ.6, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Spence -Jones: Second. Chair Sarnoff. We have a motion by Commissioner Gort, second by Commissioner Spence -Jones. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.5. Commissioner Carollo? Commissioner Carollo: Yes. Ms. Ewan: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Ewan: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. Francisco, we're going to make sure when the plans come in, that all the landscaping for that area and they might be asking some other things. Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff Yes. Ms. Ewan: Item PZ.5 is adopted on second reading, 5-0. PZ.6 ORDINANCE 13-00080zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER ZONE -LIMITED TO "T6-8-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA; MAKING City of Miami Page 143 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00080zc CC 05-23-13 Fact Sheet.pdf 13-00080zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00080zc Application & Supporting Documentation.pdf 13-00080zc CC Legislation (Version 2).pdf 13-00080zc Exhi bit A. pdf LOCATION: Approximately 4021 and 4033 NW 11th Street [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Sunny 42, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on April 3, 2013 by a vote of 6-3. See companion File ID 12-000801u. PURPOSE: This will change the above properties from "T5-L" to "T6-8-O". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 13387 Note for the Record: Please see Item PZ.5 for minutes referencing Item PZ.6. Chair Sarnoff Mr. Garcia, PZ.4 [sic]. Commissioner Spence -Jones: PZ.4? Commissioner Suarez: PZ. 6. Chair Sarnoff Right. PZ. 6. Vice Chair Gort: PZ. 6. Chair Sarnoff I apologize. Commissioner Spence -Jones: You're going backward. Commissioner Suarez: Move it. Francisco Garcia (Director, Planning): And they are -- Vice Chair Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. Let's have something on the record. Mr. Garcia: I would like to clam, and maybe that we need to revise the previous vote taken, because I did specify it on the record, andl don't think the applicant is opposed to it. Our City of Miami Page 144 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 recommendation is, andl think we are in agreement, that the -- both the land use change and the zoning change not before commercial but before residential, so the change would be for T6-8-R as opposed to " O "; is that correct? Mr. Fernandez: Well, I don't believe that was the request. Mr. Garcia: That is not the request. That is correct. But our recommendation continues to be that. Mr. Fernandez: I mean, there's a possibility that this could be a quasi -residential use, such as a hotel use, which would be very compatible with the area, so to the extent that you're willing to agree on the record that the hotel component would be a permissible use in T6-8-R. Mr. Garcia: That is correct, that is an eligible use in T6-8-R. Yes. Vice Chair Gort: Right. Chair Sarnoff Mr. Garcia, you're suggesting something we already voted on, correct? Vice Chair Gort: Yeah, we got to go back. Mr. Garcia: No, sir. The future land use change can stay as is. That's fine. As far as the zoning goes, then T6-8-R is our recommendation. Commissioner Carollo: Right. Chair Sarnoff For PZ. 6? Commissioner Carollo: Right. Mr. Garcia: For PZ.6, that's correct, sir. Chair Sarnoff Okay. So you're -- the Administration is recommending T6-R [sic]? Mr. Garcia: T6-8-R. Chair Sarnoff Sorry, T6-8-R. I apologize. Mr. Garcia: Yes, sir. Chair Sarnoff And was there a motion? Commissioner Suarez: Yes. I'll agree to that. Vice Chair Gort: Andl agree. Chair Sarnoff So the maker is saying T6-R [sic]. The seconder has T6-R [sic] -- T6-8-R, I apologize. Commissioner Suarez: I didn't even know that. Chair Sarnoff You have no objection to that? Mr. Fernandez: No objection. City of Miami Page 145 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff Okay. Then I'm -- public hearing is opened. I think opened it already, but let me assure myself. The public hearing is now closed. Coming back to this Commission, any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Nicole N. Ewan (Assistant City Clerk): Your roll call on item -- Mr. Garcia: I apologize for interpreting. I'm going to make a last -moment correction. I'm going to say that that should be T6-8-L as opposed to `R. " My apologies. My mistake. My apologies. Chair Sarnoff Just for that, for those of us on the less educated or extremely fatigued side, the "R" will change that -- or the `Z" will change that how? Chair Sarnoff To open. Mr. Garcia: The only difference is that instead of -- that the hotel use that they want to have as a possibility would be allowed in T6-8-L, whereas T6-8-R would either have it go through an exception for a lesser density -- Chair Sarnoff Right. Mr. Garcia: -- or not go at all. So based on all the evidence proposed and based on the records that you have before you, our recommendation from the Planning & Zoning Department is that the zoning change be made to T6-8-L Vice Chair Gort: ` L. " Mr. Garcia: -- which stands for "limited " Chair Sarnoff We did not have a vote yet, right, Madam Clerk? Ms. Ewan: No, you did not. Chair Sarnoff All right. So there's a -- Commissioner Suarez: I accept that. Chair Sarnoff The maker now accepts it. Does the seconder accept? Vice Chair Gort: Yes. Chair Sarnoff The seconder accepts. Now we have a modified changed motion. Ms. Chiaro: It was modified before, so the Clerk has made the modification. You may vote on the item. Chair Sarnoff Thank you, Madam City Attorney. All right. Ms. Ewan: Your roll call on item PZ.6. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.6 is adopted on second reading, as modified, 5-0. City of Miami Page 146 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff Okay. Mr. Fernandez: Thank you. PZ.7 ORDINANCE 13-00079zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O" URBAN CENTER ZONE TO "T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 121, 123, 127 AND 139 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00079zc CC 06-27-13 SR Fact Sheet.pdf 13-00079zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 13-00079zcApplication & Supporting Documentation.pdf 13-00079zc CC FR/SR Legislation (Version 2).pdf 13-00079zc Exhi bit A. pdf LOCATION: Approximately 121, 123, 127 and 139 SW North River Drive [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of MV Real Estate Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on March 6, 2013 by a vote of 10-0. PURPOSE: This will change the above properties from "T6-8-O" to "T6-12-0". Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item PZ.7 was deferred to the June 13, 2013 Commission Meeting. PZ.8 ORDINANCE Second Reading 12-01180Iu1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT APPROXIMATELY: 1) THE NORTH SIDE OF SOUTHWEST 9TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND SOUTHWEST 12TH AVENUE, City of Miami Page 147 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; AND 2) 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; AS DEPICTED IN "EXHIBIT A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-011801u1 CC 05-23-13 Fact Sheet.pdf 12-011801u1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-011801u1 CC Legislation (Version 2).pdf 12-011801u1 ExhibitA.pdf LOCATION: Approximately 1) The North Side of SW 9th Street between SW 8th Avenue and SW 12th Avenue; and 2) 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-01180zc1. PURPOSE: This will change the above properties from 1) "Duplex Residential" to "Low Density Multifamily Residential" and 2) "Duplex Residential" to "Low Density Restricted Commercial". Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez 13388 Commissioner Suarez: You want to --? We could -- I think there's a -- some PZ (Planning & Zoning) items that are left. Commissioner Spence -Jones: Yeah. While -- Chair Sarnoff Go to PZ. Commissioner Spence -Jones: -- you guys get that straight, can we --? Commissioner Suarez: Yeah. Chair Sarnoff Yep. Commissioner Suarez: Print them out. City of Miami Page 148 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: PZ.8. Commissioner Suarez: There's two in my district that we can do. Chair Sarnoff. No. And put mine away, so let me get -- Commissioner Spence -Jones: I think that's Carollo's district, PZ.8. Commissioner Carollo: Let's do it. Commissioner Spence -Jones: Okay. Chair Sarnoff. So PZ.8 and PZ.9 are companion items, Mr. Garcia? Francisco Garcia (Director, Planning): Yes, sir. PZ.8 -- Chair Sarnoff. Can I open up a public hearing on both? Mr. Garcia: I'm sorry? Chair Sarnoff. Can I open up a public hearing simultaneous? Mr. Garcia: Yes, sir. Chair Sarnoff. Okay, you're recognized for PZ.8. Mr. Garcia: Yes, sir. Items PZ.8 and PZ.9 are companion items. They are for a land use change and a zoning change. There is, however, a distinction between the two that I'd like to make clear on the record. PZ.8 as a land use change actually encompasses a broader swath of land. I'd like to show you briefly on your monitors what that is and for the public to see as well. Commissioner Carollo: But that's the issue that we're having with the monitors. Mr. Garcia: I'm connected actually on this one, so I should be able to do it fairly quickly. Commissioner Carollo: Can you connect Mr. Cody? Commissioner Spence -Jones: PZ.8, what are we doing on it? Vice Chair Gort: Can you divide the screen in two? Commissioner Spence -Jones: Oh, he needs the -- Commissioner Carollo: I'm okay with it but -- well -- I'm okay with a certain area of this, andl think, you know, we could get some compromises. It's just Francisco -- I'm sorry -- Mr. Garcia wants to do a, I guess, presentation. Mr. Garcia: It's a very brief one, but it will help clam the difference between the two items. Commissioner Spence -Jones: Okay, what about PZ.9? Chair Sarnoff (UNINTET,TIGIBT,F). Mr. Garcia: (UNINTET,TIGIBT,F) there, Commissioner. I'm absolutely there. City of Miami Page 149 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones: (UNINTET,TIGIBT,F). Commissioner Carollo: Companion item. Commissioner Suarez: They're buddies. Commissioner Carollo: Yep. Later... Chair Sarnoff Did we do budget? We didn't do budget, BI (Budget Item) --? Vice Chair Gort: Well, I think Francisco -- Commissioner Suarez: It's the Mayor's International Council. Vice Chair Gort: You ready? Chair Sarnoff It's BI.1. Vice Chair Gort: He's ready. Chair Sarnoff Oh, you're read -- I'm sorry. I apologize. I didn't know you were ready. Mr. Garcia: No trouble. I'm ready, sir. Chair Sarnoff Okay. Mr. Garcia: I would like to ask the -- Chair Sarnoff The first cold stare you ever gave me in your life. Mr. Garcia: I'm sorry, sir? Chair Sarnoff That was the first cold stare you ever gave me in your life. Commissioner Carollo: And, Mr. Chairman, just for clarification, we just voted on the BC (Boards and Committees) items, which is the board and appointments [sic], and now we're going to PZ.8. Chair Sarnoff Correct. PZ.8 is now recognized for the record. Commissioner Carollo: PZ.8 and PZ.9. Chair Sarnoff Correct. And we're opening up a public hearing on both, so anybody wishing to be heard can speak on PZ.8 or PZ.9. Mr. Garcia: Very well. So what you should have on your monitors very soon, I hope, is an image of the area encompassed by item PZ.8, which in case the images don't come up, I can certainly describe for you as the area bounded by -- Commissioner Spence -Jones: And you have it in your backup too. Mr. Garcia: That's correct, you do. You have it on the record. Thank you for pointing that out, City of Miami Page 150 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Spence -Jones. So it's an area bounded by Southwest 8th Avenue to the east and one block in from Southwest 12th Avenue but not including the blocks fronting 12th Avenue to the west; on the south by 9th Street, Southwest 9th Street, and to the north by the southern boundary of the parcels fronting 8th Street but not including those parcels. In any event, the request for land use change there is from duplex residential, which it is at present and mistakenly, so there is an error as a result of the adoption ofMiami 21. The change would be to low density multi family residential, except for one parcel, which is -- and I'm going to read both, an address and the folio number. The address is 824 Southwest 9th Court, and the folio number, in case there's any doubt, is 01-4138.011 0090. And that parcel should have the land use change from duplex residential, which it is today, to low density restricted commercial; that on the land use side. On the zoning side, all the parcels are going to remain identical as they are today. The zoning designation is T4-R. And the same parcel with address at 824 Southwest 9th Court, same folio number as previously read into the record, would now change from T4-R to T4-L. By way of very brief explanation, I'll mention that this is basically a correction to make reference back to the SD-12 zoning overlay that existed previously, which allows -- and the only difference is this, it allows now for that particular parcel, which is presently undeveloped, to be developed as a surface parking lot through a warrant process. The warrant process, I should emphasize, is going to allow us in the Planning & Zoning Department to review the application and ensure that any buffering that is necessary takes place between it and the abutting residential properties. That is our recommendation for your consideration. Commissioner Carollo: Move it. Mr. Garcia: I'll be happy to answer any questions. Commissioner Carollo: Move it with an amendment that incorporates the recommendations of the Planning director -- Commissioner Suarez: Second. Commissioner Carollo: -- which he just mentioned. Chair Sarnoff. Motion by Commissioner Carollo, second by Commissioner Suarez. This is a public hearing. Anybody wishing to be heard on PZ.8, PZ.9, please step up. Hearing none, seeing none, coming -- Commissioner Carollo: You have Ms. Sandoval. Judith Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace. There's nothing -- I wanted to ask the Planning Department, is there anything planned? Anybody -- what's going on? Is there a developer after this property? What's going on up there? Mr. Garcia: I'm happy to try to address that through the Chair. Chair Sarnoff. Please do. Mr. Garcia: Yes. What there is -- and we certainly are aware of this -- is need for additional parking along the 8th Street corridor. Many of the parcels along 8th Street, particularly in that area, don't have any parking on site, and the parking on street is not sufficient to address their demand. Ms. Sandoval: I know that. Mr. Garcia: Opportunistically, then, in some of the parcels that are immediately behind those properties that front 8th Street, there are some vacant parcels that may be developed as surface City ofMiami Page 151 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 parking lots, as is the case elsewhere in a healthy commercial district. What we are seeking to do for this one particular parcel -- The others that were proposed in the ordinance were actually already developed, and we thought there was no point in actually rezoning those. Those should stay as residential properties as they are right now. The one vacant parcel that exists right now would, I think, serve -- what we think, I should say -- well to have surface parking lot to help with the parking inventory for the properties fronting 8th Street. However, before a permit would be issued for the surface parking lot, that surface parking lot should have to be processed through a warrant, so all abutting and adjacent property owners will be notified, as well as the neighborhood associations, and we will do design review to ensure that it's properly buffered to mitigate any adverse impact. Ms. Sandoval: Actually, that's pretty good. Any of you who go to the Tower Theater know that right next to it behind -- it's not behind Domino Park, but behind what is now an Asian restaurant, it's free parking. It really makes all the difference if you want to go to the theater. Andl could certainly see more of that being very beneficial. But was just wondering if you're going to have any more of those big apartment buildings they're putting on there, which are awful. Thank you. I approve of this. Vice Chair Gort: Great. Chair Sarnoff. We'll make a note. Thank you. All right, so public hearing is now closed. Coming back to this Commission, any discussion? No further discussion. Madam -- Vice Chair Gort: I'd like to ask a question. Francisco, this is a problem that exists throughout the City, Northwest 7th Street, 7th Avenue, and all the businesses corridor that we have. Is this going to be able to apply in other places? Mr. Garcia: Yes, sir. We would very much like to do so. However, we are mindful of the fact that these sorts of changes have impacts that are different in different areas, so what we're doing is we're going through the City trying to identify opportunities to do this citywide, and we will certainly come to your district office and the other district offices as opportunities arise. Vice Chair Gort: Thank you. Chair Sarnoff. All right. Any further discussion then? All right, Madam City Attorney, it is an ordinance. Maria J. Chiaro (Deputy City Attorney): My understanding of the changes are that the changes apply to only 824 Southwest 9th Court. Mr. Garcia: That is correct, as pertains to the second item, to item PZ.9. As pertains to PZ.8, the change in land use designation applies across the board to all the parcels from duplex residential -- I'm sorry -- to low density multifamily residential, and the one parcel that we've addressed by address and folio number is to be changed from duplex residential to restricted commercial. Commissioner Carollo: And, Madam City Attorney, just to clarify, everything is going to remain the same, except for that parcel that Director Francisco Garcia mentioned. Ms. Chiaro: Everything will remain the same zoning, except for 824 Southwest 9th Court. Commissioner Carollo: That's correct. Ms. Chiaro: So the first item is a land use designation change. It includes many parcels, andl will -- if there's a motion, I will read the ordinance. City of Miami Page 152 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff. There's been a motion. There has been a second. The public hearing has been opened. The public hearing has been closed. I know you've been here. I know you've been busy. Let's get busy. Ms. Chiaro: An ordinance of the Miami City Commission, with attachments, amending Ordinance 10544, as amended, the future land use map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures, subject to Florida Statute 163.3187, by changing the future land use designation of the acreage described herein of selected properties located approximately the north side of Southwest 9th Street between Southwest 8th Avenue and Southwest 12th Avenue, Miami, Florida, from duplex residential to low density multifamily residential; and 828 Southwest 8th Avenue; 829 and 830 Southwest 8th Court; 814 and 829 Southwest 9th Avenue; 824 and 831 Southwest 9th Court; 826 and 827 Southwest 10th Avenue; and 827 and 830 Southwest 11 th Avenue, Miami, Florida, from duplex residential to low density restricted commercial, as depicted in Exhibit A -- Commissioner Carollo: No. No. Ms. Chiaro: -- making -- I'm going to have the Planning director read the ordinance for you. Mr. Garcia: I'm going to try my hand at this. So I'm going to read verbatim from the resolution title that you have in front of you, and then I'm going to make a couple of modifications based on what we've just discussed. So this is an ordinance of the Miami City Commission, with attachments, amending Ordinance No. 10544, as amended, the future land use map of the City of Miami, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures, subject to Section 163.3187, Florida Statutes, by changing the future land use designation of the acreage described herein of selected properties located at approximately the north side of Southwest 9th Street between Southwest 8th Avenue and Southeast 12th Avenue, Miami, Florida, from duplex residential to low density multifamily residential. And for the property located at -- Commissioner Carollo: 824 Southwest 9th Court. Mr. Garcia: -- 824 Southwest 9th Court, in which case, that will be from duplex residential to low density restricted commercial, as depicted in Exhibit A, with amendments, as included; making findings, directing transmittals to affected agencies; containing a severability clause and providing for an effective date. Nicole N. Ewan (Assistant City Clerk): Your roll call on item PZ.8. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Ewan: Vice Chair Gort? Vice Chair Gort: Yes. Ms. Ewan: Commissioner Carollo? Commissioner Carollo: Yes. Ms. Ewan: Chair Sarnoff? Chair Sarnoff. I think so. Ms. Ewan: Item PZ.8 is adopted on second reading, as modified, 4-0. City of Miami Page 153 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 PZ.9 ORDINANCE Second Reading 12-01180zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTEDA BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.6.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO AUTOMATICALLY REVERT, IF NECESSARY, ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zc1 CC 05-23-13 Fact Sheet.pdf 12-01180zc1 Analysis, Maps, Sch. Brd. Concurrency & PZAB Reso.pdf 12-01180zc1 Fully -Executed CC Legis. (Ver. 2).pdf 12-01180zc1 ExhibitA.pdf LOCATION: Approximately 828 SW 8th Avenue, 829 and 830 SW 8th Court, 814 and 829 SW 9th Avenue, 824 and 831 SW 9th Court, 826 and 827 SW 10th Avenue, and 827 and 830 SW 11th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(s): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on December 5, 2012 by a vote of 10-0. See companion File ID 12-011801u 1. PURPOSE: This will change the above properties from "T4-R" to "T4-L". City of Miami Page 154 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Motion by Commissioner Carollo, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones Absent: 1 - Commissioner(s) Suarez 13389 Note for the Record: Please see Item PZ.8 for minutes referencing Item PZ.9 Francisco Garcia (Director, Planning): An ordinance of the Miami City Commission, with attachments, amending -- Chair Sarnoff Wait, wait, wait. I think we need a motion and a second. City Attorney would have been right then. So is there a motion? Commissioner Carollo: So move it. Chair Sarnoff We have a motion by Commissioner Carollo. Is there a second? Commissioner Carollo: As amended -- Vice Chair Gort: Second. Commissioner Carollo: -- per -- as modified, per the director of Planning & Zoning. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. There has been a public hearing opened and closed. Madam City Attorney, it is an ordinance. Mr. Garcia, it equally is an ordinance to you. Mr. Garcia: Yes, sir. I'm happy to read it into the record. The Ordinance was read by title into the public record by Planning & Zoning Director Francisco Garcia. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.9. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ. 9 is adopted on second reading, 4-0, as modified. PZ.10 ORDINANCE 06-00613Iu 1 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; City of Miami Page 155 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u1 CC SR 06-27-13 Fact Sheet.pdf 06-006131u1 Analysis, Maps & Pictures.pdf 06-006131u1 PZAB Reso.pdf 06-006131u1 Supporting Documentation - NEW.pdf 06-006131u1 CC Legislation (Version 5).pdf 06-0061 31u1 & 06-0061 3zc1 Exhibits A & B.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "Restricted Commercial" with a "UCBD" Overlay to "Public Parks and Recreation" with a "UCBD" Overlay. Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Chair Sarnoff Anybody want to take a shot at -- Unidentified Speaker: Thank you. Chair Sarnoff -- PZ.10 through PZ.13 real fast? Commissioner Spence -Jones: Are they here? Chair Sarnoff They're here. I don't know that it's controversial. Commissioner Spence -Jones: Are they ready? Chair Sarnoff You're ready? Unidentified Speaker: I'm ready. Commissioner Spence -Jones: That would be the last item. Chair Sarnoff Come on up. That'll be the last -- PZ.10 through 13 would be it for us. Great presentation. Francisco Garcia (Director, Planning): I'll be happy to introduce it quickly. PZs.10 through 13 are companion items. PZ.10 and PZ.11 are a land use change and a zoning change for the property located at 1001 South Miami Avenue. And for this particular amendment, I believe the City of Miami Page 156 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 applicants are going to make a presentation. Items PZ.12 and PZ.13 are for a land use and a rezoning of 20 Southeast loth Street. In this particular case, I believe the -- although the applicants are listed as the parties that are about to make the presentation, the City certainly is the property owner at present, and we are recommending approval for both items. By way of very brief presentation -- andl know they will have more details to add -- basically, the intent is to have a parcel of land that is presently zoned for parks rezoned for development as high density, high intensity mixed use; and likewise, a parcel that is presently zoned for high density, high intensity mixed use to be rezoned for parks. The size of the two parcels are approximately the same, and the value has been appraised as approximately the same as well. We therefore recommend approval, as the Planning, Zoning and Appeals Board recommend approval for this particular application. Andl will gladly answer any questions you may have. Chair Sarnoff All right. Is there a motion on PZ.10? Commissioner Spence -Jones: So moved. Vice Chair Gort: Second. Chair Sarnoff We have a motion by -- Commissioner Carollo: Second for discussion. Chair Sarnoff -- Commissioner Spence -Jones, second by Commissioner Gort. Commissioner Carollo is recognized for the record. Commissioner Carollo: Are you going to let them present first, though? Chair Sarnoff Okay, present. Iris Escarra: Good afternoon, everyone. My name is Iris Escarra, with offices at 333 Avenue of the Americas. My partner, Lucia Dougherty, is unable to intend, but she is also working on this particular project. The items before you are actually a preview for a larger item that is going to be coming on second reading. There's a lot of moving parts to this particular application. And because of the timing of things and the contingencies of the zoning, along with the surplus and the granting of the property, at second reading you're going to have like eight items on your agenda that will actually -- all contingent upon each other. The reason why the Planning & Zoning and the comprehensive plan amendments are before you is because they require two readings, as opposed to the other items only require one. So it's because of the contingencies in the land, they all needed to be heard on second reading. So I know that some of you may look a little confused on why we're just looking at this particular piece. It is because they required two readings. Now, I can tell you this took two attorneys at my office, the City Attorneyss office, your Public Facilities staff working together to put this together. But in the end, it's going to be a great park in the heart ofMary Brickell Village, which you otherwise would have had a very difficult time in obtaining. So little by little, as Mary Brickell Village has evolved, this project has evolved. It started with a temporary park; now it's coming in to be a portion of a permanent park and then ultimately will be an 8,900 square foot permanent park, which will be the gateway into Mary Brickell Village. The item before you today is this little piece right here. Some of you may not necessarily realize it's a park, but it actually is a City ofMiami-owned parcel of park that was donated by the Allen Morris Company. For reference purposes, Perricone's is across the street. There's a restaurant over here called Beru (phonetic), and there's a surface parking lot back here. One of the things that we're applying for is that this parcel -- The City charter allows parcels that are less than 7,500 square feet that are non -buildable to be surplus to the abutting owner. So one of the things we're asking for is for this parcel here to be granted to us. In exchange, we are granting the City a slightly larger parcel on the tip, which has more visibility as a gateway into Mary Brickell Village. That was step one of what we are doing, City of Miami Page 157 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 which is the rezoning in the comp plan, so there will be no loss in parkland to the City ofMiami. As you may recall -- some of you were here in 2011 -- there is existing a park license agreement for that park to remain in place now. So it's being utilized as a park. We've improved it as a park. So it's already there in place. So that's why sometimes, in perspective, it's kind of hard to follow, but this park is already here. We are going to be mod4ing the park license agreement to reduce it to just this 5,800 square foot portion. However, in connection with the development of the project, this 5,800 square foot portion will ultimately be deeded as well to the City, and we've moved the building back in order to accommodate that. So you may recall the original building that was part of our approvedMUSP (Major Use Special Permit) in 2006 within the (UNINTELLIGIBLE) Norton building, which went all the way to the tip. When we came back in for the park license agreement, we moved it a little bit further back from the tip of the park; and then now, ultimately, we moved it back all the way on the other side of the Metrorail, thereby leaving this whole tip here as a public open space for the community. This here is our proposed site plan, which, once all this is done, we get to come back before you one more time with an amendment to our plans. So you're just going to get a lot of us. This particular modified plan here shows how the park is going to be remained. This area here under the Metrorail is a big open space with regards to one lane access, but we're encouraged to put like cafe or open dining to really activate this particular area and continue to connect Mary Brickell Village. And then Luis Revuelta, of Revuelta Architecture, has been able to design a building that on the floor plate functionally works a lot better, which comes into play this little corner right here. You can't imagine, with such a small parcel of land, the difference this little piece here makes for the rotation of the ramps, for the rotation of the spaces while still being able to accommodate retail along the edges and comply with the code. So that was the reasoning why we went through all these particular steps. Do anyone have any questions that could answer? Yes. Vice Chair Gort: In the future, you're going to be closing that street? Ms. Escarra: This street, actually we've already replatted it and closed it as a public street. And what we did is we granted a three-dimensional easement for the Metrorail, 'cause the Metrorail actually goes -- Vice Chair Gort: Right. Ms. Escarra: -- right through it, and it's a one -lane street that connects through. Even though today, right now, I think it has a lane and parking on the side -- Vice Chair Gort: Right. Ms. Escarra: -- it's already been vacated. Vice Chair Gort: When you're beginning to -- if everything is approved, when are you begin building? Ms. Escarra: Well, this property, right now, is actually quite active and we have a lot of interest in this particular site. But I think the owners are, themselves, planning on developing it. So as soon as we get this in place, that we could do the swap, that we can come back with our modification to include this little piece of land, get our site plan approval and proceed. Vice Chair Gort: The reason I'm asking, there's quite a few construction on that -- within that two square blocks. I mean, my office right behind it. And to get in, to out of there, it's a -- so we have to work out something. Chair Sarnoff. Progress. But I think (UNINTELLIGIBLE) -- Vice Chair Gort: Oh, I agree, but -- City ofMiami Page 158 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff My Brickell's just up there and then there's two other buildings going up just (UNINTELLIGIBLE). Ms. Escarra: You have Mil Ochenta (phonetic) right here -- Chair Sarnoff Right. Ms. Escarra: -- and 1080 right here. Chair Sarnoff All right. So let me do this. I'm going to move it. Vice Chair Gort: No, I can move it. Chair Sarnoff Well, I -- Vice Chair Gort: Move it. Chair Sarnoff -- want to thank some people, so if you don't mind. Vice Chair Gort: Okay. Commissioner Spence -Jones: Second. Nicole N. Ewan (Assistant City Clerk): Chair, it's been moved and second. Chair Sarnoff Okay. Vice Chair Gort: Yeah. Chair Sarnoff I want to -- there's somebody in the back who brought the idea to me probably about four years ago. His name is Peter Ehrlich. He actually brought the idea when he worked for me, when he was on the forces of good, forces of evil. But he actually -- he had a concept known as vacant land, and the vacant land became this park. And Peter dealt with a man by the name ofMallory Kauderer, andl thought saw -- there he is. There's Mallory. Andl don't think I've ever met on any issue, on any project more in my life than this project, and I'm not faulting anyone, because everybody had their opinions, everybody had their beliefs. I think it was the first time I actually used my mediator's cap as a city -- for the City and sat everybody down and said, What do you need? What do you want? And we actually got them all together, and the City of Miami got a Raymond Jungles park out of it, and to get a Raymond Jungles park in the City ofMiami is pretty extraordinary. And, Peter, my hat's off to you. When you wore that white hat, it was great, and the idea was yours, candidly. And, Mallory, you're like a shark; you kept on coming at us, kept on coming at us, and you didn't let go. You could have easily walked away from this and said, I had enough, because the City -- I'm not blaming them, but they didn't quite understand what it is you were trying to do. And to the City, and to the attorneys, and to the Administration and Mr. Garcia, thank you for having the vision of seeing it through. And, Henry Torre, I don't think if it wasn't for your last-minute push, this would have happened at all. And in retrospect, if you've ever walked up and down New York -- and l just -- I'm right out of New York as of last week. I was there for four days. It's the little parks of New York -- and Central Park is great, don't get me wrong. But it's the little parks of New York, right next to a cafe, that really make New York what it really is. If you've ever been to any of the neighborhoods, whether it's SoHo, Tribeca, Noho now, it's these little discreet -- even the Upper Eastside -- parks: Pallet (phonetic) Park, Novo Shentil (phonetic) Park, Arzia Park. These are all great little parks that happen to be right next to cafes that really make the quality of life in New York during that right time of year very, very powerful. Luckily for us, seven or eight months of the year is the right City ofMiami Page 159 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 time of the year for us. I see Mr. Revuelta out there, the architect. So I just think this is a great homerun, took a lot of years, a lot of effort. Thank you to everybody. And again, Peter, I'm going to thank you one more time. If it wasn't for you, it never would have gotten on the radar screen. We got to try to figure out how to get the white hat back on you but, you know, I understand. Vice Chair Gort: I have to tell you, you had some great events every weekend, and it's very popular in the area. It's done a lot of good in that area. Chair Sarnofff. They even have a -- I think you even have a green market out there. Vice Chair Gort: Right. Chair Sarnofff. And I don't know how you snuck that one under from me, but I didn't know it was out there, but it's a beautiful park. So we have a motion. We have a second. Any further discussion? Madam City Attorney -- Ms. Ewan: Chair, it's a public hearing. Chair Sarnofff. I apologize. Anyone from the public wishing to be heard on PZ.10, PZ.10, please step up. Hearing none, seeing none, the public hearing is now closed. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Ms. Ewan: Roll call on item PZ.10. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.10 passes on first reading, 5-0. PZ.11 ORDINANCE First Reading 06-0061 3zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00613zc1 CC SR 06-27-13 Fact Sheet.pdf 06-00613zc1 Analysis, Maps & Zoning Referral.pdf 06-0061 3zc1 Pictures.pdf 06-00613zc1 PZAB Reso.pdf 06-00613zc1 Supporting Documentation - NEWpdf 06-00613zc1 CC Legislation (Version 3).pdf 06-0061 31u1 & 06-0061 3zc1 Exhibits A & B.pdf LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation City of Miami Page 160 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u1 and related File Ds 06-006131u and 06-00613zc. PURPOSE: This will change the above property from "T6-48B-O" to "CS". Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Please see Item PZ.10 for minutes referencing Item PZ.11 Chair Sarnoff PZ.11. Victoria Mendez (Deputy City Attorney): Mr. Chair, did you open the public hearing and close it for all the items together or have we been doing it one by one, if the Clerk can --? Chair Sarnoff Didl open all of them? Nicole N. Ewan (Assistant City Clerk): You opened it for PZ.10. Chair Sarnoff Okay, I'll open one. But let me get -- PZ.11, you want to put something on the record? Ms. Mendez: I think what was placed on the record is -- Chair Sarnoff Is adequate? Ms. Mendez: -- for everything. Chair Sarnoff Okay, great. Ms. Mendez: But I just wanted to make sure -- Iris Escarra: I made a presentation for all. Chair Sarnoff So PZ.11. Anybody -- PZ.11, PZ.12, PZ and 13 -- PZ.11, 12, and 13, there's a public hearing now open on the remaining items. Anybody wishing to be heard on 11, 12, and 13, please step up. Hearing none, seeing none, coming back to this Commission. Do we have a motion? Commissioner Spence -Jones: So moved. Chair Sarnoff Motion by Commissioner Spence -Jones. Commissioner Carollo: Second. Discussion. Chair Sarnoff Second by Commissioner Carollo. You're recognized for the record. Commissioner Carollo: Thank you. Ms. Escarra, can I see the picture of the building again? Yes. How many units do you anticipate on there? City of Miami Page 161 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Ms. Escarra: I can tell you -- I believe -- originally, the building was 554 units, then we revised it to 526, and now we're at about four hundred or so units. Commissioner Carollo: Four hundred units. And by when do you expect this to be built? Ms. Escarra: Commencement late '14, early '15. Commissioner Carollo: So definitely before '20? Ms. Escarra: Yeah. Commissioner Carollo: Okay. Chair Sarnoff Okay. Anyone else want to be heard on this? Commissioner Suarez: Not related to your item. Chair Sarnoff Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Ms. Ewan: Roll call on item PZ.11. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.11 passes on first reading, 4-0. PZ.12 ORDINANCE First Reading 06-00613Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006131u CC SR 06-27-13 Fact Sheet.pdf 06-00613lu Analysis & Maps.pdf 06-006131u PZAB Reso.pdf 06-006131u Application & Supporting Documentation.pdf 06-006131u CC Legislation (Version 5).pdf 06-006131u & 06-0061 3zc Exhibit A. pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, City of Miami Page 162 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-00613zc and related File IDs 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "Public Parks and Recreation" with a "UCBD" Overlay to "Restricted Commercial" with a "UCBD" Overlay. Motion by Commissioner Spence -Jones, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Sarnoff, Carollo, Suarez and Spence -Jones Absent: 1 - Commissioner(s) Gort Note for the Record: Please see Item PZ.10 for minutes referencing Item PZ.12. Chair Sarnoff PZ.12. I think we need a motion. Commissioner Spence -Jones: So moved. Chair Sarnoff Motion by Commissioner Spence -Jones. Commissioner Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.12. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.12 passes on first reading, 4 -- Chair Sarnoff PZ.3 -- sorry. Ms. Ewan: -- -0. PZ.13 ORDINANCE 06-00613zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 163 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 06-00613zc CC SR 06-27-13 Fact Sheet.pdf 06-00613zcAnalysis, Maps & Zoning Referral.pdf 06-00613zc PZAB Reso.pdf 06-00613zcApplication & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 3).pdf 06-006131u & 06-0061 3zc Exhibit A. pdf LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on January 16, 2013 by a vote of 10-0. See companion File ID 06-006131u and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property from "CS" to "T6-48B-O". Motion by Commissioner Spence -Jones, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Please see Item PZ.10 for minutes referencing Item PZ.13. Chair Sarnoff PZ.13. Have a motion? Commissioner Spence -Jones: Second. Chair Sarnoff No. Do I have a --? Commissioner Suarez: Move it. Chair Sarnoff There's a motion by Commissioner Spence -Jones. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Victoria Mendez. Nicole N. Ewan (Assistant City Clerk): Roll call on item PZ.13. Commissioner Gort, would you like to be included in the roll call? Vice Chair Gort: Yes. A roll call was taken, the result of which is stated above. Ms. Ewan: Item PZ.13 passes on first reading, 5-0. Iris Escarra: Thank you very much, everyone. City of Miami Page 164 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoft Thank you very much. Mallory, Peter, thank you all very much. PZ.14 ORDINANCE First Reading 12-00941 zt1 PZ.15 13-00197x AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12-00941zt1 CC 06-27-13 FR Fact Sheet.pdf 12-00941zt1 PZAB Reso.pdf 12-00941zt1 CC Legislation (Version 5).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. *See supporting documentation. PURPOSE: The proposed regulations will establish new and updated sign regulations in the Zoning Ordinance. It will institute new and revised definitions in Article 1, add review criteria in Article 4, remove most regulations from Article 6, update regulations for nonconforming signs in Article 7, and create new regulations in Article 10. It will also provide a more user-friendly document with clear regulations for each zoning designation as well as additional signage regulations for various circumstances within the built environment and business demands. Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING OR DENYING AN EXCEPTION AS LISTED IN ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 5, SECTION City of Miami Page 165 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 5.7.2.4, TO ALLOW A NEW DEVELOPMENT (HELIPAD) IN A CIVIC INSTITUTION ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE (MERCY HOSPITAL), MIAMI, FLORIDA. 13-00197x CC 05-23-13 Fact Sheet.pdf 13-00197x PZAB Appeal Letter.pdf 13-00197xAnalysis, Maps & PZAB Reso.pdf 13-00197xApplication & Supporting Documentation.pdf 13-00197x Zoning Write Up, Referral & Plans.pdf 13-00197x CC Legislation (Version 3).pdf 13-00197x CC Legislation (Version 4).pdf 13-00197x ExhibitA.pdf LOCATION: Approximately 3663 S. Miami Avenue [Commissioner Marc David Sarnoff- District 2] APPELLANT(S): Carlos J. Gimenez, Esquire, on behalf of Eric Levy, President of Bay Colony Condominium Association, Inc. APPLICANT(S): Alexander I. Tachmes, Esquire, on behalf of Plantation General Hospital Limited Partnership FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and approval with a condition* of the Exception. PLANNING, ZONING AND APPEALS BOARD: Approved the Exception with conditions* on February 20, 2013 by a vote of 11-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow the construction of a helipad on the Mercy Hospital premises. Motion by Commissioner Spence -Jones, seconded by Vice Chair Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones 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 D1.1 DISCUSSION ITEM 13-00394 City of Miami Page 166 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 D2.1 13-00608 D3.1 13-00599 DISCUSSION OF HOMELESS BEDS IN THE CITY OF MIAMI BEING USED BY OTHER ENTITIES TO BRING HOMELESS INTO THE CITY FROM OTHER JURISDICTIONS. 13-00394 Email - Homeless Beds.pdf NO ACTION TAKEN END OF DISTRICT 1 DISTRICT 2 CHAIR MARC DAVID SARNOFF DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 13-00608 Status - Hiring Police Officers.pdf NO ACTION TAKEN END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM UPDATE REGARDING THE ISSUANCE OF THE AUDITED FINANCIAL STATEMENTS ENDING FOR THE YEAR SEPTEMBER 30, 2012/ EXTERNAL AUDITORS TO ADDRESS THE COMMISSION. 13-00599 Update - Issuance of Audited Financial Statements.pdf DISCUSSED Chair Sarnoff So let's go through the agenda. We still have RE (Resolution) -- Commissioner Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Carollo: And we still have one more time certain -- Chair Sarnoff Yeah. Commissioner Carollo: -- which is the auditors -- external auditors that I think are here present. If we could have a quick -- City of Miami Page 167 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff Yes. Commissioner Carollo: -- presentation or at least discussion with them just to follow up on my discussion item last Commission meeting. Chair Sarnoff D3.1, you're recognized. Commissioner Carollo: Thank you. And if you all remember, I have been asking for now every Commission meeting with regard to the audited financial statements. In the last meeting, I requested the auditors to be here. They were able to address us via phone; however, it was hard to listen to them. So I asked that they actually come back and address us. And more than anything, what wanted is to have a follow-up to see where are we with the audit right now. They stated that -- the last time that they had -- they were still waiting for information from the City, apparently invoices, so I want to verin, that they have received it and where are we with the audit. Chair Sarnoff You're recognized for the record, sir. John DiSanto: I'm John DiSantos. I am an executive director with Ernst and Young, andl am the partner in charge of your audit. And do appreciate the opportunity to give you an update on the status of the audit. At the last meeting, yes, we did participate by phone, and there were three areas that we're really working through: the CAFR (Comprehensive Annual Financial Report) document itself. That's the Comprehensive Annual Financial Report. Construction in process, I think we mentioned that we were waiting on supporting documentation for a lot of that. And the third thing is just finishing updating our subsequent event procedures, finishing up our quality control and partner review, independent partner reviews, et cetera. Where we are today, we have received all of the information on the construction in process from the City, and we have agreed with the numbers that the City has come up with as far as an adjustment. I think last time on the phone I mentioned, from an adjustment perspective, out of a total construction in process balance of about 232 million, I think the final adjustment is going to be 188 million of items transferred out of construction in process and into capital asset categories. The depreciation for years prior to fiscal '12, which is the year under audit, is about $17 million. The City has determined that amount to not be significant to the financial statements taken as a whole and is going to record that depreciation expense, all of it, even for prior periods, in fiscal '12. As we mentioned on the call, because of the magnitude of that difference and the fact that it relates to prior periods, we are required to consult with our national practice on that, and we are just in the process of initiating that process now. Of course, I can't speak for our professional practice director. It's very possible he may say, "No, that number is too big. We need to go back and restate the prior balances for that number." You know, that process will probably take a few days to work through. The second item we talked about was the actual status of the CAFR itself. And with respect to the CAFR, itself we reviewed a very early draft and early drafts of the CAFR, starting in mid -March, and those drafts needed a lot of work. We had a lot of questions, comments, numbers that just didn't tie out to the general ledger, footnotes that were either incomplete, or notes that were not included that should have been. We have received an updated draft from the City. We are working through that draft right now. Currently, there are about, out of the whole CAFR -- and there's a lot of information and numbers in there -- there's about 35 to 40 balances in there between the financial statements and footnotes that either we do not still have supporting documentation for or the supporting documentation we have differs from the amounts that are in the CAFR. So we are working through those with City staff. Now, some of those items we're finding, they take as quickly as 15 minutes to work through. Some of them can take a couple of hours, depending on the level of research City staff has to do in order to come back. In updating our subsequent event and final procedures, again, we are working through that. One of those is getting updated letters from the City Attorney's office in order to determine the impact, if any, on the financial statements of current litigation. And we met with the City today on a preliminary basis. We do have a meeting scheduled for Wednesday to go over each City of Miami Page 168 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 and every case and make a conclusion as to the extent of the liabilities, if any, that need to be recorded for each case. Given the nature of where we are today, if you're going to ask me for a best estimate, I would probably say somewhere around the middle ofPune, probably between the IOth and 20th, for issuing final. That will include our opinions not only on the CAFR but the single audit, the grant audit as well. And with that, I will just ask if you all have any questions for me or for City staff who's here as well? Commissioner Carollo: Mr. Chairman. Chair Sarnofff. You're recognized. Commissioner Carollo: Thank you. Andl'm -- Listen, I understand this is a boring subject, so I'm going to try to move quickly, but it's still very important and, you know, I think it needs to be addressed. I think it's obvious by -- and you said a lot of things, but I think it's obvious, but I -- still, I want to pose a question to you. Do you feel the City has adequate policies or procedures to provide guidance as to what items should be capitalized and what items should be expensed? Mr. DiSanto: I think -- when looking at the current policies and procedures, I think there's a couple of things. First, I think there are procedures in place, and those procedures are pretty good. I think the issue and the downfall is do we have the right number of staff and do these staff that are responsible for recording those activities have the requisite experience and expertise in the general accounting requirements. The other thingl want to point out, too, is it's not necessarily a finance issue. It's more of a communication issue, I think, between all of the departments and the Finance Department. For example, the reason why we came upon the issue to begin with, we just asked for a simple report comparing budgeted expenditures for every project to the actual expenditures, and the City's information system was able to produce a report very quickly for that. And we just started asking about all the ones that looked like they were about 80 percent complete, and upon asking about those, we find out -- found out the majority of those were actually completed and placed in service in prior years, some dating back prior to 2006, so just simple things like that. But I think communication -- A best practice that a lot of your counter parts in municipal government throughout the state of Florida do is they actually get together and review a similar report to that, but it's every department. It's CIP (Capital Improvements Program), it's Public Works, it's Police, Fire, with Finance, on a monthly basis, and they're reviewing those projects and the status; and then Finance, of course, can indicate the financial implications of anything that's said at that meeting and that seems to facilitate the process. So I do think procedures are there, but think the, you know, communication needs to be worked on. The suggestion I made, I think, would certainly solve the problem. Andl think having the right number of staff and staff with the requisite experience would also help. Commissioner Carollo: Right. Andl appreciate that. And believe me, everything you're saying is welcomed. However, I don't think communication was the issue when you were first given the CAFR back in February with all the misstatements or at least -- Mr. DiSanto: Correct. Commissioner Carollo: -- numbers that -- so that was not communication. Mr. DiSanto: Yeah. I think that was again -- Commissioner Carollo: Andl'm sorry. Andl'm sure that will be addressed in the future once, you know, the finance -- you know, the audited financial statements are issued and so forth. Then we have -- Mr. DiSanto: Yes. City of Miami Page 169 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Commissioner Carollo: -- you know, a good conversation about it. Mr. DiSanto: Absolutely. Commissioner Carollo: There's still -- andl'm not sure if they're invoices or what they are, but you've asked for certain, I guess, invoices or supporting documentation with regards to CIP. Mr. DiSanto: Correct. Commissioner Carollo: Have you received all of it. Have you not? I think some of it from -- andl'm going on memory from what you said the last time. Andl know it was hard listening through -- Mr. DiSanto: Yes, sir. Commissioner Carollo: -- the phone, but some of it dated back to 2002, 2000. Okay, so what happens -- and those may be hard to produce -- if they're not produced? What happens if you do not -- I mean, are you considering a qualification in the governmental activities or not? Or do you feel comfortable that we will reach an unqualified opinion by June -- mid -June sometime? Mr. DiSanto: Yeah, Commissioner, I think can address all of those points. With respect to the invoices, I -- we actually did get supporting invoices for everything that we asked for. Commissioner Carollo: Good. Mr. DiSanto: And, again, there were some issues but not material or significant issues with some of the invoices. So from that perspective, we didn't have any issues. We do anticipate, if things continue to move along the path they are, that our opinion will be clean or unqualified. Again, we could have issued a qualified opinion way back in March -- Commissioner Carollo: Understood. Mr. DiSanto: -- but obviously, that's not what would have worked for anybody, and just there was more work we had to do to get comfortable with the balances as presented; and as I mentioned, there were some pretty significant adjustments that came out from that work. Commissioner Carollo: Understood. And the last thingl want to mention andl want to tell my colleagues is that back in February of 2011 -- and I've mentioned this already -- we -- this Commission approved $30, 000 for additional test work, agreed upon procedures under CIP Department. This was something that I had discussed with previous City Manager Migoya. And it was back at that time, he and l felt -- and even though we didn't get the specifics -- that we need additional testing of the CIP. I remember, I think sometime in July, I asked then Finance director or -- no -- Finance Director Gomez with regards to where we were, and there wasn't any clear, I don't know, procedures -- not procedures, but guidance on what type of audit or approved upon -- agreed upon procedures. But the bottom line is that we approved those monies; nothing's ever happened. And, Mr. Manager, even though, you know, it was approved prior to you being there, the Administration has dropped the ball, because now, all of a sudden, something that was approved, the money was there, and we did back in 2011 is coming to bite us now and we're in 2013. So, you know, that's really unacceptable. And, again, I'm looking now, hopefully, in mid -June to have issued financial statements. Mr. DiSanto: Yes, sir. Commissioner Carollo: And then I think we're going to address a lot of the issues, not to mention, let's see what this audited financial statements say, see what are the City of Miami Page 170 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 (UNINTELLIGIBLE) comments and so forth -- Mr. DiSanto: Yes, sir. Commissioner Carollo: -- see what the findings are, and then we're going to have a good conversation and address a lot of these issues. Thank you. Chair Sarnoff Any other questions, comments? You ever been deposed? Mr. DiSanto: Me personally, no, sir. Chair Sarnoff You'd be good at it. All right. Mr. DiSanto: Thank you. Chair Sarnoff Thank you very much. Mr. DiSanto: Thank you again for your time. I appreciate it. Commissioner Carollo: Thank you. Chair Sarnoff Good? Commissioner Carollo: Yeah, I'm good. Chair Sarnoff Okay. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 13-00430 DISCUSSION REGARDING CREATION OF A FIXED BUILDING PERMIT FEE FOR RESIDENTIAL PROJECTS UNDER $2,500. 13-00430 Creation of a Fixed Building Permit Fee.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 DISCUSSION ITEM 13-00565 DISCUSSION REGARDING AWARDING ALL EMPLOYEES A MID -YEAR BONUS. City of Miami Page 171 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 NA.1 13-00662 13-00565 Email -Awarding Employees Mid -Year Bonus.pdf NO ACTION TAKEN END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM DISCUSSION REGARDING POSSIBLE LEGAL ACTIONS TO BRING THE PROPERTY LOCATED AT 1132 NE 84TH STREET INTO CODE COMPLIANCE. 13-00662-Submittal-Event Invitations and Photos.pdf DISCUSSED A motion was made by Chair Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to afford the City Attorney the latitude to take any action deemed appropriate to bring the property located at 1132 NE 84th Street into compliance. Direction by Chair Sarnoff to the City Attorney to provide the City Commission with a status update on the actions taken to bring the property located at 1132 NE 84th Street into compliance within 30 days. Chair Sarnoff. I have a really quick pocket item. Anybody okay with hearing that? So, Mr. -- Commander Morales, and is Jennifer Ocana here? So to the Commissioners, Commander, do you want to describe to the Commissioners what went on and what your understanding of what happened is in the history behind this house? Manuel Morales: Absolutely. Good afternoon, ladies and gentlemen of the Commission. Commander Manny Morales, Upper Eastside NET (Neighborhood Enhancement Team). We have an ongoing issue with a property located at 1132 Northeast 84th Street, up in the northern section of Shorecrest. The home has been in foreclosure for quite some time, and it's being occupied by an individual who is, for lack of a better term, running parties out of that location. It's a large estate with a bay access in the back. I believe the Commission is familiar with the location. They had a boat fire -- a boathouse that caught on fire. We've demolished it. And there has been several code violations that have been levied up against the property. The intensity of the -- the frequency of the parties have diminished. We haven't had an incident since December of last year when we had to effect an arrest of the occupant of the home for violating the noise ordinance and breach of peace and resisting to Officer Carpenter. But on Sunday, they had a celebration for Haitian Flag Day. Around a thousand people showed up. And if you can picture this, this is a dead end or a -- it goes up to the bay. You do have another exit. Not on that particular street, but you do have the circle come around. A thousand people; vehicles parked everywhere. I was notified by some of the residents. And some of the residents did call the 911 system to complain in reference to both the music and the vehicles on the street. We deployed some of our units. I gave structions [sic] to the officers on site to begin using the laws at our disposal, meaning the violation of the noise ordinance or the breach of peace, whether it be a county or stats ordinance, and also to enforce all parking lots, which was one of the main complaints that the residents were calling about. The officers on the scene arrived; did see a large crowd. The crowd was peaceful. We're not talking about the demeanor or the actions of the particular crowd, other than the numbers and the noise that comes along with a thousand people in a residential neighborhood; that, all by itself just creates a breach of peace onto it. But the officers -- several vehicles were parked in the no parking zone that is on the south side of 84th Street where it's clearly marked. The supervisor on the scene made a determination and City of Miami Page 172 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 used his discretion; gave notification to the individual in the house, who had the party -goers or the attendees move their vehicles. As they moved it, the officers failed to check the area further, and the new party attendees kept parking on it. It created a large scene. As you can imagine, the crowd grew in size, the music grew in intensity. At around 9: 45, I had to send additional units to go ahead and shut down the party. Nine forty-five, the DJ (Disc Jockey) was shut down, though there was still some music being played from individual vehicles. At that time, if you can imagine the chaos that's formed by a thousand people flooding into the streets of a quiet residential neighborhood on a Sunday night to aggravate the matter. We have, given the history of the home, put certain steps in place now. I guess we have grown lax, due to the fact that the parties had subsided for a while; five months since the last arrest. The officers on the scene did not have firsthand knowledge of the location, and the history and the undue stress that they're causing their neighbors. We have, in fact, met with those officers. We brought the situation to light. We gave them specific instructions on how to handle the situation. Myself, I was unaware that in a single- or double family residence, even if you're having a party, if the crowd is going to grow over a hundred, you need to get a temporary use permit, which is approved throughout the special events office. Myself, I have to give the approval to the permit, being the unit NET commander, and you're limited to two a year. So in addition to that, we went to the home and we contacted the resident, Mr. Wilcock, and we advised him -- Willock (phonetic). My apologies; Willock (phonetic). And we advised him that he is not only violating the temporary use permit City ordinance, but in addition, he is violating the noise ordinance. So will be effected an arrest if he violates the ordinance again. He did inform us that he's intending on having some parties this weekend for Memorial, so I'll be there, my Neighborhood Resource Officer will be there, and the individual will be dealt with accordingly to any violations that he commits. But it's definitely a situation that's been going on much too long, and it's a burden that the neighbors should not have to dealt [sic] with. We should have dealt with it more effectively, and we will from now on. Chair Sarnoff All right, thank you, Commander. Is Jennifer Ocana back there? Mr. Morales: Yes. Chair Sarnoff Jennifer, can you put in your own words what it was like? Jennifer Ocana Barnes: Good evening, Commissioners. My name is Jennifer Ocana Barnes, and live at 8400 Northeast Bayshore Drive. To give you a perspective, I'm about 500 feet from 1132 Northeast 84th Street. On Sunday night, the party approximately started about 4 p.m., was when we initially saw the cars arriving to our street, and they were immediately parking it where the no parking sign is. Because this is an annual event, we immediately -- I retrieved my records and looked back at some of the instances that happened and immediately contacted Commander Morales to give him a vision of what was currently going on in the neighborhood. Immediately thereafter, I called the nonemergency number and informed nonemergency to send out some officers. As Commander Morales pretty much recapped, the party eventually got out of control. And approximately about 8: 30 p.m. is when I was trying to sit in my kitchen trying to have dinner, and my husband and I, we were feeling very concerned about our safety. And in addition to that, throughout the evening, we kept on trying to check our own personal cars, personal safety. They had blocked our driveway so we had no ability of getting out, and they had done this not only in our home but in other homes as well. I think more importantly than recapping the incidents that happened on May 19, simply because, from my perspective, there are events that also happened not only on May 19, but we can go back to last year and the year before that. This house consistently violates not only from a party perspective but beyond that. It's just the residents, that it has a lot of complications regarding its ownership status. I know that we have worked with the City, various departments, including your City Attorney, including Code Enforcement, the Police, and nothing really has been able -- it's primarily been entirely ineffective. My concern is, in looking at it from a broader spectrum, I feel that today's discussion can create a way that we can come up with a solution to prevent nonresidential activities to occur in residential neighborhoods. I do believe, from a broader perspective, that this may City of Miami Page 173 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 particularly be an issue throughout the City ofMiami. And how can we use our neighborhood's circumstance, an event like happened on May 19 and on previous years, to take a look at that? Potentially do a case study. And more importantly, even with hearing possibly the outcome from today and applying some of the ordinances that we currently have in place and potentially looking at how we can implement additional ordinances, maybe something like Party House ordinance or something of that nature, that other cities have implemented to deal with issues like this and help and create some solution around these chronically problematic properties that exist, which I believe is not just in Shorecrest. So with that being said, I am before you today to request an unequivocal and clear action plan from the City. As Commander Morales stated, it's not when it's going to happen; we know it's going to happen. In fact, it will happen this weekend again, and it will continue happening until we put a stop to this. Chair Sarnoff Thank you. Ms. Barnes: Thank you. Chair Sarnoff All right, Madam City Attorney, can you tell me what actions you've taken in the past, what has been effective, and what you intend on doing in the future? Victoria Mendez (Deputy City Attorney): With regard to the Party House ordinance, based on your direction, we've met four times already with the committee that's drafting that ordinance and we'll have something for you, hopefully, within the next few weeks with regard to that. We at this time are setting a hearing in the -- in one of the cases where we tried to enjoin, which is case number 08-28113 CA-03, in the general jurisdiction division. We're serving the owner of the property in New York, and hopefully, we can get more information on this new tenant so that we can serve that person as well for an injunction in this case before Judge Bailey. The third thing we are trying to do is figure out if we can intervene in the bankruptcy case. What's happening in this case is that the foreclosure of the property has been set aside a few times. The bank has not been able to acquire property because -- the property or sell the property because the owner of the property, Mr. Barns, is very savvy and has been filing bankruptcy cases, which stall the foreclosure case. He's -- Chair Sarnoff Is this owned in a corporate capacity or as a --? Ms. Mendez: Individual. Chair Sarnoff Individual. How many times can a person go into bankruptcy and then come out of it? Ms. Mendez: The issue is that he's done it in several different jurisdictions and -- whether it's him, his wife, together, so that's why the foreclosure case has been stalled so much and this man has been able to do so much harm to the community. So we're trying to figure out how we can get relief from the courts in that case so that this foreclosure could go through, and then it could be sold to a loving family who would actually enjoy the home. Chair Sarnoff The City had some liens on this property as result of taking down an unsafe structure. Am I right? The boathouse was -- Ms. Mendez: Yes. Chair Sarnoff -- blew up. Ms. Mendez: The -- based on the community and your concern for that property, we were able to, in the foreclosure action, request leave of the court to allow us to demolish the back portion, and that was demolished, and there is a lien. The City has gone to Court to try and collect on City ofMiami Page 174 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 that lien as well. The problem is that because of the -- there was an appeal on the final judgment of foreclosure as well, and the court did not allow us to intervene with regard to that lien. So now that that has been resolved and it has been set aside, unfortunately, he filed for bankruptcy again, so the City will be figuring out how to intervene in the bankruptcy case in order to also collect on that lien. Chair Sarnoff Is the bankruptcy presently proceeding in the Southern District of Florida? Ms. Mendez: No, it's in New York, which we're trying to see if we could get pro bono counsel to assist us in New York with regard to that. Chair Sarnoff And would you come back to us in 30 days with an action plan? Ms. Mendez: Yes. Chair Sarnoff Do you think you'll have an action plan you --? Ms. Mendez: Well, those are some of the things that I've already discussed that we will be doing as long -- also monitoring compliance, working with the bank as well to help the bank intervene -- the bank is planning to intervene, and we'll see if we can appear telephonically. We're trying to work out those details. There's a hearing set for June 4 with regard to the stay of the bankruptcy, the automatic stay at this time. And the other suggestions will be to work with the police department on some of the matters that Commander Morales advised with regard to the noise ordinance, with regard to the lack of a TP (Temporary Permit) to have these type of parties, and other suggestions that we'll be working on to see if we can resolve the issues for this weekend. Chair Sarnoff Is this being on some sort of a social media or Internet that suggests that there 's going to be a party there this weekend? Ms. Mendez: I think Ms. Ocana or Commander Morales might have more information with regards to that. Mr. Morales: Sir, when we responded to the home or made contact with them the day before yesterday, he told us that he was planning -- we told him, listen, from now on, we're going to be strictly enforcement. We're flagging your house in our computer system. Every time that we receive a call, any type of call at that location, it'll flag up, and it will mandatory dispatch a supervisor there, and there'll be a notation to contact me personally. So if we're -- He's aware that he's not supposed to be having the parties. He said he's still having it. So we'll see the end result on Saturday. Chair Sarnoff Who is lie? What what's his name? Mr. Morales: Willock (phonetic). Chair Sarnoff What's his first name? Mr. Morales: Mr. Willock (phonetic). I can get it for you. Douglas. Douglas Willock (phonetic). Chair Sarnoff Douglas Willock (phonetic). And you have taken Douglas Willock's (phonetic) ID (Identification) card, and you know who he is and where he lives and --? Mr. Morales: Absolutely, absolutely. We got him identified. Like I said he was arrested back on December 21, 2012 for the same incident, for a loud party. City of Miami Page 175 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 Chair Sarnoff. It's the same one, right? Mr. Morales: Yes. Chair Sarnoff. Okay. You know, I don't want to sit here and make the Commissioners go through this. If anybody has any suggestions for me. A thousand people in your neighborhood is a lot of people. Commissioner Suarez: It is. Chair Sarnoff. I think you're seeing some of the pictures. Ms. Mendez: Commissioner, we have -- I'm sorry. Commissioner Spence -Jones: No. I just -- I'm glad that the young lady's bringing this up as an issue. I know that we've had the same thing happen, you know, in certain parts of my district as well; not a thousand people, so this must be a pretty big house. But, clearly, definitely, I think that we need to move in the direction of coming up with some sort of you know, legislation. I don't know if you want to call it party house, but it might be party house. But, definitely, we should look into the other cities that are -- that's already doing this. Ms. Mendez: We're working on that presently, and we will have something for you as well. Commissioner Spence -Jones: Okay. Vice Chair Gort: Mr. Chairman. Chair Sarnoff. You're recognized, Commissioner Gort. Vice Chair Gort: Question: Do you know if they charge people to go in or --? Commissioner Spence -Jones: Yeah, are they charging people? Vice Chair Gort: Because if they are, that's a business. It's not allowed to be -- Mr. Morales: Sir, one of the issues and one of the tools that we attempted to utilize in order to stop the parties is to determine whether they were doing some sort of for profit. Obviously, we know that Mr. Willock (phonetic) is not donating the use of the residence to have these parties. But we're unable to identifi, how he's securing the funds. They're not charging at the door. They're not selling drinks. When they advertise in social media, they don't advertise a cover charge or they don't advertise drinks for sale. Every time, it's pretty much synonymous with bring your own coolers, bring your own towel, bathing suit attire. So those are some of the challenges that we're facing where we forward and unlike the -- Chair Sarnoff. You're going -- Mr. Morales: -- Madam Attorney -- Chair Sarnoff. -- to be working this weekend? Mr. Morales: I'll be there. Chair Sarnoff Okay. City of Miami Page 176 Printed on 6/25/2013 City Commission Meeting Minutes May 23, 2013 ADJOURNMENT Mr. Morales: If Mr. Willock (phonetic) has a party, I'm going to be partying there. Different type of party, but I'll be there. Chair Sarnofff. All right. You'll get back to us in 30 days with where you stand on this, Madam City Attorney? Ms. Mendez: Yes, we'll give you the status, and hopefully, with the -- with some of the things that we advise you that we'll be doing; and also, in conjunction with the police, I think that we could curtail -- Chair Sarnofff. I'm going to do a motion, and the motion is going to be to afford the City Attorney the latitude to take any action she deems appropriate to bring this residential property into compliance. Commissioner Suarez: Second. Chair Sarnofff. Motion -- there's -- Willy, take it. Vice Chair Gort: There's a motion. Is there a second? Commissioner Spence -Jones: He just said "second." Vice Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Chair Sarnofff. Thank you. Thank you, Commander. Mr. Morales: Thank you. The meeting adjourned at 6: 58 p.m. City of Miami Page 177 Printed on 6/25/2013